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 271st to 290th legal consultation

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

(Disclaimer: the Micro message platform solution according to the advisory information, on behalf of the respondents personal point of view, for advisory reference)  

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:

 

271Asked: has not married, but have the wedding, the woman's proposed "divorce", the two hundred thousand gift and the man presented to gold and silver jewelry belonging to the woman? What the woman is asked to return? The woman does not belong to what can I do?

Answer:1In China, according to the relevant provisions of the judicial interpretation of the marriage law, the two sides did not go through the formalities for registration of marriage, the parties request the return of betrothal gifts custom payment, the people's court shall support.

2, the relevant judicial interpretations, cohabitation, a voluntary gift to each other's property by gift processing. A gift, a free his property to the donee, the donee accepts, the contract shall enter into force. But if any of the following circumstances, may revoke the gift:

(a) a serious violation of the donator or his close relatives;                          

(two) and non support to grant;

(three) does not perform the obligations agreed upon in the contract of gift. (Zhou Shishu, Sina micro-blog@i-nice)

 

272, q:Hello, for help. Personal illness, treatment of the basic end, there is a need to regularly check. Personal request a replacement power level jobs. (previous post labor intensity big, stimulating substances, the hospital is also recommended to replace jobs) company to terminate the contract by force. The staff how to protect their own interests?

Answer:1In China, according to the provisions of the "labor contract law" in article fortieth, the employer should give you arrange work first, cancelling the contract, the employer can not competent in your case, and must be in thirty days in advance written notice to the worker or extra to pay workers a monthly salary after. Otherwise, the employer to terminate the contract is illegal.
2According to the "labor contract law," article forty-eighth, the employing unit violates the provisions of this law, rescission or termination of the labor contract, (1) if you weigh the advantages and disadvantages, demands continued performance of the labor contract, the employer shall continue to fulfill the labor contract (2) if you do not want to continue to perform the labor contract, the labor contract can be rescinded or terminated, the employer shall pay compensation according to law. About the compensation standard, the labor contract law the eighty-seventh regulation for the economic compensation standard of two times.

3, "labor contract law" article seventy-seventh, workers' legal rights and interests are infringed upon, have the right to request the relevant departments in accordance with the law, or to apply for arbitration, litigation.
(1) according to the law, labor, construction, health, safe production supervision and management departments are responsible for the protection of the legitimate rights and interests of workers responsible for workers' rights, shall be dealt with according to law, not mutually making excuses, but not the rights for the shut sb. (2If your work unit) and both sides are unwilling to negotiate, negotiation fails or reached a settlement agreement fails to apply for mediation, the mediation organization; unwilling to mediation, mediation fails or after a mediation agreement is not performed, may apply to the labour dispute arbitration committee for arbitration; refuses to accept the arbitration award, you can also bring a lawsuit to the people's court. (Tan Yuhan, Sina micro-blog@Han Yu--)

