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How many days of detention for civil disputes?
Detention caused by civil disputes is called administrative detention. This kind of behavior is less serious and less harmful to society, so it can be corrected and educated. Therefore, it has not yet risen to the point where criminal acts need criminal law regulation. Generally, it can be punished by public security management. Maximum administrative detention 15 days. If there are more than two kinds of violations of public security administration, they shall be decided separately and jointly executed, and the longest period shall not exceed 20 days.
The situations of civil disputes include but are not limited to the following situations:
1. Contract disputes: disputes arising during the performance of the contract, such as breach of contract, dissolution of the contract, modification of the contract, etc.
2. Tort disputes: disputes arising from infringement of the rights and interests of others, such as personal injury, property loss, reputation infringement, etc. ;
3. Inheritance disputes: disputes arising in the process of inheritance, such as the validity of wills, the ownership of inheritance rights, and the distribution of shares;
4. Labor disputes: disputes arising from labor relations between employers and employees, such as labor contract disputes and wage disputes;
5. Unjust enrichment disputes: disputes caused by the parties obtaining certain benefits under unfair circumstances, such as unfair competition and unjust enrichment;
6. Property disputes: disputes between owners and property management companies in the process of property management, such as property service quality and property fees;
7. Intellectual property disputes: disputes arising from infringement of intellectual property rights such as patents, trademarks and copyrights;
8. Divorce disputes: disputes such as property division and child support arising from the divorce of husband and wife.
The process of handling civil disputes is as follows:
1. Bring a lawsuit: the parties may bring a lawsuit to the people's court, fill in a complaint and submit relevant evidential materials;
2. Acceptance and filing: the people's court examines the complaint and decides whether to accept it or not, and files the case according to relevant laws and regulations;
3. Trial in court: The people's court organizes trial in court according to law, listens to the statements and debates of both parties, and carefully examines the evidence;
4. Judgment or mediation: The people's court makes a judgment or mediation agreement based on laws, facts and evidence to end the lawsuit;
5. Appeal or execution: If a party refuses to accept the judgment, he may appeal to the people's court at a higher level within the prescribed time limit; If the parties fail to perform the judgment or mediation agreement, they may apply to the people's court for compulsory execution.
To sum up, civil disputes refer to civil cases caused by civil legal relations and disputes between parties. Civil legal relationship refers to the rights and obligations of individuals, legal persons or other organizations arising from contracts, tort, property, marriage and family in civil activities.
Legal basis:
Article 61 of the Civil Procedure Law of People's Republic of China (PRC)
The parties and legal representatives may entrust one or two persons as agents ad litem.
The following persons may be entrusted as agents ad litem:
(1) Lawyers and grassroots legal service workers;
(2) Close relatives or staff members of the parties concerned;
(three) citizens recommended by the community, units and relevant social groups where the parties are located.
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