Nothing else to do, I will be last year's "Yangzi Evening News" "law on your side" column to partial legal problems do a summary, for learning to explore.

 

    In May 25, 2009, "Yangzi Evening News" A37 version -- the obligation to help people keep items stolen no responsibility

 

   1, Mr. Liu: I give their car to buy a glass insurance, last Sunday I parked the car in the downstairs, is playing the neighbors' children kick put broken glass. As neighbors by neighbors so negotiate compensation 500 yuan, not to pursue the responsibility of other. But the $500 are not completely compensate my loss, so I go to the insurance company claims, the result is a refusal. Excuse me, can I request the insurance company to pay insurance gold?
   Mr. Lee: China's "insurance law" the forty-sixth paragraph, after insurance accident happens, before the insured does not compensation insurance, the insured waives claim for indemnity against the third party rights, the insurer shall bear no obligation for indemnity. In this case, your neighbour, negotiation not to pursue the other responsibility is to give up the right to indemnity against the third party, therefore the insurance company may not undertake the responsibility to pay insurance gold.

   2, Mr. Rowe: my child is the class cadre in the school, the naughty students is my two months ago on the meal, then only skin injury. Now that the children feel uncomfortable, the conclusion of the inspection is due to that the injury is caused by beating, children are hospitalized. Excuse me, how can we claim? The school and the beatings children need to assume what responsibility?
   Mr. Lee: This is the case with the personal damage compensation, according to China's "general principles of civil law", "Supreme People's Court on the trial of personal injury compensation case applicable legal interpretation of several issues" provisions, several beatings child is infringement, should bear the responsibility for compensation. If several dozen children are minors under the age of eighteen, by his guardian shall bear the responsibility for compensation. If the relevant obligations within the scope the not causing personal injury to minors, or minors to his personal damage, it shall bear the liability for compensation according to his fault. Third people suffered minor personal tort causes damage, it shall bear the liability for compensation. The school is at fault, it shall bear the corresponding compensation liability. If the obligor to compensation with the joint intent or negligence, it shall bear joint and several liability. The period of limitation of actions in cases of personal injury compensation for one year, to Mr. Luo special attention.

 

   3, Mr. Wang: my friend for house decoration will he of the calligraphy and painting collection in my house, so I gave him custody, free of charge, then my home stolen, friends of the painting was stolen. Asked me to take the responsibility?
   Mr. Lee: according to the "contract law" during the custody of the people's Republic of China, the provisions of article 374th, by the safekeeping party caused the custody of property is damaged or lost, the safekeeping party shall be liable for damages, but the storage is provided for free, custodians prove the absence of gross negligence, it is not liable for damages. In the case of Wang Mou stolen that Wang had not significant negligence. Therefore, Wang Mou does not assume liability to pay compensation.

   4, she is a clothing brand dealers, then the agent a brand pay a deposit of 10000 yuanThis brand of clothing company, is the two individual partnership to open, then separate the two stem, and the property has been divided, one of them continue to operate the brand, another one for a brand to do, I don't do dealers now, the two portrait to kick a ball like says that deposit on the other a, let each other, whom should I be?
    Mr. Lee: according to what you said, some brand clothing company your agent belongs to the division of the company, namely derived separation, refers to the original company legal subject still exists, but will be part of its operations into another new company, according to the "contract law of the people's Republic of China" in article ninetieth, the parties entered into a contract after the merger, the legal person or other organization after merger shall exercise the contract rights, to perform its obligations under the contract. A contract is concluded after the separation of creditor and debtor, unless otherwise agreed, by the division of the legal person or other organization rights and obligations of the contract jointly claims, bear joint and several liability. At the same time, the "company law" provisions of article 177th, debts of the company prior to division of the company after the division shall bear joint and several liability. But, otherwise agreed in writing the company debt reached before the division and the creditors agreed otherwise. Accordingly, now this two brand clothing company shall bear joint and several liability, you have the right to request refund the deposit to any company.

 

   5, I plant sold to a machinery company equipment, the price is 120000 yuan, installment. In accordance with the contract, 2 at the end of this year to cope with second stage machinery company payment of 30000 yuan, but has not yet, my factory is very worried about other payment can not pay, can require the company to a one-time payment in full?
   Mr. Lee: China's "contract law" provisions of article 167th, the buyer payment of unpaid installments amount has reached 1/5 of the total price, the seller may require the buyer to pay the whole price or the termination of the contract. The seller terminates the contract, may request the buyer to pay the subject matter. According to you reflect the situation, machinery company owed 30000 yuan, has reached 1/4 of the total price, so you can according to the requirements of machinery company, a one-time payment of the full price, but also to the court to terminate the contract. You can choose for your company's favorable way to handle the matter according to the actual situation.