273Self-study, tractor plowing road was for public resources--The village road, whether can ask for road engineering?
Zhuxi Tianbao Xiang Guan Fu Wu Village, Zhang Zihua, male, in2007Spring has mined slate mine is individual and industrial and commercial business license, and in the same year6County Land Resources Bureau has issued the mining license, in the Township Village6Group (Han Gou) blackboard ore mining. Because of mining transportation needs, after consultation with the village committee, self-study by the river dam to Xiaohan tile field plowing Road, the journey is about2Km. The group home20Households, village to open mine road to solve the difficulties and problems were farmers, support and commitment to the future road, if appropriated by the state compensation to a certain compensation (this commitment without a witness). Zhang Yu2007Years10At the end of the month to start construction of tractor ploughing Road, to09Years3All through the month, total construction1Year zero6Months, Li Chengda1.75Km, total investment27More than 50000 yuan (own forklift fee is not included).2010Years of the new Xiushui County Department of transportation to the Tian Ping2Highway, will Zhang Yuan organic Geng Lu cut into two sections, resulting in paralysis plate quarry Zhang, Zhang finding highway command and the village committee consultation, CunZhiShu Liu Yongan and water road project Department of accounting field measured water decoction following sections of highway project0.55Km, and promised to7Million yuan compensation (Zhang Yu2011Spring for payment in cash forklift village committee2Million, the remaining5Million yuan has been owed unpaid).2010The second half of the year, the village committee decided to repair the road through group new highway to Wang Youchun front, this section by Ma Li rang contract.
    The actual occupation of Zhang Tong stone road1.2Km, Ma Li rang just built a new plate quarry to Wang Youchun in front of the section1Km. Ma Li rang in the original1.2Only a small dressing for kilometers, invested project shall not exceed3000Element. Because the village road occupation of Zhang Zixiu Road, Zhang repeatedly to find Haruki asked to solve a project, but the village committee with compensation not allocated by perfunctory, and asked Zhang don't reflect the matter to the township government, as one of the villagers trust grassroots party organizations, so wait patiently. Until2012Years7Month County procuratorate to the piece of evidence, ask how many roads, Zhang, Zhang knows the village even a self-taught road together with every kilometer15Thousand yuan price together to Ma Li rang. This section of the village road township fiscal payment50Million yuan. A new fix from river dam at their own expense to board the quarry tractor ploughing Road, the local cadres and support, the village people are very clear (nearby villagers have documentary evidence), to the local people to bring the convenience is an ironclad fact. Private practice plowing road since as a public resource, how the village committee commitment, Zhang Li should recover the payment for road works, however the village committee will fellow financial Zhang highway paragraph to deserve Ma Li rang one node to go. Although the project of Baotou and the village Party Secretary by the legal sanctions because of corruption project (for medical parole), but Zhang road but no whereabouts. Request the township government to solve, the leadership of the government's reply is Zhang road is still there, still can pass, there is no compensation. Do not know whether v. back to Zhang road?

Answer:According to the parties to the case said, individuals have the highway investment power. According to the "Regulations" toll road management tenth rules: the transportation departments of local people's governments at or above the county level using loans or to enterprise, individual paid financing the construction of highway (hereinafter referred to as the government loan Road), domestic and foreign economic organizations to invest in the construction or in accordance with the provisions of the highway law of the government loan highway toll right of highway (hereinafter referred to as the operating highway), after the approval in accordance with law, we can collect tolls. Zhang funded the construction of highway, village committee should compensate road section.

Be legal sanctions in the village Party branch, the compensation Zhang is still not resolved, look for the township government is not supported. According to the "PRC Administrative Reconsideration Law" article6The provisions in the ninth paragraph: the administrative organ to protect personal rights, property rights, the right to education for the statutory duties, the administrative organ shall perform no, citizens, legal persons or other organizations may apply for administrative reconsideration in accordance with this law.Zhang can bring an administrative reconsideration to the administrative organ. (The legal aid center of Beijing Institute of Technology School of law (Law) Jin Zhixin)

 

274To save money, ask: postal savings, the teller in whole did not inform the depositors in the case of the deposit for the insurance, the insurance to depositors to sign the depositors also didn't pay much attention to sign, the last one look at the insurance policy to react. Does such a thing only luck?

Answer: the postal savings behavior of misleading sales, you have the right to terminate the contract. You can complain directly to the local bureau of the CIRC, the situation clearly, the CIRC may require the insurance company for processing, this method is most useful. (Du Hongtao, Sina micro-blog@Wilsonduht)

 

275Ask: Hello! I am a cigarette and liquor vendor Guangzhou boss. As to the criminal suspect to steal someone else's bank card to my store credit card spending. Because in a hurry, the first transaction has taken the wrong receipt, which failed to provide guests the fact in my shop to prove. According to the credit card machine company < I use with pay, the responsible person said, the first brush card must be fully accountable to the merchant. Second, three pen should be all right. But the three spending money to freeze180Day. (the first pen6800Yuan, second pen6200Yuan, third pen3000). As a business, I'm not the profit. An accident should I take full responsibility, cardholders and credit card machine operators have no responsibility? I would like to ask, what to do?

Answer:1The provisions of the law, citizens and business organizations such as bank account inquiry, freeze, deduct only when the power of the public security organs, people's Procuratorate, the people's court. Other agencies and individuals have no right to exercise the power of.

