What's the difference between contract disputes and economic disputes? We may have disputes with people in life or at work. A dispute refers to a situation where the parties misunderstand the specific reasons or one party deliberately conceals the facts, resulting in fruitless negotiation between the two parties. So what's the difference between contract disputes and economic disputes?

The difference between contract disputes and economic disputes 1 1. What is the difference between a partnership contract dispute and a personal economic dispute?

The concept of partnership can be given from the perspective of legal acts and organizational forms. From the perspective of legal acts, partnership refers to an agreement between two or more civil subjects * * * to contribute capital, * * * to operate, and * * * to lose profits and losses; As far as organization is concerned, partnership refers to the enterprise organization form in which two or more civil subjects jointly contribute capital, jointly operate and make profits and losses.

Therefore, no matter from the angle of legal behavior or organizational form, it is emphasized that the main characteristics of partnership are * * * investment, * * * management, * * * negative profit and loss, and * * * risk.

The so-called dormant partnership refers to a partnership in which one party contributes to the production and operation of the other party and does not participate in actual economic activities, but only shares the operating benefits and assumes the responsibility for losses to the extent of the capital contribution. Investors are called sleeping partners; The party that uses the capital contribution of the sleeping partner to carry out economic activities in its own name is called a well-known operator.

There are two kinds of economic disputes: first, economic contract disputes, such as sales contract disputes, loan contract disputes, contract disputes, construction project contract disputes, technology contract disputes and so on. Second, economic infringement disputes; Such as intellectual property rights (such as patents and trademarks) infringement disputes, ownership infringement disputes and management rights infringement disputes.

In the market economy, contract is a legal and universal form for equal market participants to establish trading relations and carry out trading behaviors in pursuit of economic goals. Therefore, contract disputes are the main part of economic disputes.

There are many reasons for economic disputes, both subjective and objective. Combined with the situation of China's economic activities, there are three main reasons for economic disputes:

1, the basis of economic activities is not standardized. Non-standard basis is the main reason for economic disputes when market participants engage in economic activities. The gentleman's contract can be seen everywhere, which leads to no rules to follow in the performance of economic contracts, thus resulting in disputes;

2. In economic activities, we don't strictly abide by the rules, and some subjects of economic and legal relations don't strictly act according to the law. According to their own interests, they deliberately fail to perform contracts or conclude fake contracts, causing disputes;

3, the relevant departments of administrative intervention, resulting in economic disputes.

Parties to economic litigation refer to citizens, legal persons and other organizations that have a direct interest in the economic rights disputes and the trial results, participate in the litigation in their own names and are bound by the judgment of the people's court. The parties mainly include the plaintiff, the defendant and the third party.

Plaintiff refers to a person who brings a lawsuit to the people's court in his own name because his economic rights and interests have been infringed or disputes over economic rights and interests have occurred with others, resulting in legal proceedings.

The defendant refers to the person who is accused of infringing the plaintiff's legitimate economic rights and interests or having an economic rights dispute with the plaintiff, and is notified by the people's court to respond to the lawsuit.

A third party refers to a person who has an independent claim to the object of litigation disputed by the plaintiff and the defendant, that is, the rights of the economic entity disputed by the plaintiff and the defendant, or a person who has a legal interest in the outcome of the case although he has no independent claim.

The third party can be divided into two types: the third party with independent claim and the third party without independent claim. As the main body of economic litigation, the litigant's litigation behavior has great influence on economic litigation.

In case of contract disputes, first of all, in accordance with relevant regulations, if there is a dispute between the two parties, the problem can be solved through consultation.

If both parties can't reach an agreement, they can bring a lawsuit directly to the court. The court will solve the problem according to the actual situation between the two parties and finally perform it according to the judgment. If they think the court's decision is wrong, they can appeal again.