 

In June 3, 2009 two, "Yangzi Evening News" A36 version -- pregnant women is protected by contract has the right to renew

 

1,Ms. qian:I'm pregnant4Months, but my labor contract this year7Months, the company will not pregnant because I wouldn't I renew the contract yet, so I can't enjoy maternity leave. Excuse me, how can I do?
    Mr. Lee: "labor contract law" forty-fifth stipulation: the labor contract expires, the forty-second under one of the circumstances stipulated in the labor contract termination, shall be extended until the relevant circumstance disappears. Article forty-second Workers in any of the following circumstances, the employer may not terminate the labor contract in accordance with the provisions of law fortieth, article forty-first (four): female workers during pregnancy, childbirth, lactation;

According to your circumstances, the labor contract law stipulates female workers during pregnancy, childbirth, lactation, the employer shall not terminate the labor contract, the labor contract expires or even terminate the contract, must be a continuation of the original labor contract, wait a year until the end of lactation decided to renew the contract or the termination of the contract.

 

2Qin lady:Recently a developers without any land documents, he forced my relocation. Excuse me, developers such behavior is legal? He should have legal procedures which?
    Li lawyers: developers act is illegal. According to the "City Housing Demolition Management Regulations" provisions, the demolition of housing, the documents of approval, must hold the state of the plan and the scheme, put forward the application to the housing units departments of people's governments at or above the county level, approval and permit issued to housing units, before demolition. Housing units need to change the land use rights, land use rights must be made in accordance with the law.

   3,Mr. Rowe: I invested in a clothing business general partnership with a year ago, and now want to quit, I need to join a partnership enterprise before its own debt responsibility?
    Mr. Lee: according to the provisions of the second paragraph of "partnership enterprise law of the people's Republic of China" forty-fourth: the new partner on the pre partnership obligations shall bear unlimited joint and several liability. Therefore, your occupation before the debts of the enterprise shall be liable.

  4,Mr. Wang: I was a minor, the Public Security Bureau registration20Many days without treatment, yesterday, I went to the Public Security Bureau asked the circumstances of the case, the investigators told me the perpetrators have been detained, but I understand the perpetrators and not detained by. Excuse me, I want to settle this matter what to do as soon as possible?
    Mr. Lee: "the Ministry of public security, the public security organ shall apply the provisions of article sixth" criminal cases, public security organs in conducting criminal proceedings, to accept the legal supervision of people's procuratorate. The provisions of article seventh, the public security organs in conducting criminal proceedings, shall establish and improve the responsibility system, the internal supervision system misjudgments accountability system etc.. In criminal proceedings, public security organ at a higher level to the public security organs found lower decision or the handling of cases is wrong, have the right to cancel or change, can also lower the public security organs to correct instruction. Therefore, if this is the case you reflect the situation, can be reflected to the handling a case personnel unit or the superior entity legal, Discipline Department, also can reflect to the procuratorate supervision departments, urged the Public Security Bureau in accordance with the law.

 

In July 29, 2009 three, "Yangzi Evening News" -- the landlord tenant unilateral breach of contract without compensation decoration

1Mr. Liu: I, leased a blank room window, decoration used for business. Now the contract does not expire, because the business is not good, can not afford to pay rent. Now I want to lift the lease contract, the lessor may request the return of the decoration cost?

Mr. Lee: according to "the Jiangsu Provincial Higher People's Court on Several Issues concerning the trial of urban housing lease contract dispute cases opinions" provisions of article twenty-sixth, because the lessee default behavior led to housing lease contract,Lessors request lessee compensation for losses, the people's court shall support.The lessee to lessors to compensate the remaining lease period decoration residual, the people's court shall not support. So you can't afford to pay the rent of the default row based on cancelling the contract, not only there is no reason why the rental return renovation costs; on the contrary, lessor can also claim compensation for the losses to you. So I suggest you'd better consult and rental, request delay payment of rent.