2As a businessman, without power and obligation review card transactions are fraudulent or theft, as long as the consumer credit card transaction rules and can complete the transaction. Even if is imitating or theft, businesses also belongs to the acquisition in good faith for the transaction, protected by law. The use or theft of the legal liability of the actor.

 3, credit card machine company's behavior belongs to freeze your bank deposits, no basis in law. You can claim the thawing and compensation for the resulting loss. (Zhang Tingyuan, Sina micro-blog@Zhang Tingyuan lawyers)

Ask:1Trans provincial bank accounts frozen, such cases, due to freezing time is too long, cumbersome, because funds flow pressure, many people choose private and police compromise solution, but I think it wrong that is equivalent to the default violations, as a legitimate businesses (Zhang Huanzhong), I think I should not be afraid of, should fight, but the judicial procedure is too complicated, and we have no legal professional knowledge, only turn to you.

2,I have been for business bank account number to the inside of the revolving fund38Yuan is the Jingzhou city police blocked, the explanation is suspected of violating the law of the flow of funds into my account. And I required to produce evidence on suspects, but no clear answer; even if I want to provide their own evidence as soon as possible thaw, they are busy or in the investigation of cases, will not be accepted. In desperation, only turn to you! What should I do?

Answer:1The criminal procedure law, provisions: on attachment, seizure of property, documents, mail, telegram or frozen deposits, remittances, bond, stock, fund and other property, find out the irrelevant to the case, shall be cancelled within three days, seizure, freezing up, be refunded.
2Public security organs to handle criminal cases, the program provides: frozen deposits, remittances and other property for a period of six months. Freezing bond, stock, fund, securities for a period of two years. There is a special reason need to extend the time limit, the public security organ shall handle the formalities in the frozen to freeze before the expiration of the term. Every cold continued deposit, remittance property period shall not exceed six months; each continued freezing bond, stock, fund and other securities for the longest period of not more than two years. To continue the freezing, should be in accordance with the provisions of this article 233rd shall re freezing procedures. Fails to go through formalities to freeze, as frozen as automatic discharge.3If there is doubt, the public security organs, can reflect the higher public security organs or judicial organs. (Zhou Shishu, Sina micro-blog@Volunteer Zhou Shishu)

276Q:, the right time to have such a platform! I'm here relates to a case, who steal mine at4By using artificial mining caused the fall crushed ore1People, usually we have also done a lot of guard against work also has some effect but also occur, because of the interests and the law of most restrictions only education penalty, overall in the tug of war, the procuratorate said because I did not manage to be in charge of be forgetful of one's duties responsibilities, the hole is filled before the organization too, organization steal mine also wrote a promise not to steal, is it really the managers assume? So after who dare tube this kind of work, very is fine, I think the criminal responsibility is overweight, think it is not reasonable, the soldiers and thieves have never stopped fighting the justice, the flag is not clear. Please give me advice, thank you.

Answer:1Be forgetful of one's duties, the crime refers to that the state personnel seriously irresponsible, does not perform or not correctly perform their duties, cause public property, the interests of the state and the people suffered a major loss behavior. Will you complain, belonging to the events in the activity, behavior does not belong to the personnel of state organs. Qualitatively the relevant judicial authorities in error, do not constitute a crime be forgetful of one's duties.
  2, in the production process of the enterprise by irresponsible or adventure job caused casualties and property losses, could pose a major liability accident crime.
  3, you are told, business and legal obligations. People do the necessary security requirements, the event is the third unilateral reason (and illegal) resulting in serious consequences, by the behavior of people to bear the legal consequences.
  4, suggest you entrust a lawyer, in accordance with the law for you to collect relevant evidence, pleaded not guilty. Zhang Tingyuan,Sina micro-blog@Zhang Tingyuan lawyers)

277Ask: the company, to the society with borrowed money in the form of capital, absorption of funds in the account of individual units of accounting, accounting after the diversion of funds, accounting is guilty?
Answer: according to the relevant provisions of the criminal law,1By keeping the financial, financial personnel making, misappropriation of the funds for personal use or lent to others, in the amount of ten thousand yuan, more than three months without further, may constitute the crime of misappropriation of funds. That constitutes a crime is mainly to see whether accounting of intentional misappropriation of funds, misappropriated amount and time.2The company, your unit funds deposited in the accounting of individual account is in violation of the relevant financial regulations, if pursue accounting responsibility, you must provide sufficient evidence to prove that the company's financial management is the funds of the company in the accounting personal account, also is to prove that the accounting private account is the company's property, if this cannot confirm, may not be able to identify the accounting crime. (Gao Jichao, Sina micro-blog@Volunteer Gao Jichao)

 

278Q: Taobao, buy a card, value900Yuan, can only be used for a month! I was cheated?

