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
This is the answer of 291st to 310th legal consultation

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

 

 Thank you for your trust and consulting! According to the information provided, combined with China's relevant laws and regulations, this paper answer is as follows:

 

 

291, Q: my express is in the company got lost in the post, value266Element, have in the company documents, they do not compensate, can mention lawsuit?

Answer: according to the162A, bid for the provinces, autonomous regions, municipalities directly under the central government last year's annual average wage of employees in thirty percent the following, can implement simple programSmall claims. If you want to bring a lawsuit, can inquire about the relevant data about the region, to determine whether you want to appeal to the subject belongs to the scope of. (law student Pan Liuyi)

292Ask: Excuse me, know, a group of people to teach B, and for this group of people drive. This group of people playing B was left in the car. Results this group will b killed, what would constitute a crime, about sentencing? That car is borrowed unwitting friends, can to back? Thank you.

Answer:1, according to your description, combined with the relevant provisions of the criminal law, a knowing that others to commit a crime, and assisting others to commit a crime, common crime belongs to the in thing, so it may constitute a crime, constitute what crime to this group of people planned stages of subjective content. If the crowd attempted just beating or harm the victim, although the process of the implementation of damage, the victim is killed, but the crowd behavior is beyond the scope of a joint intention, as an accomplice may constitute the crime of intentional injury. If these people go on stage to cause the death of the victim. If, due to the death of the victim actually led to the consequences, it may constitute the crime of intentional homicide.
2The sentencing guidelines, the crime of intentional injury, is less than three years imprisonment, criminal detention or control. Causing serious injury, three years and ten years in prison, causing death or by especially cruel means that lead to serious injuries resulting in severe disability, ten years imprisonment, life imprisonment or death. The crime of intentional homicide sentencing provisions are: the death penalty, life imprisonment, or for more than ten years in prison, if the circumstances are relatively minor, three to ten years in prison.
3Because the vehicle may, as the case may be used in evidence, to prove the criminal suspect guilty, the investigation organ will normally be seized; according to the provisions of the criminal procedure law, the public security organs, people's Procuratorate and the people's court for property and interests of criminal suspects and defendants, seizure, freezing, shall be properly kept, for verification. Any unit or individual shall not be misappropriated or dispose of. The lawful property of the victim shall be returned without delay. Prohibited articles and perishable goods, shall be disposed of in accordance with the relevant provisions of the state. After the people's Court of the verdict, the stolen money was seized, frozen and its fruits, besides, to be returned to the victim shall be confiscated, turned over to the state treasury. Therefore, the vehicle may with the criminal case, the final vehicle belonging to the people's court judgments prevail. (Gao Jichao, Sina micro-blog@First law)

293Q: my mother, married three times, first and my father have died of illness.04My mother married him,07Found derailed,08Years son of his stepfather married in our house,10Years to replacement new grounds, sell the house, then has not bought any house.10The second half of the year and my mother divorced, during their marriage to divorce after two and a half years always take my mother retired pay (that is, as the cost of living) I11Years6In the work, to13Years2Each month month salary was he here, is said to hold for me, whether I can now go get my salary back?

Answer:1, according to the description, housing is sold during your stepfather and mother's marital relationship continues to exist, with the joint property of husband and wife, it is legal.
2According to the relevant provisions of the contract law, the contract of deposit, the deposit period expires or the depositor to obtain in advance the depository, the depository shall return the original and fruits returned to the depositor. If the depositor does not return, you can go to the court claim your rights.

3, suggest you can get your stepfather about, note recording or find others to witness, and appropriately collected some evidence, or appeal to the court may not be accepted, even if it will be lost. (Zhou Shishu, Sina micro-blog: major volunteers Zhou Shishu)
 

294Q: tell the man, woman's rape! Turn the case over to the Public Security Bureau's Procuratorate, before preparing to announce he didn't rape results, the lawyers to withdrawal, then the procuratorate also said that since this is a case of private prosecution withdrawing public prosecution procuratorates woman so no longer, the procuratorate that right?