What's the difference between contract disputes and economic disputes? 2. Contract fraud

The crime of contract fraud, that is, the actor must make the other party fall into a mistake by fraudulent means, and therefore express his will, so as to sign or perform a contract with him; There is fraud. Fraud can be manifested in that the fraudster deliberately makes the other party fall into a mistake in some way, or it can be manifested in that the fraudster deliberately prevents the other party from making a mistake in some way;

It can be expressed as a positive way of doing things, and it can also be expressed as a way of deliberately not doing things for the sake of doing things; The deceived fell into a mistake because of fraud. The "mistakes" mentioned here refer to the defects in understanding the contents of the contract and other important situations.

For example, the inferior products are mistaken for high-quality products, the subject matter with major defects is mistaken for flawless, and the fraudster is mistaken for the ability to perform the contract. This kind of mistake must be caused by the fraudster's fraud, that is, there is a causal relationship between the victim's mistake and the fraudster's fraud;

The victim was deceived by his description and the samples he saw, and signed or performed a contract with him. Misunderstanding must be the direct cause of meaning expression.

Second, the economic contract disputes

Economic contract disputes refer to differences of opinion or disputes arising from the performance of obligations by both parties after signing an economic contract according to law. When there is a dispute over an economic contract, the parties concerned should first settle it through consultation in time, and both parties should seek a mutually acceptable solution on their own on the principle of mutual understanding and seeking truth from facts.

If both parties belong to the same competent department, they may also request the superior competent department for mediation. If the dispute cannot be settled through negotiation or mediation, or the parties are unwilling to settle it through negotiation or mediation, either party may apply to an arbitration institution with jurisdiction for arbitration according to a written arbitration agreement; If there is no written arbitration agreement, a lawsuit may be brought to a people's court with jurisdiction.

Third, the difference between contract fraud and economic contract disputes

(a) different in nature

Illegal acts are less harmful to society than crimes, but they violate general laws and regulations. Criminal behavior has serious social harm, is a serious illegal act, and will be punished by punishment.

Contract fraud violates both criminal law and general principles of civil law. This is a criminal offence with civil tort. The object of its infringement is the ownership of public and private property in the market management order, which will be punished by both criminal law and civil law. Economic contract disputes are civil violations that violate the general principles of civil law. It violates the rights of creditors and is only controlled by civil law.

As Professor Yang Lixin said, "This problem is a very difficult theoretical and practical problem. Theoretically, contract fraud is a criminal law issue, and economic disputes are civil law issues. " This is the essential difference between the two.

Different characteristics

At present, there are three views on the key to contract fraud:

1) Objectivism: It is believed that as long as the actor objectively signs an economic contract with the other party by fictional facts or concealing the truth, and illegally occupies the other party's property, it constitutes the crime of contract fraud.

2) Performance ability theory: It is considered that whether the actor has the ability to perform the contract when signing the contract is the key to distinguish the two.

3) Subjective aspect: Whether the actor subjectively has the purpose of illegally occupying other people's property.

What's the difference between contract disputes and economic disputes? 1. What are economic disputes and civil economic disputes?

1, what is an economic dispute?

Economic disputes, also known as economic disputes, refer to social disputes between equal subjects with economic rights and obligations as their content.

2. Classification of economic disputes

Economic contract dispute

For example: sales contract disputes, loan contract disputes, contract disputes, construction contract disputes, technical contract disputes and so on.

Economic infringement dispute

For example: intellectual property rights (patents, trademarks) infringement disputes, ownership infringement disputes, management rights infringement disputes and so on.

3. Contract disputes

Is the main part of economic disputes.

4, the main characteristics of economic disputes

Indicate the subject of the dispute

Diversification of dispute content

The category of civil ownership dispute

The solutions are diverse.

Second, the main points of proof in economic contract dispute cases

1, the original and photocopy of the submitted contract have written contract, but there are no supporting materials (such as correspondence, meeting minutes, audio-visual materials, etc.). ) can prove the establishment of an oral contract.

2. Both parties shall perform seals, samples and pictures. In the contract.

3. National standards, enterprise standards and business standards related to the disputed case.

4. Written reports and conclusions after audit, inspection, exploration and appraisal.

5, provide the performance of the contract or agreement information.

6. Provide the legal basis and original materials for the way of bearing liquidated damages and compensation.

7. Other evidence required by the court.