Xu Xin: for a long time, received a large number of legal advice and help, unable to answer all of or concern. After careful consideration, the establishment of the platform. At present, the legal professional volunteer has begun to take shape, to provide free legal advice to the public, and according to the specific circumstances, to provide legal aid to have serious difficulties in the weak obligation.

The consultant, please add Micro message: mycase/ cases, or scan the two-dimensional code

 

As of May 23, 2013, has been the answer to the 310 legal consultation.

"Major" legal aid Micro message platform Q & a record (fifteen) http://blog.sina.com.cn/s/blog_656952ec0101msyb.html

@ CASE @ Zhou Minghai @. Major Sun Jianzhong @ major - Li Lvshui - Cao Yan - Luo Qiang major major major major @ - Gao Jichao - Zhou Shishu - Zhang Tingyuan - Luo Xingkun major major major major @ @ - Zhu Wenliu - Wei Liujing - Cai Shengqi - Li Yajie major major major Wang Jingbin @

 

"Major" legal aid Micro message platform Q & a record (a)

(2013Years3Month26To3Month31Day)

 

 

 

 

1, q:The crime of intentional homicide Is it right? Result crime?

Answer: the crime of intentional homicide is the behavior crime, because the elements of the crime of intentional homicide is there and the implementation of the act of killing, if the crime preparation stage is to stop or subjective to stop the behavior, for attempted murder or homicide suspended, so the crime of intentional homicide is a behavioral offense. (Cao Yan, Sina micro-blog@May you be this tender world)

 

 

2, q:Equity either side of all the companies in the interests of shareholders value-added part of marriage is integral to the joint property of husband and wife?

Answer: in principle does not belong to the common property. But the other side of the fruits or value-added income contribution, can be identified as the joint property of husband and wife. According to the "three judicial interpretation of" sixth of one of the spouses in the marriage of personal property accrued or value-added benefits, shall be deemed to be a party of personal property;But the other side of the fruits or value-added income contribution, can be identified as the joint property of husband and wife. (Cao Yan, Sina micro-blog@May you be this tender world)

 

3Ask: the contract invalid situation

Answer: according to the "contract law" article fifty-second in any of the following circumstances, the contract invalid:

(a) a party to fraud, duress, damage the interests of the state;

(two) the malicious collusion, damage the interests of the state, the collective or the third person;

(three) in the form of legal cover up illegal purpose;

(four) harm the social and public interests;

(five) the violation of mandatory rules of law, administrative regulations (Cao Yan, Sina micro-blog@May you be this tender world)

 

 

4, q:Hello  My parents bought a piece of land in the countryside  To build a house  The sale of land legal

Answer:1Rural land can not be traded freely. The rural collective organizations, only the right to land contractual management.

2The subject matter of the contract, the sale of land, rural person or rural collective organizations have no right to sell.

3Contracts of sale. (Chongqing lawyer Zhang Tingyuan, Sina micro-blog@Zhang Tingyuan lawyers)

 

 

5, Q: I am a mall sales staff, the company was dispatched to the WAL-MART store to buy Promotional activities, but the first day of work, by the store manager saw the work time handling of goods on the top shelf no hats, he put me out of his door shop, and now we electric company here again no shop arrangement, I can only at home waiting list, but my dad is also waiting for me to give him money to his treatment of cataract, how do you say I should do now? I also want to go to the store, business is very good! But the manager is a Taiwanese, (formerly the trust Mart turned manager) will not give a chance, I dare not to complicate things! How do you say I ah? These migrant workers, a word is out

Answer:1Labor relations, you should be at the mall, WAL-MART stores and you work the mall is the business relationship

2WAL-MART stores, the illegal labor security reasons clean you out of no fault

3Labor relations, there are shopping malls to communicate with you, to arrange the work.

4Another occupation. (Chongqing lawyer Zhang Tingyuan, Sina micro-blog@Zhang Tingyuan lawyers)

 

 

6Administrative enforcement, ask: is a specific administrative act it

Answer:1Is a specific administrative act, administrative enforcement. Such as: compulsory detoxification forced isolation.

2, was forced to consider the compulsory administrative law, may bring an administrative lawsuit. (Chongqing lawyer Zhang Tingyuan, Sina micro-blog@Zhang Tingyuan lawyers)

 

 

7, Q: I would like to ask the next, civil case retrial, the retrial review how to understand or query

Answer:1The application for retrial, civil cases, people's court should be issued in the case acceptance notice (General Court Management)

2The decision of a people's court, after the retrial, the retrial ruling or decision.