 

2, Mr. Qian: there we wire frame is very low, often stolen. The first two do not have what problem, but the cut wire current return, cause we several user electrical burn. Now the thief has not caught, we claim to power supply company, was told that due to the loss of third people with no compensation, let us find the thief claims. Is this legal?

Mr. Lee: power supply equipment repair, anti-theft and prevent damage are the power company should have the obligation. If there is evidence that the power companies have certain fault for wire was stolen, it shall be liable for compensation in the fault degree. I think, according to the civil tort responsibility and fair stand in the consumer protection standpoint, the power company should compensate for the loss of users, and then to the thief recovery. Power companies can not because there is no fault of their own will allow users to claim to the thief.

 

3Ms. Wang: I, is married, is now ready to buy a house, 1629 all by my contribution. The husband agreed property belongs to the one of my all, but I'm worried that his children would New problems crop up unexpectedly. May I ask how can I do?

Mr. Lee: according to the "marriage law" provisions of article nineteenth, husband and wife can agree the property obtained during the existence of marriage and premarital property to all, common to all or part of their all, some common to all. The agreement shall be made in written form. Since your husband agreed property belongs to you, you can the ownership of the house were agreed in writing and notarization.

 

4,Mr. Liu: my brothers and the sister,2008Father died, leaving the house, the mother, the non segmentation, later this year, the death of his mother, my old claims is his house, and took out a notarization, the notary book records2008Mother will this set of housing grant him, excuse me, the notary effective? My three brothers and sisters also advocated inheriting the housing?
    Mr. Lee: the gift relationship first requirement is donative person will own all the legitimate property as gifts to others, after your father died, the house should be split half is your mother, the rest as heritage segmentation. Your mother will be the third house gift is unauthorized disposition, is pending validity, if your brother and sister three people do not endorse, mean that is invalid, according to "notary law" provisions of article thirty-ninth, people interested party, notarization notarial deed that is wrong, can put forward to the review issued by a notary public notary book the. Notarial content illegal or inconsistent with the facts, the notarial office shall revoke the certificate and make an announcement, and the notarial certificate invalid from the beginning; any other error, the notarial office shall correct. So, you can review it to a notary public notary, if the contents of the book is inconsistent with the facts, certificate revocation, you are brother and sister, can claim of inheritance of houses.

    5, Mr. Liu: I signed a contract with the sale of seafood hotel, I asked the hotel provides seafood contract agreed to pay the deposit, the hotel3Million yuan as established in terms of the contract, but, after the contract has been signed, the hotel did not pay the deposit, but I was to the hotel to provide regular seafood, later, I went to the hotel check-out, the hotel claims that the contract did not pay the deposit, the contract is not set up, don't give me the money, how should I do?
    Mr. Lee: according to the "interpretation of the guarantee law" provisions of article 116th, the parties agreed to pay the deposit as the main contract or elements, to pay a deposit of one party fails to pay the deposit, but the main contract is or has performed its main part, does not affect the establishment of main contract or the execution. According to what you said, between you and the hotel belongs to a deposit, the deposit is about to set up the guarantee contract and the contract of the deposit, the deposit contract, delivery, no delivery of the deposit, the contract is not true. However, the contract has been the actual performance, does not affect the establishment of the contract, so, you are legally valid contract with the hotel, the hotel should pay for your goods.

 

In August 5, 2009 four, "Yangzi Evening News" A39 version -- "signed the divorce agreement no formalities are not really divorced"

 

1, Ms. Meng: divorce my parents a few years ago, the court I live with my mother, my father pay a monthly fee of 500 yuan to the independent life so far. Now the mother laid off, every month only hundreds of pieces of the laid-off allowance. This year, I was admitted to the University, I asked my father to tuition, but father I have attained the age of 18 refused to pay. What he ought to pay my tuition? If he does not give it, can I apply for compulsory execution?

Mr. Lee: if you have grown and have the ability to work, so can't claim to be borne by your father alimony. According to the "marriage law of the people's Republic of China in twenty-first" the provisions of the second paragraph: "if parents fail to perform their duty, minor or dependent child, ask their parents to pay alimony obligations". Maintenance fees including living expenses, education expenses, medical expenses and other expenses. The Supreme People's court stated in the relevant judicial interpretations: "can't live independently" refers to is in an education of high school and below, or loss or not completely lost the ability to work for non subjective reasons can not maintain the normal life of adult children. This means that the child more than high school, is a selective parents pay upbringing, can not pay. Therefore, at this time of the child care expenses, lost the effectiveness of enforcement, can only be adjusted by the code of ethics. Actual law is taken into account as the adult college students can through work study programs, scholarships and student loans and other ways to get the tuition.