Answer:1, according to the provisions of China's "criminal law", suspected of rape cases, the victim to the public security organs shall be responsible for investigation, the conclusion of the investigation should write the prosecution of submissions, together with the case file and evidence, to the people's procuratorate together with the review decision. The people's Procuratorate received the case materials transferred by the public security organ shall, after normally in1Months to decide whether or not to prosecute decision. If the people's Procuratorate believes that the evidence is insufficient, does not meet the prosecution condition, may decide not to initiate a prosecution, while not directly announced "the man did not rape".

2Only when the procuratorate, made the decision not to initiate a prosecution, the victim to prove their personal rights, property rights are violated can bring a private prosecution to the people's court in evidence. So before procuratorate not officially make a written decision on not to prosecute, the victim's rights no mention of private prosecution, the lawyer statement withdrawal does not have legal significance.

3If, make a written decision not to prosecute in the procuratorate, the court prosecution, people's Procuratorate no prosecution is not bad. Sina (micro-blog@Volunteer Wang Xiaotang)

 

295Ask: Hello! I want to consult you about the problem of custody! My sister divorced them, the child is adopted, without the local civil affairs departments for approval, and the guardian is not my sister. Two months time by former brother-in-law forced out, so far the children nine years old. They have no blood relationship, nor by the Department certification, the court sentenced to divorce my sister has given one hundred thousand, and finally forced to inherit my sister property, too unreasonable! Have some mercy! Help my sister! Now the law no civilization, there is this child now have three mothers! We really have no way, in the care of the child, the child didn't know my sister. They use their relationships, on the hard decision, compensation of one hundred thousand, will inherit my sister property!

Answer: according to the "adoption law" article15A, the adoption shall be registered with the Civil Affairs Department of the people's government at or above the county level. The adoptive relationship shall be established as of the date of registration. Your sister at that time, if not after the approval of relevant departments, with the adoption of the child from the beginning not set. And "the Supreme People's Court on the implementation of the policy issues of civil law" article28, "friends, masses accepted, or relevant organizations to prove to the adoptive parents and the foster children between the long-term living together, though not complete the legal procedures, should also be treated as the adoptive relationship." Speaking, between your sister and the children had not long to live together, not in conformity with the non statutory registration can also identify the adoptive relationship conditions. Therefore, the adoption of the relationship between the children and your sister is not established, the statutory succession is not your sister property, shall not be entitled to inherit the property of your sister. (law student Pan Liuyi)

 

296Ask: Hello, IXXMobile phone is stolen, the thief took it toXXCustomer service is to change, and then sell.XXCompany customer service service cannot provide the formal invoice in the circumstances, the replacement is illegal? I like this situation is very common, was lost mobile phone are joining a name forXNetworkQQGroup communication, a lot of people thinkXXCompany employees and thief gang has been formed between the "industry chain", I would like to ask whether we can through legal means toXXThe company claims, or restore the loss?

Answer:1Unable to know, from the problem,XXCustomer service is not normal machine invoice "customers" product replacement, whether there was a breach of duty of the company, even if the related duties in violation of company, also can not become you toXXOne reason the company claims, because,XXThe company's "illegal" operation, is not the direct cause, your mobile phone stolen so, compensation cannot be obtained through civil litigation channel.
2Your mobile phone is stolen, involves criminal problem, you have to report to public security organs, to recover their losses.
3As you said, the so-called "industry chain", do not know if there is no relevant evidence, for there is no evidence point of view, is not recommended to publicity, avoid caused unnecessary trouble for themselves. If, there is evidence, can report to the public security department, as a citizen should fulfill social responsibility. (Sun Jianzhong, Sina micro-blog@Shanghai lawyer Sun Jianzhong)

 

297Ask: Hello?How to calculate the limitation of action is the traffic accident?After the operation a year for disability identification, compensation and insurance companies, it Is it right? Had the limitation of action?Thank you!