3Above all, to the people's court inquiry. (Chongqing lawyer Zhang Tingyuan, Sina micro-blog@Zhang Tingyuan lawyers)

 

 

8,Q: I support my parents, property permits to write my brother's name

Answer: China's "marriage law" article21Regulation: children have the duty to support and assist their parents. According to the regulations China support of the elderly: parents cannot be conditional on "household division". Is a legal obligation of children to support their parents, without my parents have no property, whether the home and family influence whether fair. (Wang Zhen, Sina micro-blog@The most basic cold)

 

 

9Q: Recently, the Mobile Corporation, without our knowing my kids, in the bedroom next door, built a small base station of mobile, I want to ask, our country have provisions on base station radiation, whom should I

Answer: the State Environmental Protection Administration, the Ministry of Health issued a "public exposure derived limit" and "environmental electromagnetic wave allowing the radiation intensity grading standards" two main technical standards, and promulgated the "electromagnetic radiation protection regulations", "electromagnetic environment health standards," the two technology standards. "Regulations" in the electromagnetic radiation protection12v/mStandard, according to official data values in the mobile radiation1.5--2.5V/MThe radiation is very small, it! You can go to consult the local environmental protection bureau! (Wang Zhen, Sina micro-blog@The most basic cold)

 

 

10Ask: Excuse me, why in the processing contract agreed in the contract to perform better than the actual performance, but in the purchase and sale contract but instead??

Answer: the Supreme People's Court on the jurisdiction in cases of disputes over economic determine how to determine the purchase and sale contract provisions specified in the:1, the parties in the contract clearly agreed performance place, agreed to the place of performance for the performance of the contract.2The parties, the place of performance was not clearly stipulated in the contract, agreed to the place of delivery for the performance of the contract. 　3The parties in the contract on the place of performance, the place of delivery is not agreed or the agreement is not clear, or although have agreed but not the actual delivery of the goods, and both parties domicile are not agreed in the contract is performed, and oral purchase and sale contract dispute cases, are not performing to determine jurisdiction. In addition "on the application(The provisions of the Civil Procedure Law of the people's Republic of China "several opinions" problem can be seen, jurisdictional disputes lawsuit caused by the legal relationship between the purchase and sale contract,Is shifted to the purchase and sale of the subject matter of the contract(That is the place of delivery)For the performance of the contract,Processing contracts are completed by the contractor contract(Results of the work)The behavior for the performance of the contract,Rather than on the delivery of the work product(Place of delivery)To determine the performance of the. (Wang Zhen, Sina micro-blog@The most basic cold)

 

 

 

11Q:, pending valid contract situation

Answer: the pending case of validity of contract: there are three cases (1) limit the capacity of people to implement beyond its capacity contract.(2) a contract (unauthorized agency behavior3) by unauthorized disposition contract

Wei Liujing.

 

 

12Ask: Hello! I did a stupid thing, I do not know how to get good solutions, for help!2011Years in the trust and support of old employees entrepreneurship, my Shanghai company stock value about ten million of the goods and trademark transferred to the employee as shareholder Beijing company set up, the agreement only agreed to the about ten million payment by the Beijing company, three years to pay my monthly, and provide financial and inventory report. At the time of the old employees trust, the agreement provides only if they do not pay on time, cancel the agreement, to recover the remaining goods, agreement not to do too much protection. But they are in2012Years only pay me the first payment, then refused to pay, do not answer the phone, do not return messages. It is understood, they took my inventory goods transferred to Xiamen, they have good sales situation (as last year sales2Million turnover), it should pay my money transfer to Xiamen opened factories (associated with corporate and shareholder and company of Beijing), the production of trademark products belonged to me and another company (although the agreement between me, my company's trademark belongs to the other person's trademark is transferred to him, but they are not paid trademark transfer section of the case cover with others steal my company's seal and formalities). Are now facing the problem is only to prosecute them in Beijing, and protocol basically did not approach them, even if the win is not necessarily the execution, please introduce what Beijing has the strength of the firm? Or what additional point? Thank?!

Answer: Hello, according to what you said, the other is in accordance with the contract, and not what violations, since you have made the decision, also don't regret, to negotiate a settlement~ ~Or in accordance with the agreement is good~ ~Don't consult a lawyer, they can not help you what. (legal clinic of Beijing Institute of Technology Yu Haodong)

 

 

13Ask: Excuse me, according to labor law, four gold by the employment of the company is responsible to pay, but now only check the pension and provident fund,I found the pension and provident fund to pay the unit was not the same,Consultation with the company's human resources department, said the group of such provisions, the whole group of people are doing is legal. Usually there are many abnormal phenomena -- in the company compensation, many strange face will appear around me,Because it is a group company, involves many branch,The present situation is in12333Check the pensionAThe unit, and the provident fund website to check the payment unitBCompany,I engage in information system management,The present situation is in12333Check the pensionAThe unit, and the provident fund website to check the payment unitBCompany,I engage in information system management,The company also relates to the use of information technology, the problem of tort,The two unit is a group company

Answer: Hello, you can complaint to the local labor supervision departments, to seek help. (legal clinic of Beijing Institute of Technology Yu Haodong)

 

 

14, q:Hello. A friend with his ex-wife in97Years of divorce. Some time ago to clean up the goods found a purchase not divorce before the name of a company to his ex-wife is primitive, first calculated value million. I would like to ask the man how to get their own part? If the wife does not cooperate? Thank you.