 

2, Mr. Wang: my father is a factory worker, the factory to the father of a set of two bedroom staff room. After my father died because of a traffic accident. My mother and I stayed on after a few years, the factory housing reform, the factory leaders say that none of us in the work in the factory, not to buy, do not let us live. A few years later, I heard people say that's not reasonable, can be used to deal with the legal way. I can now claim buy this house?

Mr. Lee: according to the provisions of the provisions of "Twelfth" city public housing management, "public housing tenant housing, tenant died within the term of lease, the living together for more than two years of family members are willing to continue to perform the original contract, can apply for to change procedures." Therefore, you continue to live a few years after the death of your father, so you the housing lease relationship continues to exist. Thirty-sixth the provisions of the rules, "sold a total of housing, housing a total of people have the right of first refusal. The sale of public housing rent, the lessee has the right of first refusal." Therefore, housing reform, you have the right to buy. But now has been for many years, the housing may have to buy, and you have the limitation of action, to buy the real is not possible.

 

3, Mr. Rowe: some time ago I due to traffic accidents caused by the other injuries, now the other side took a pile of invoice, receipt and let me bear the cost of his health. What I want to ask the medical expenses of the credentials include? The law is provided?

Mr. Lee: according to the "Regulations on certain issues concerning the application of law in the trial of personal injury compensation cases the interpretation of the Supreme People's court" article nineteenth: "medical expenses issued by medical institutions in accordance with medical expenses, hospitalization expenses and receipts, medical records and diagnosis combined with other relevant evidence to prove. The obligation of reparation for treatment of necessity and rationality of the object, shall bear the corresponding burden of proof." In the legal practice, in general, need to be formal invoices and medical records, diagnosis of disease hospitals to prove up evidence. That is to say, on the one hand to prove how much it costs to the medical expenses, on the other hand to show that the expenses for me (not likely others) specific disease (necessity, to justify spending rather than drug abuse) expenditure.

 

4, Ms. Zhang: we love after marriage was not good, after the two sides agreed to divorce and filed for divorce. The man agreed to pay economic compensation and I signed the agreement. Due to various reasons, we do not go to handle divorce formalities. We ask the divorce agreement legally effective?

Mr. Lee: only valid to the divorce agreement to the marriage registration department a party of men and women are completing the agreement divorce, and obtained the certificate of divorce, the divorce agreement to take effect. So, you and your husband divorce agreement is effective but not the entry into force of the agreement. If you insist on divorce, divorce agreement should be held and your husband go to handle divorce formalities, to obtain a divorce certificate.

 

In October 10, 2009 five, "Yangzi Evening News" - a friend borrowed money to gamble, this is gambling debts?

   1, Mr. Zhang: I signed the rental contract with the landlord, for business, the contract is valid until December 31, 2010, the house was included in the scope of government buildings. Excuse me, as lessee how to safeguard their rights, I can get what compensation?

   Mr. Lee: "Regulations" City Housing Units management twenty-seventh stipulates: "the demolition of rental housing, housing tenant was taken with the lifting of the lease relationship, or who were residents of a housing tenant placement, removal of people who were relocated compensation. Housing tenant was taken with the lifting of the lease relationship no agreement, residents should be relocated to the housing property exchange. Housing units were removed from the original lessee, the demolition should sign a new lease contract with the housing the original lessee." That is to say, the lessee can and the lifting of the lease relationship, also can ask the owner to continue to perform the rental housing units in the rearThe contractIf asked to continue to fulfill the leaseThe contractThe demolition, must to be taken for housing property transfer, the property housing units are leased by the original lessee, but must be with the original owner to a housing leaseThe contract. The lessee may claim compensation to the demolition project as follows: temporary resettlement relocation allowance, temporary resettlement grants, the transition period after the expiration of increased subsidies, loss of business costs.

 

   2, Ms. Wang: I'm going to get married, but marriage husband decided to make a property, whether before or after marriage property are common to all, and offered to divorce party shall pay the other party 100000 yuan compensation. Do not know if this agreement is valid or not?