1The limitation of action, a traffic accident:

    China's "general principles of civil law" 136th stipulates: "bodily injury claims for compensation, the limitation of action for a year."

    Article 137th stipulates: "the period of limitation of action from knows or should know that his rights have been infringed upon. However, from the rights have been infringed on the more than twenty years, the people's court shall not protect. There are special circumstances, the people's court may extend the limitation of action." That is to say, the period of limitation of action for road traffic accident damage compensation dispute is one year.

2The calculation method, period:

"The Supreme People's Court on the implementation of the general principles of the civil law 'problems' opinion (Draft)" the 196th stipulation: "the personal injury compensation during the period of limitation of action, hurt significantly, starting from the date of injury; the damage was not found, after diagnosed and can prove that is caused by the violation, calculation from the date of injury diagnosis." (the legal aid center of Beijing Institute of Technology School of law (Law) Ma Jun)

 

 

298, ask: Hello, my father when I was two years old (1991Years) died of illness, leading to his mother remarried. At that time, because her grandmother's block, the mother did not take me away. So I was my grandmother raised, until08Years grandma passed away. I also have adult, mother marry over there and I have been walking and having no children.2011Mother with cholecystitis in a national third senior hospital, in operation by overdose of anesthesia in cardiac arrest caused by brain anoxia, and life become a vegetable, only in the hospitalICUFor the rest of my life. There will be a number of compensation for this hospital, because my mother was childless, so the contradiction came out. More than 10 nephew their side of the man, because compensation and my mother later and the real thing and stop me and visit my mother. Excuse me after my mother died, I on the compensation money and my mom later and his house I have?

Answer:1Our country is inherited from the time of his death was started, your mother only legally dead after relates to the issue of succession
2According to China's "marriage law" article18Paragraph second: a party because of physical injuries medical expenses, disability living allowance for a party to the husband and wife property. That is to say, the compensation for your mother's personal property, the man has no right to use.
3When your mother died, her personal property can be inherited. According to the "law of succession" article10Regulation: children, spouse, parents, as the first order of succession. You can inherit from your mother the compensation
4If the real estate belonging to the common property, according to "Inheritance Law" article26Regulation: husband and wife acquired during marriage in the common property of all, except otherwise agreed, if the segmentation heritage, should first half of jointly owned property allotted to the spouses of all, for the rest of the decedent's estate. That is to say, half of the value of the property can be inherited, in accordance with this half inheritance order of succession (law student Cai Shengqi)

299, Q: the thing is, my colleagues disappeared in ten days, and during the family had contact, called yesterday, many colleagues to borrow money and reason are not the same, say in Hongkong, while in Dongguan, which brings us to the last year I and another colleague were tied frame with a knife forced him to colleagues to borrow money, then go to the police station, the police to be able to contact the parties to the investigation on the grounds, never thought of the parties is hijacked, then my colleagues were closed for several weeks back, also get a lot of money. Now my colleagues and then as like as two peas in the factory, many do not know the truth are the money went to, are a few tens of thousands, we don't know no statistics, yesterday110Consulting, or we need to go to the police station on file, but we also afraid like last year not filing the case, now the situation is the stress that party how deal, lives and property are threatened, the police also can be linked to the party is not on file, it is a loophole in the law? I really don't know what to do.