Answer:1, according to the "PRC Criminal Law" article266Rule, fraud 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. The crime as long as meet two conditions that constitute fraud: a suspect with illegal possession for the purpose of two suspects, fictional facts or hiding something, from your description of the situation, fraud suspects should be established, but whether the filing standards has yet to be determined. Because according to the correlative laws, the starting amount is insufficient: fraud fraud4000Yuan, benchmark punishment of fine penalty;4000Yuan more than5000Yuan, benchmark punishment as the control punishment;5000Yuan, benchmark punishment of detention for three months, every increase1670Yuan, a month in prison;1Million, the baseline sentence to six months in prison, every increase1000Yuan, a month in prison. But based on you buy in Taobao online, the lawyer for the presumption should be have a lot of consumer deception, it should be to the accreditation standards. And in the judicial practice, the suspects involved in the case using the card reader equipment, the blank card copy into a false3GOn the card, after Taobao shop on the low-cost sales, leading consumers to use for a period of time can not be used after the behavior has been related to the judicial organ of conviction and sentencing.
2, suggest you solve the problem through the following ways:1, to your local public security organs;2To compensate, taobao.com negotiation. Taobao.com according to this Law shall bear the joint liability merchants. (Mr. Liu Bifei)

279Ask: Hello, home jun! I want to ask a question of law. If I buy some books in Hongkong, and then pass the time by Customs seized part. How should I assert my rights? Thank you

Answer:1In Hongkong, if you buy the book, comply with laws and regulations, customs seizure behavior belongs to the illegal seizure, you have the right to request the return of the lifting of the seizure, and bear the losses resulting.
   2If the number of the books, according to the present laws and regulations should be detained and shall not be brought to (such as prostitution, etc.), the customs shall have the right to detain, and penalties for the behavior of people. Zhang Tingyuan,Sina micro-blog@Zhang Tingyuan lawyers)

 

280Q: I It is without rhyme or reason., claim to be "undercover" police caught from behind, said to be searched with a menacing tone, nor to the documents. They always ask me to the mix, can tell him?

Answer: if you can determine each other is indeed a plainclothes police, according to the "Public Security Management Punishment Law of the people's Republic of China" eighty-seventh "of the public security organ and the acts violating the administration of public security, the person, place items can be checked. When the examination, the people's police of not less than two people, and they shall show their certificates at or above the county level people's government issued by public security organs to check documents. To inspect it necessary, the people's police by working to produce documents, can check on the spot, but check the domicile of a citizen shall show the people's government at or above the county level shall check the documents issued by public security organs." So if you can determine their identity is the police, not to produce documents belonging to the illegal search, according to "the people's Republic of China Public Security Management Punishment Law" 117th "the public security organs and people's police illegal exercise of powers, infringe upon citizens, legal persons and other organizations of the legitimate rights and interests, it shall make an apology; causes damage, it shall bear the liability for compensation in accordance with the law." So, if you want to sue you, can bring an administrative lawsuit, but suing cost will be relatively large. In addition to selective prosecution, also can make complaints to the relevant departments.