   Mr. Lee: "marriage law of the people's Republic of China" nineteenth stipulation: "husband and wife can agree the property obtained during the existence of marriage and premarital property to all, common to all or part of their all, some common to all. The agreement shall be made in written form. No agreement or the agreement is not clear, this Law shall apply to Article seventeenth, article eighteenth. Agreement obtained during the existence of marriage and the property of premarital property, is binding on both parties." But you agreed "offered divorce party shall pay the other party 100000 yuan compensation for you" is the true meaning, and agreed not to circumvent the law, violating social, national, the legitimate rights and interests of others, is a legitimate and effective.

 

   3, Mr. Liu: I have a friend who often gambling, he is asking me for money to build a house, has not yet. Later I asked him when he said the money for gambling, gambling debt is not protected by law. Excuse me, my debt right can be protected by law?

   Mr. Lee: from a legal sense, between you and a friend is folk lending relationship. According to the "general rules of the civil law" stipulates that the ninetieth "Legitimate loan relationships are protected by law". This article identifies as long as the lender and the borrower in the implementation of contract, alteration and termination of borrowing behavior, in accordance with the law in the form and content, the state of the creditor's legitimate rights and interests protected by law. The Supreme People's court "about people's court lending case several opinions" provisions of article eleventh: "lenders that borrowers to engage in illegal activities and borrowing, the lending relationship is not protected." As you reflect the situation, you do not know your friend is to lend to gambling this illegal activity and borrowing, thus lending relationship shall be protected by law between you.

 

   4, Mr. Song: I am the rural household, the village also gave me the contracted land. But recently the village to recover my contract, reason is I go out to work, income, secure life, should not enjoy the treatment of villagers. Excuse me the village is a basis?

   Mr. Lee: according to the "rural land contract law" the fifth stipulation: "members of the rural collective economic organizations shall have the right to contract by the collective economic organizations of the rural land, and no organization or individual may illegally restrict deprivation and members of the rural collective economic organizations of the contracted land rights." The provisions of article twenty-sixth "within the duration of the contract, the employer may not take back the contracted land." To take back the contracted land conditions, "rural land contract law" twenty-sixth paragraph second of the corresponding conditions, i.e. within the duration of the contract the contractor moved into districts of the city, into non-agricultural accounts, should be cultivated grassland contract to teach to the contractor. The Contractor shall not return, the employer may take back the contracted land and grassland. In addition to this law has not stipulated the other cases the employer take back the contracted land. Therefore according to the present legal provisions in China, the village committee as the employer not to have income from the land to recover.

 

In January 19, 2010 six, "Yangzi Evening News" A48 version -- father debt son also have no legal basis

   1, Ms. Zhang: I am 50 years old, soon retired, working in the unit for more than twenty years. Heart uncomfortable recently, the doctor said hospitalization for half a year. But the unit leadership if hospitalized, I post you'll be back to work for, there is No. I want to go to the treatment and were afraid of losing their jobs, what should I do?

   Mr. Lee: medical treatment period, the employer shall not terminate the labor contract at. According to the original labor department "enterprise workers Yingongfushang illness or health of the provisions" the third regulation, the worker can according to one's working life and enjoy some medical treatment in the units of work experience. Are you working in this factory for 20 years, should enjoy health twenty-four months period in accordance with the law. But to remind you to rest with the hospital to prove that the unit to perform the procedure of taking a leave. According to the "labor contract law" the fortieth regulation, any of the following circumstances, the employer thirty days in advance written notice to the worker or extra to pay workers a month's wages, can remove labor contract: (a) the employee is sick or non work related injury in the negative, after the set period of medical care can not engage in the original work, can not be engaged in be arranged by the employing unit of work. So you in the medical term expires, unless the law case, the employer shall not terminate the labor contract with you.

 

   2, Mr. Wang: I live in a 90's housing, housing disrepair, bathrooms seepage to the four floor, downstairs neighbors have repeatedly to claim. I asked the landlord reflect, the landlord said to be my responsibility, ignore. Excuse me, whether I should bear the responsibility for compensation?

   Mr. Lee: according to the law, the lessor has the obligation of safety guarantee for rental housing, the lessor shall perform the obligations of maintenance and repair of the lease item. As long as the tenant not destroy the structure of the housing, the rental house has a problem, should the landlord liability.