Answer: the public security organs of the criminal behavior belongs to the judicial behavior, does not belong to a specific administrative act, thus not actionable, it also is a legal loophole. Recommendations to the procuratorate reaction to the procuratorate sent a letter to the public security organ written explanation of the reasons for not filing the case, the procuratorate has the right to exercise supervision on the right. Can also react to its superior public security organ or the people's government at the same level or other authorities. Sha Muyan,Sina micro-blog@The firm practice Samut Research)

300, q:ADo a processing factory,ABecause the credit problem, I can't loan, findCThe processing factory, registeredCName, by theBTo find a friend to help the small and medium-sized enterprises, with Guarantee Corporation to guarantee, credit loans three hundred thousand, the deposit to pay thirty thousand,CTake the4Million,AAndBEach11.5Million, due outstanding, but the interest paid by season, after collection and also a2.5Million, after the Guarantee Corporation report, the filing, fraud crime of loan, the guarantor pending trial in three per capita. Excuse me, whether the charges are true, such as the establishment, sentence will be how much? Three per capita,AThe money has also,BWithCNot yet

Answer:1First, the crime of loan fraud, refers to the illegal possession for the purpose of making money, project introduction, false reasons, using false economic contracts, the use of false documents, using false property right certificates, duplicate guarantee exceeding or by other methods of fraud, the bank or other financial institution loans, the large amount of behavior.

2Definition: ", to the right for the purpose of illegal" is an important standard to distinguish crime and non crime boundary. In the determination of crime of loan fraud, not simply that, as long as the loan maturity is not able to repay the loan fraud, the crime. In judicial practice, the actor has one of the following circumstances, should identify their behavior to "for the purpose of illegal possession, defraud the bank or other financial institution loans":
(1) loans carry loans fled;

(2) not will use but squandered loan can not repay the loan according to the use of;

(3The use of loans) illegal and criminal activities, the loan will not be repaid;

(4To change the use of the loans will loan) for high risk economic activity, causing significant economic losses, the loan will not be repaid;

(5) to seek illegitimate interests, to change the use of the loans, causing significant economic losses that the loan will not be repaid;

(6) to provide false collateral for loans, causing significant economic losses that the loan will not be repaid, and so on the case. According to the information provided by youAThe money was returned, so I thinkACan eliminate the purpose of illegal possession, only ordinary lending disputes, asCBShall be determined according to the specific circumstances, you will need to provide more detailed information.

3The objective elements
The objective aspect is the use of fictitious facts, conceal the truth means to defraud the bank or other financial institution loans, large amount of behavior.

4People, nature of the crime, is less than five years imprisonment or criminal detention, a fine of twenty thousand yuan two hundred thousand yuan fine; if the amount involved is huge or other serious circumstances, five to ten years in prison, a fine of fifty thousand yuan five hundred thousand yuan fine; the amount is especially huge or other especially serious circumstances, department for more than ten years of fixed-term imprisonment or life imprisonment, fined fifty thousand yuan five hundred thousand yuan fine or confiscation of property. Therefore, if the crime. In this case the amount is greater than ten thousand, is a huge amount, so for more than five years to ten years in prison, a fine of fifty thousand yuan and five hundred thousand yuan fine. (the legal aid center of Beijing Institute of Technology School of law (Law) Lin Yilin)

 

301Q:, build their own houses, said five or six years ago is to be torn down, and until now there has been no open, adding a layer of recent home want to go up, then down a bit, but the government won't let us add up, don't let us re back, what is the how to do?

Answer: Hello, according to your description, we propose the following opinions:

I have the following questions about your description: the first is said to open five or six years ago, here and others (the government or Real Estate Company) to remove or you decide to split? If the former, then you and covering a layer, the first is meaningless, because the demolition; second, may involve the demolition compensation problem, under normal circumstances is not allowed and covering a layer.

Second, about the reasons why the government does not allow you to be, Is it right? You house of wires and other building facilities, or is related to other real problems, such as the influence of other lighting or block line of sight.

After exclusion of the above reasons, if you still have questions, please later add specific ask, we will address your questions answered. (the legal aid center of Beijing Institute of Technology School of law (Law) Ma Jun)

 

302, Q: conditional donation no written proof of the burden of proof, to sue?

