Legal advice: the village is not open, the villagers how to do?

December 10, 2012 to participate in the Handan Evening News Hotline Advisory lawyers, according to the sorting.

The village is not open, how should I do?

 

Readers: I was a farmer, our village land expropriation compensation, how much is the village collective remaining,The village cadres had never publicly, as villagers whether we have the right to know how many collective property? Have the right to request the public?

Lawyers answer: you as members of the collective have the right to know how and use of collective property, village cadre not disclosed the above information, in violation of the "Regulations of the people's Republic of China" and the "Village Committee Organization Law of village affairs in Hebei Province Ordinance", the village is not open or resorting to deception, you can report to township government and county government departments, regards the plot by the Department concerned shall be investigated for legal responsibility of relevant personnel.

The village committee to represent me to sign for the court to express?

Readers: I was a civil dispute in court proceedings, open after the court, the verdict is sent to my village, village cadres generation I sign a month to give me, give me more than the law of the appeal period, please sign for the village cadres, can produce legal effects on I?

Lawyers answer: mail delivery is one of the legal service, according to the relevant judicial interpretations of the Supreme People's court shall, in any of the following circumstances, the document shall be deemed to:1By sending, Master or statutory agent sign;2An agent ad litem, addressee sign;3The designated agent, addressee sign;4The addressee, adult relatives signed. In addition, because the recipient of the service providing incorrect address or address change not to inform the people's court, resulting in litigation documents not actual delivery date, documents are returned as a service. According to the above provisions, if you provide the address their accurate, village cadre is not for you to sign.

Driving license is lost during being "points", how to do?

Readers: my driving license is lost, re submit that were in different "points", I have not been to the "illegal", now my driving license is given a lot of, how to do?

Lawyers answer: driving license is given, the traffic control department of the public security administrative punishment for illegal driver, an administrative penalty shall follow the obligation of informing and listen to the person penalized complaints or excuse the statutory procedures, your driver's license is "production", in different places and illegal behavior is not your implementation, then the administrative penalties for you is not based on facts, you can bring an administrative reconsideration, the administrative organ to make punishment organ at a higher level, or to a people's court, requesting revocation.

The new civil procedure law, in case of emergency can apply for evidence preservation before litigation?

Readers: I was a civil dispute, to the court, is a crucial evidence is not in my hands and can not be achieved, recently learned that, the evidence is the risk of loss, excuse me, before the prosecution, I can through the court to obtain the evidence?

Lawyers answer: the current "Civil Procedure Law" no clear evidence preservation before litigation system, the newly revised "Civil Procedure Law" provisions, because of an emergency, the evidence may be lost or difficult to obtain later circumstances, can apply to the court for the evidence preservation, by the people's court for the evidence preservation measures, in order to prevent loss of or it is difficult to obtain evidence. The new "Civil Procedure Law" since the2013Years1Month1The date of promulgation.

The child to the other side to raise, I can with short children live?

Readers: I divorce with her husband, the child to the other side, the husband to all sorts of reasons to my kids, just have a look, I would like to ask a lawyer, I can be a short period of time the child taken away, and the children live together?

Lawyers answer: "marriage law" the thirty-eighth stipulation: does not directly bring up the children after divorce, the father or mother, have the right to visit the children, the other party has the obligation to assist. The exercise of the right of way, by the time the parties agreement, the agreement cannot be reached, the people's court. The marriage law stipulates the visitation right, also known as seeing each other right, is that after the divorce does not directly bring up the children's father or mother of a party to the underage children visit, contact, meeting, communication, short life right. The right contains no direct child rearing a short-term living together with their children's rights. So you have the right to live together with her short, only to see your husband, don't let you take the child is not in conformity with the law of.