 

   3, Mr. Zhao: my son in school physical education classes during a child without down injured, hospital after more than a month, spent ten thousand yuan of medical expenses. According to the other children, when the teacher is not present, afterwards the teacher did not send their children to the hospital. I repeatedly with the school and the other parents fruitless negotiations, would you please tell me how to do?

   Mr. Lee: "the Supreme People's Court on the trial of personal injury compensation case applicable legal interpretation" provisions of article seventh: minors according to law has the education, management, protection of the obligations of schools, kindergartens and other educational institutions, is not within the scope of duties which Guan Yiwu minor to suffer from a personal injury, or caused by minors his personal damage, it shall bear the liability for compensation according to his fault. Remind you of the body by the period of limitation of action to hurt demand compensation for one year, you can in the name of your son's the perpetrators and the school as co defendant, claim for compensation.

 

   4, Mr. Liu: a set of house parents, no will after the death of my father, mother, the house has lived. Some time ago the mother died, leaving a will say his house with my sister, we two brothers and sisters. I want to ask whether I have the right to inherit the father's property?

   Mr. Lee: according to the "law of succession" and "marriage law" the relevant provisions, this house for your parents the joint property of husband and wife, your father died, half of the property belonging to the father should be the heritage by the heir of your mother, your sister and your successor 1/3. Your mother died, the will to dispose of their own property, but for your father's heritage sanctions but belongs to the unauthorized disposition, so you can still claim inherits from his father.

 

   5, Mr. Huang: my father owed a lot of money on the outside, and now his father disappear without a trace, creditors often stuck in my family to pay back my money. Friends advice let me go to the newspaper and father away from the relationship between father and son, "the father of debt also not", excuse me this way?

   Mr. Lee: first, "the father debt son also" no legal basis. Borrowing your father should be borne by your parents the joint property of husband and wife to pay, of course, if you are willing to take on debt, the law also does not prohibit. Unless your father died, you don't give up the case of succession, you should bear the repayment in succession within the scope of responsibility; second, family relationship is the social relationship based on blood relationship, the newspaper away, neither have legal effectiveness, does not alter the blood on the edge of the facts.

 

In April 8, 2010 seven, "Yangzi Evening News" A44 version or a house to return a house will not get the support of the court

 

   1, Ms. Wang: I'm getting married in 1991, at that time did not apply for a marriage license, and now want to divorce, I would like to ask how the divorce?

   Mr. Lee: according to "the Supreme People's Court on the application of < > some of the people's Republic of China marriage law issues of interpretation (a)" the provisions of article fifth, not eighth of the marriage law stipulates to apply for marriage registration and live together as husband and wife sex, the prosecution to the people's court for divorce, should be treated differently: 1 the Ministry of civil affairs in February 1, 1994, "marriage registration regulations" promulgated before, both men and women have been in line with the substantial conditions of marriage, according to the factual marriage processing 2 implementation; the Ministry of civil affairs in February 1, 1994, "marriage registration regulations" promulgated after, both men and women meet the substantial conditions of marriage, the people's court shall inform the admissibility of the case before the re marriage registration; no re registration of marriage, cohabitation relationship at. According to your situation, if you get married when meet the essential requirements for marriage, it belongs to the factual marriage, you can sue to the court for a divorce.

 

   2, Mr. Zhang: some time ago I to Wang Mou borrows money 20000 yuan, and issue an IOU, then by Huang for me to provide security, and in the IOU to sponsor identity sign, but no agreement by way of security. Now Wang by Huang for the plaintiff, asked him to assume responsibility for security, the court will I also added as a co defendant, ask whether the court can Wang not to sue my case, I will for an additional CO defendants?

   Mr. Lee: court can take you for an additional CO defendant. According to the Supreme People's court "on the application of 'problems of Civil Procedure Law of the PRC' opinions" provisions of article fifty-third, the guarantee contract lawsuit, the creditor to the grantor and grantee also claims rights, the people's court shall grantor and grantee as a co defendant; creditors only prosecution the guarantor, in addition to ensure the contract clearly agreed the guarantor to assume joint liability, the people's court shall notify the warrantee as a co defendant in the lawsuit; prosecution is the guarantee creditor only, can only be guarantor for the column. Because of your bill does not explicitly agreed by the parties shall bear joint and several liability, Li to your debt so, court shall participate in the proceedings as co defendants you supplement.