Answer: you did not say you are the donor or recipient, so these two kinds of circumstances I analyze:

First of all, the donor has the right to revoke the contract of gift. "Contract law"186Article, the donor may revoke the gift before the gift property rights transfer. But with relief, poverty alleviation, social welfare, moral obligations nature or the donation contract a gift contract which has been notarized, the preceding paragraph shall not apply. Therefore, you have the right to revoke the right to the subject matter before, is not the transfer, or it does not transfer the part can exercise the right to revoke the gift, unless it is a relief, poverty alleviation, social welfare, the nature of moral obligation of contract of gift.

In addition, in the "contract law"195Provisions, donor's economic situation has deteriorated significantly, seriously impacting on his business operation or family life, he may no longer perform the gift obligations.

Finally, all of the contract of gift, have statutory revocation case. Gift contract revocation is refers to the specific circumstances stipulated by this law may be revoked at,Allow the donor or the heir, legal agent to exercise the right of revocation,Revocation of the gift contract, article192The people in any of the following circumstances, the donor may revoke the gift: (a) a serious violation of the donator or his close relatives; (two) failing to perform support obligations owed to the donor; (three) fails to perform the obligations stipulated in the contract of gift.

Of course, in the lawsuit, still have to follow the "who advocates, who proof" principle, therefore, whether you are the donor or recipient, are proof of your claim and the proof of the subject, content, to aim at these reasons. (the legal aid center of Beijing Institute of Technology School of law (Law) Ma Jun)

 

303,Ask: hello! After: a state-owned enterprises to dozens of people a number of resettlement fees totalling80Million yuan registered capital as a limited liability company. For after the management, did not reach the highest placement fee to suffices to the most upscale, such that the total share capital by the company registration80Change for90Million yuan. There are two people for not authorized in the outside, by the family for a fraction of the number of shares, has for Industry and Commerce for the record. Since then the total share capital90Million proportional distribution company operating income. Not enough to fill to the highest place Two people claim compensation, shareholders will have passed, but the manager of the company to find an excuse not to perform, after two times to the court are not supported. Ask: do the difference between the capital and back collar odd share is in accordance with the company law provisions of a limited liability company? Two: the company is not registered capital according to the actual distribution of income distribution caused by less two people, whether a violation? Three: what a relief channel this two people there? Thank you.

Answer: Hello, according to your question, we give the following answer:

1To make up the difference, the company's shares and shares back collar odd behavior is legal.

According to the provisions of China's "company law" twenty-sixth article: "the registered capital of a limited liability company as capital contributions subscribed by all the shareholders registered in the company registration authority. Initial capital contributions made by all shareholders shall not be less than twenty percent of the registered capital, nor less than the statutory minimum amount of registered capital, the remaining part by shareholders since the date of establishment of the company paid two years; among them, the investment company can be paid in full within five years; the minimum amount of registered capital of a limited liability company is thirty thousand yuan. Laws, administrative regulations, the minimum amount of registered capital of a limited liability company with higher provisions, from its provisions." That is to say, the minimum registered capital of the establishment of a limited liability company is thirty thousand yuan, you and other employees placement fee for you and other employees of all individuals, odd return on behalf of the capital contributions subscribed by not including fraction, as long as the total registered capital of not less than thirty thousand yuan is legitimate.

In addition, according to the provisions of China's "company law" thirty-fifth article: "shareholders according to the proportion of capital contribution of the share paid dividends; company to increase its capital, its shareholders have the preemptive right in accordance with the proportion of investment paid subscription. However, all the shareholders in proportion to their respective capital contributions shall not dividends or not in accordance with the proportion of capital contribution of the pre emptive except." This shows that the company is in after the establishment of new capital, that is what you said "to make up the difference of its".

