The difference between filing a case and retaining a lien is as follows:
1. Establishing a case means that the public security, judicial organs and other administrative law enforcement agencies will collect materials such as reports, accusations, reports, surrenders, and prosecutions by private prosecutors. , after reviewing according to their respective jurisdictions, decide to investigate or try it as a case. The first condition for filing a case is that there should be criminal facts. If there are no criminal facts, the case cannot be filed;
2. The meaning of lien. Legal lien is the compulsory measure taken by the supervisory authority against the person under investigation. The person under investigation will A person is left in a specific place.
Legal basis: Article 44 of the "Supervision Law of the People's Republic of China"
After taking detention measures against the person under investigation, the person under investigation shall be detained within 24 hours. The unit and family members of the detained person will be notified, except for circumstances that may hinder the investigation, such as destroying or fabricating evidence, interfering with witness testimony, or colluding with confessions, etc. After the circumstances that hinder the investigation disappear, the unit and family members of the detained person should be notified immediately; the supervisory authority should ensure the food, rest and safety of the detained person, and provide medical services. The interrogation time and duration of the detained person shall be reasonably arranged, and the interrogation transcript shall be read and signed by the interrogated person; if the detained person is suspected of committing a crime and transferred to a judicial authority, and is sentenced to public surveillance, criminal detention, or fixed-term imprisonment in accordance with the law, one day of detention shall be deducted as a credit for the detention. Two days shall be equivalent to one day of criminal detention or fixed-term imprisonment.
What is the difference between lien and lien?
1. The conditions for establishment are different. It is established based on the consensus of both parties = and the right of lien is directly stipulated by law;
2. The conditions for possession are different. Although both require the possession and transfer of the collateral, the possession of the pledge is transferred when it is created. There is no prior possession relationship between the collateral and the creditor = while the creditor's right of lien has a legal relationship with the collateral in advance. implicated in. That is, the creditor's prior possession is a prerequisite for the establishment of a lien;
3. The objects of legal relationships are different. The subject of the pledge includes movables and property rights = while the subject of the lien is only movables;
4. The realization of rights is different. The right of pledge can be exercised as a matter of course when the creditor's right has reached the repayment period but has not been repaid. However, when the right of lien has reached the repayment period but has not been repaid, the right of lien must also be implemented according to the procedures prescribed by law. ;
5. Eliminate differences. The pledge will not be extinguished when the debtor provides another guarantee = while the lien will be extinguished when the debtor provides another guarantee.