 

   3, Ms Zhao: a few days ago I was in a restaurant meal package accidentally stolen. The Wallet ID card and so on the bag, then asked its staff to look for help but was refused, saying there is no responsibility. Later I heard snatches the package in the hotel loss happens, their staff all know criminals, but did not take any preventive measures and warning. Excuse me I'm spending in the hotel, they have a responsibility to protect my property and personal safety?
   Mr. Lee: according to the "Regulations on certain issues concerning the application of law in the trial of personal injury compensation cases the interpretation of" the sixth Supreme People's court, accommodation, catering, entertainment, engaged in business activities or other social activities of the natural person, legal person, other organization, not reasonable limit within the scope of the security obligations and causes others to suffer personal injury, the right to compensation for the bear corresponding liability for compensation, the people's court shall support. Due to the third party infringement damage occurs, the implementation of the infringement of third party liability. The obligation of safety guarantee is at fault, it shall bear the corresponding supplementary liability in its ability to prevent or stop damage. Security obligations of responsibility, can claim compensation from the third person. The right to compensation prosecution of security obligations, should be third people as the co defendant, but the third person cannot be determined except. If you provide packet bag happen often, their staff all know the criminal evidence, you can not completely reasonable limit within the scope of the obligation for security, sued to the court, asked for compensation.

 

   4, Ms. Gao: at the end of last year, I bought a set of commercial housing. And now we are in the same building houses, developers are selling the same house, now the price is much cheaper than before. We feel very lost, can we take unfair to request return a house do?

   Mr. Lee: can check out the key to see the purchase contract between you and the developers agreed. For example, the housing sales in the duration of the price is not growth or negative growth can be agreed to return a house purchase contract, of course you can request return a house. But in reality, basically no developers willing to sign the contract. According to "the Supreme People's Court on the trial of cases of disputes over the sale of commercial housing judicial interpretation", only when the quality problems of the main structure of the housing quality problems occur, or non main structure affects owners living conditions, or the contract and other check-out condition is satisfied, the owners can return a house. Falling house prices is obviously not a statutory or agreed to return a house conditions. Legally speaking, you and the developers of the original contract is the true meaning of the expression, the legal respect your contract, now can not price changes that the original agreement is not fair. On the contrary, if because many developers for return a house price growth, the court must not support. This is the legal guarantee of your fair.

 

In April 26, 2010 eight, "Yangzi Evening News" A41 version "resign to pay liquidated damages that violate the provisions of labor law"

    1, Mr. Peng: I before graduation and a unit signed a labor contract, agreed to work for 3 years, now I'm a graduate student, want to terminate the contract to go to school, but to negotiate with the unit, the unit has let me in accordance with the contract agreed to pay liquidated damages fifty thousand yuan, what do I need to pay liquidated damages?

   Mr. Lee: you do not need to pay liquidated damages, contract workers to pay liquidated damages agreement is invalid. China's "labor contract law" twenty-fifth stipulates: "in addition to the twenty-second article of this Law and the provisions of article twenty-third of the cases, employers and workers may not be agreed to by the workers bear the penalty." The provisions of article two let workers bear the penalty situation means: employer provides special training expenses for workers, the professional and technical training; to business secrets, units of intellectual property rights and other related secrets, the employer and the employee signed the competition restriction provisions, and personnel constraints in the senior management personnel of the employing unit, senior technicians and other personnel under the obligation of confidentiality. And you obviously do not belong to the above two kinds of situations, so you only need to perform 30 days prior written notice to the employer's obligations (the probation period, then 3 days in advance of any oral or written notice to the employing unit, and unit) can terminate the labor contract.

 

  2, Ms. Li: a few days ago, I took my daughter to the park. Daughter playing time to swing the rope broke, daughter of the fall of the fall. Park only assume the wound treatment costs, but the costs incurred shall not be responsible for. I would like to ask: if I can claim compensation for economic loss due to child injured?

   Mr. Lee: according to "the Supreme People's Court on the trial of personal injury compensation case applicable legal interpretation" sixth stipulates: "in the accommodation, catering, entertainment and other business activities or other social activities of the natural person, legal person, other organization, not reasonable limit within the scope of the security obligation and causes personal injury suffered by others the right to compensation request, the bear corresponding liability for compensation, the people's court shall support." The park has to protect tourists in the process of personal safety in the park's obligations, such as regular inspection of park facilities are good, repair the damaged facilities. As the guardian of the child, you have the right to request compensation due to park kid injured later medical fees, nursing fees, nutritional expenses.