In practice, limited liability company in new capital to follow the following procedures: (1) signed by the legal representative of the company, an application for registration of change "("2) "enterprise (company) to apply for registration of attorney" commission shall identify the specific matters and the client's authority (3) limited liability company will be submitted to the shareholders resolution, content should include: the increase in the amount of registered capital, the shareholders shall specifically undertake the increase in the amount of registered capital and investment way, revision of the articles of association of the relevant provisions; sealed or signed by the shareholders (the natural person shareholder ()4) amendment of articles of incorporation; in kind, industrial property rights, non patented technology and land use rights, should be in kind, industrial property rights, non patented technology and land use rights of ownership transfer way, term explicitly stipulated in the articles of association. Limited liability company charter amendment by the shareholders shall be signed or sealed(The natural person shareholder)(5The capital verification report (;)7) laws and administrative regulations, company to complete the change of registered capital must be reported to the approval of relevant departments, submit the approval documents from the relevant department.

To meet the above conditions can be added to the capital of the company.

2Company registered capital allocation of income, not according to the actual registration causes less distribution of two people, not belonging to the infringement.

According to you then to supplement, we know that, the company has in accordance with the provisions of the notice of your family, your family and era brought "odd number". Therefore, this is not a problem and the "company law", only debt common relationship. We think, the company has to do the necessary obligations, should not bear the responsibility.

According to what you said, you were on the outside, but you know that enterprises should be resettlement fee as the registered capital of the company, then return the "odd" you should not know, more families are know. If you have no sufficient evidence to prove that the knowledge of their own, so will take the risk of losing.

3, relief channel

As mentioned before, after the establishment of limited liability company in, its registered capital and can not arbitrarily change, must be legal process. According to the provisions of the company law in China forty-fourth: "and voting procedures of the shareholders' meeting, unless this law has prescribed, shall be prescribed by the articles of association of the company; shareholder meeting on the amendment of the articles of association of the company, increase or reduction of the registered capital of the resolution, as well as the merger, division, dissolution or change of corporate form of resolution, must voting by shareholders representing 2/3 or more of the." You need to make sure that "shareholders can" is consistent with this number shall, if met, then the manager an excuse not to implement it belongs to the non implementation of resolutions of the shareholders' meeting, is illegal. You can at the general meeting of shareholders for its execution, or to the company board of supervisors to reflect, or apply to the court for compulsory execution. If the signed agreement, can be in default proceedings, and require them to bear the liability for damages. (the legal aid center of Beijing Institute of Technology School of law (Law) Zhang Keijia)

 

304, Q: my friends back home, his brother was killed, the police have in the past, and no treatment results. Now that people have no claim for compensation. Dragging. My friend, how to do? By what way to pursue the human responsibility? Can be directly to the court?

Answer: according to the "road traffic safety law", after the occurrence of a traffic accident, the traffic police will be confirmed on the spot investigation, and according to the investigation of the accident responsibility identification! If you said the accident, accident shall assume the main responsibility of the accident more responsibility, will bear criminal responsibility, then the injured party can choose the criminal supplementary civil action, claim for compensation! If the party negative secondary responsibility, it needs the injured party got the traffic accident identification, selection of civil litigation to resolve the issue of compensation! (Wang Zhen, Sina micro-blog@The most basic cold)

 

305, Q: I have a friend in the contracting company Luqiao site, the site is together with investment by three people, because my time is relatively abundant, so the site almost by him, because it is the contracting company Luqiao project, by the Luqiao company according to the progress of appropriation, for one time stamp appropriations the company, Luqiao chapter will change, but a chapter for Luqiao company to a certain period of time, the site will need money, so I had no friends in Luqiao company is allowed under the seal of the moment Luqiao to get more money, with the super100Million, Luqiao is now looking for him, because he has the accounts, so called Luqiao company to give him an explanation that this company is that they allow. He led with official seal100Million for all contractor site, have account. Excuse me, what should he do? And he and his partners have cooperation agreement, his partner has an obligation to share?

Add: there is excuse me, my friend after he Sike seal, and his wife divorced, so his wife will be jointly and severally liable? Economic responsibility and criminal responsibility, have been implicated in his wife's property?