Answer: according to China's "marriage law" article eighteenth (a) hereof, Party premarital property belonging to a party to the husband and wife property, so first of all to see the original stock Is it right? Her premarital purchased; secondly, the judicial interpretation of the two stipulates that the Eleventh "during the marriage relationship, one party to personal property investment gains, the joint property of husband and wife", so to see is not marriage she buy, if it is, then he can sue to the court for a split in half, if belong to the first case, so he has no right to segmentation. (legal clinic of Beijing Institute of Technology Yu Haodong)

 

 

15, q:My work unit at work5Years after the collapse, find new jobs to pay social security, found it5Years not only unit not handed over, also do not have even that part of me. To find the local labor arbitration they matter, mayor mailbox directly said this thing they know, but don't tube. I am in trouble now. Now the company did not give me to pay insurance, sign formal labor contract. I like in the original unit30People. Some retired because of social security personnel can not retire. Very helpless.

Answer: Hello, thank you for the closure of the company pension arrears, how individuals continued payment advice!

Your company has been closed, but I do not know whether your company originally declared premium paid base? Declaration to what time? Declare a few people? These circumstances, we do not know, therefore, not give you the accurate solution. But you can provide the following processing method, for you to choose:

1, if your company has been a normal declared premium paid base, we recommend that you go to the city Bureau of social security fund financial department Department query of arrears, to provide a solution for you

2, if your company fails to declare the base pay, we recommend that you go to the City Social Security Bureau Department of consultation to resolve the declaration approved.

Do not know that you are satisfied, if you have any other questions please feel free to contact. (legal clinic of Beijing Institute of Technology Yu Haodong)

 

 

16, q:I have a piece of land, rural.2000Will the leased to a private (Zhou) built gas station, according to the contents of the contract, will be an acre of land667A square)For Zhou, a50Years. Provisions of the geographic range. Among them, the boss numerous people. This year the gas station is Sinopec acquisition, into a state. Excuse me, can I request compensation? If still in50Years of the contract period, has nothing to do with me, so50Years later, I will come back? Thank you.

Answer: Hello, may request compensation, according to China's "property law" article42Article2Paragraph: the expropriation of collectively owned land, shall make full payment of land compensation fees, resettlement fees, ground attachments and young crops compensation fee, arrangements for land expropriated farmers social security costs, guarantee farmers life, maintain the lawful rights and interests of farmers by land. Therefore, your land belongs to the collective land expropriation, it can obtain the national compensation.50Years is not a circle, and now the country has levied in your land, so it doesn't matter and contract. (legal clinic of Beijing Institute of Technology Yu Haodong)

 

 

17, q:My home is in Jieyang, Guangdong, I study in Chaozhou, in Chaozhou here introduced by classmates, for a "mountain of Nantong-Rongjiang bus pass "card (Rongjiang is the Jieyang special sign), by the way here in Chaozhou is full of50Yuan (minimum) invoice marked "Ling Nantong-Han Jiangtong ("the Hanjiang River is the symbol of Chaozhou) didn't feel what, but when the credit card, the bus in Jieyang says not to brush, because in Jieyang didn't charge money, but not before that!Only in Chaozhou brush. I would like to ask: This is to deceive consumers do?Also, charge money when he required must be filled50Multiple, reasonable?The Jieyang would like to use, this can only be used in Chaozhou, and I how to safeguard their rights

Answer: Hello, you can first find dial12315Find consumer association complaints, have a look what they have a good way to help you~ ~Chong50The multiple is the provisions of his company, not violations. (legal clinic of Beijing Institute of Technology Yu Haodong)

Disclaimer: this Micro message platform to answer on behalf of the respondents, personal point of view, for advisory reference

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For a long time, received a large number of legal advice and help, unable to answer all of or concern 

After careful consideration, the establishment of the platform

At present, the legal professional volunteer has begun to take shape

To provide free legal advice to the public, and according to the specific situation

To provide legal aid to have serious difficulties in the weak obligation.

The consultant, please addMicro message:Mycase/Major, or scan the two-dimensional code