Answer:1See, because there is no detailed material, only from the above you dictate, we believe that your friend's behavior is suspected of fraud, the crime of fraud in criminal law of China (people's Republic of China Criminal Law266Article) refers to the illegal possession for the purpose, with the method of fictitious facts or conceal the truth, for the larger public and private property act. If the other party has been reported, recommend your friends to surrender immediately.

2", according to the provisions of the Supreme People's Court about the provisions of the" criminal incidental civil litigation range of the first to five, Luqiao companies not to criminal and civil manner, or alone with the civil procedure for your friends and his partners shall bear civil liability.

3, as long as not involved in the case, your friend's wife, do not bear criminal responsibility.

4If your friend's wife, the property will therefore be implicated, mainly to see her have share of property obtained by fraud. (Sun Jianzhong lawyer, Sina micro-blog@Shanghai lawyer Sun Jianzhong)

 

306, Q: Hello, I would like to ask, the defendant and the guarantor did not appear and the submission of defence, I require the guarantor to assume joint and several liability, but the case indeed for secured claim has been a limitation to the plaintiff, the court is indolent in exercising rights advocate and destroy, does not support the claim of the plaintiff the guarantor to assume the debt the joint and several liability. This is not that the judge in active use of the limitation of action, which does not support the plaintiff's claim, this situation can appeal, if the appeal should be how to do?

Answer: after the people's court summons the defendant refuses to appear in court, the people's court may make a judgment by default;

There are two kinds of China's "guarantee law" provisions of the guarantee way, one is the general guarantee, but a suretyship of joint and several liability; the parties shall agree in a guarantee contract modes of suretyship liability, no agreement or the agreement is not clear according to the joint responsibility to ensure that the processing;

In the guarantee period and limitation of action between the responsibility of the existence of a contractual relationship, the two are different, this point should be clear, you use the term " litigation prescription" is accurate, we temporarily ignore, following from several aspects to explain to you:

1Both the general guarantee or joint responsibility to ensure that, first of all have a warranty issues, parties agree in a guarantee contract guarantee period, from its agreement; if no agreement, then the guarantee period for performance of the principal obligation at the expiration of the period of six months from the date of;

②In ordinary guarantee, creditors not under warranty litigation or arbitration against the debtor, ensuring that the responsibility to ensure that destroy the people after the end of the period. If the creditor on the debtor filed a lawsuit or arbitration before the expiration of the period of limitation of action, calculated since the date of entry into force of the judgment or arbitration, you must ensure that within two years to initiate proceedings, claims that creditor's rights, require the guarantor to assume additional liability.

③In the joint liability guarantee, the creditor does not demand that the surety undertake suretyship liability, guarantee period expires, the guarantor shall be exempt from responsibility, to ensure that people enjoy your guarantee creditor's rights also destroy. If in the guarantee period, the demand that the surety undertake suretyship liability, calculation of limitation of action request date, you must request the people's court within two years from the date of lawsuit, request the guarantor to assume joint responsibility to ensure that.

④If in the guarantee period, the creditor fails to exercise the rights, the people's court that the guarantor's guarantee elimination of creditor's rights and does not support, there is nothing wrong. If it is in the guarantee period, the exercise of the rights of creditors during the period of limitation of action, enter, creditors not timely filed a lawsuit, and the court to take the expiration of limitation that does not support the plaintiff requests, belong to violate the principle of disposition of civil litigation, courts may be inappropriate. Sina (micro-blog@Volunteer Wang Xiaotang)

307, q:The homestead by others against the side of the main wall, the inclined, could collapse at any time. Their long time rain, watering the water come to our side of the wall(Mainly they will come our way to get very low, as long as there is water, will form a water)Countless times, talk to them, they become aggravated. Last August we wall tilt. In consulting a lot of people ready to prosecute them, but who knows the complaint submitted more than six months the court has not to register, went to the court to make a few times, Dean just know there is such a case, only to stand up. During this period, the court let us pay more than 2000 yuan, said this is you to please the observation station, the cost to more than 2000, to measure how much of your Gu house, so that the good case. But now that you will please survey, costs may be twenty thousand or thirty thousand, what are we to pay or not pay? The court has no illegal? And they did not give the file Is it right? Illegal?

Answer: first of all, because of the new civil procedure law in January this year the beginning of the implementation, according to your situation should be the relevant provisions of the trial Xinmin v..

Secondly, on the basis of Xinmin v.65The parties shall promptly provide evidence to support their assertions. So when you provide evidence of their loss, but the survey than to prove loss only method, if the two sides through market assessment or other methods to prove, then do not need to survey. In addition, if the parties have the right to choose and self-help, illegal theorem is not interference, so don't have to pay the survey fee.

Finally, because you are charged in Xinmin v. before the implementation of the civil procedure law, based on modified before112And on the strict implementation of the case to the judicial interpretation of article6A court filing, not wrong. (Liu Qiang, Sina micro-blog@dongfangUnknown) 

 

308Q: father, folk lending out of nearly two hundred thousand, time has passed, the investment company is not performing, and find them for money said no money, let etc.. The folk lending contract litigation? How similar case? Static for your reply, thank you
Answer: it is the limitation of action. Starting point for two years from the date of maturity of creditor's rights. But if you ask of each other to perform, the interruption of prescription, re starting, of course, from the legal point of view, this is the need for evidence. Recommend that you keep and collect relevant evidence, as soon as possible to the court. (mu Yan, Sina micro-blog@The firm practice Samut Research)

309Ask: if, in my own house with a layer of, more out of the area if the demolition would not the unnecessary demolition can be? There is a previously because of his original house to remove the part (because you want to add a layer of the original house), we can restore the house? Because the government does not let us housing reduction and they wouldn't let us add up, now the house can not live, what shall I do?

Answer: first of all, according to the regulations of the people's Republic of China urban and rural planning law, engaging in temporary construction without approval by the competent department of urban and rural planning, the people's Government of the city, the county seat shall be ordered to dismantle, can impose temporary construction cost more than the amount of. Therefore, no matter what the reason you are based on the construction of illegal construction, must be removed.

   Secondly, China is no compensation for the illegal construction,China's "Regulations" Housing Units management twenty-second clearly stipulated in paragraph two,The illegal construction is not compensation.

   In addition, as long as no planning, no construction permits, no real evidence is building of violate the rules and regulations, for illegal construction, generally no compensation, especially for the relocation compensation assault housing, if the local village houses are undocumented, so general according to undocumented have compensation about compensation standards permit the same subject this paper, by government issued regulations, and the public announcement. Sina (micro-blog@The most basic cold)

 

310Ask: Hello, I want to consult a problem. I agreed to divorce after the custody of the child to me, we are now considering different marriage, children's reading problem to go to school, I want to account from her ex husband moved back there, but he refused to. Is this how to do?

Answer: first, child custody, if the court, then you can be in accordance with the judgment requests for the child's account, with the effective judgment to account the location of the police station for you, but sometimes the police station, there may be differences, please contact the police station.

The second is the consultative divorce, you are only with your ex husband negotiated settlement account, if the negotiation fails, you can go to court, seeking a court decision. (Wang Zhen, Sina micro-blog@The most basic cold)

 

 

Disclaimer: this Micro message platform to answer on behalf of the respondents, personal point of view, for advisory reference
"[/Case]."
Beijing Institute of Justice Research Institute
Focus on major cases, the compilation of data files, promoting case study
Depth of investigation, case tracking, simply view columns
Micro-blog @ major CASE; Tencent / Sohu @
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 add Micro message: mycase/ cases, or scan the two-dimensional code