If not the plain clothes police, posing as police officers searched, belonging to the infringement of the right of personality you, according to the relevant provisions of the general principles of the civil law and tort law, civil litigation, requesting an apology, compensation for losses. At the same time to report to the public security organs. (The legal aid center of Beijing Institute of Technology School of law (Law) Zheng Xiaodong)

 

281, Q: Hello, want to ask: labor arbitration have odds. And then to the last step to enforce15Days to complete. But it has been three months. Also called me to continue. I can take other ways? Thank you

Answer: the labor dispute arbitration committee for arbitration award after the entry into force, with the same legal effect with the people's court judgments. If a party fails to perform the obligations set effective arbitral award, the other party may apply to a people's court for compulsory execution. Apply to the court for compulsory execution requirements:          

1, submit a written application for enforcement.
2, need to submit to the people's court ruling, original and not copy.
3The application for enforcement, matters, is the only award that range, can not mention other requirements. (Cong Wen, Sina micro-blog@Wen Shui Chan flows)

282, q:A few years ago I bought a piece of ground, when buy didn't note the high voltage line after, when building the house need to move the high-voltage wire, the village Party branch to let my own money to buy, buy electric wire pole line, all their money to change the line, would like to consult this reasonable? Feel this is a village party secretary problem, should not let my foot the bill, thank you!

Answer:If you apply for homestead, and the village Party branch secretary in your application did not inform the ground with high voltage line. Then according to China's "land management law" eighth article: "land in rural areas and the outskirts of the city, in addition to the owned by collectives, belongs to peasants' collective ownership; house sites and private plots of land, hilly, belongs to peasants' collective ownership", and the "Regulations on the protection of power facilities" Fifteenth: "any unit or individual in the overhead power line protection zones, must comply with the following provisions: (three) the provisions, shall not build buildings", you can to the village party secretary in violation of the principle of reliance interest as the reason to initiate administrative proceedings, request for compensation or payment of village Party branch secretary of high-voltage transmission line cost change.

If you are signed contracts of sale and the village Party branch secretary, then according to China's "general principles of civil law" fourth article: "civil activities should follow voluntary, fairness, making compensation for equal value, honesty and credit principle." The principle of honesty and credit, based on the requirements of civil lawsuit, the compensation or payment. (the legal aid center of Beijing Institute of Technology School of law (Law) Zhang Keijia)

 

283, q:The lawyers,This year1Month4A child, my friends and I got hit by a car, (Jiangsu Changshu accident)We were two thigh fracture. The car hit the retrograde in the zebra,Take full responsibility,The perpetrators did not see us at a glance,Do not have a telephone,One also not out,Later, the traffic police team requirements to5.5Million,The traffic police team put his Audi car,But we do operation in Shanghai No. 6 People's Hospital,We two will cost12Million,We to the perpetrators to,The perpetrators of the arrogant attitude,Said no money,He said he had insurance,Let me go to the insurance company to tell him,Did he care,Then we went to the traffic police team,The traffic police team said two years back,In a lawsuit,Money or they don't care. We are the general family, no work,Wife is pregnant5Month,Another operation,We hit very unlucky,Three months in bed,The children drop out of school at home,We want to pay the medical expenses,Help us?

Answer: A, this is a motor vehicle traffic accident cases. If the victim is due to hit the perpetrators and the victim in the zebra retrograde, full responsibility for the perpetrators so the fault. According to "road traffic safety law" the parties may request the traffic department of the public security organ for mediation can also bring a civil action directly.

Bought insurance two, the side of the vehicle, so that after the occurrence of a traffic accident, the insurance company is liable for the accident, you don't have to look forward to how much you pay medical expenses. You can own to advance medical expenses. Finally, you can use the civil litigation expenses advanced by the return of your.

Pay attention to the following issues three, when you're ready to civil litigation:

 1First, traffic accident responsibility.

2According to the responsibility, recognition, both parties can negotiate compensation, may also apply for the traffic police mediation. But this is not mandatory.

3, the consultation fails, the victim can sue to the court for compensation.

4Treatment related standards, according to compensation for personal injury: the victim suffers from a personal injury, medical treatment due to the cost of expenditure and revenue due to loss of working time, including medical expenses, lost income, nursing fees, transportation fees, accommodation fees, hospitalization fee food subsidies, necessary, the obligation of reparation should be compensation. Disability, the expenses necessary for increasing the life needs spending and result in loss of working capacity loss of income, including disability compensation, disability AIDS charges, was dependent for living expenses, as well as rehabilitation care, continued treatment of the actual cost of necessary rehabilitation, nursing fees, follow-up treatment fee, the obligation of reparation should also be compensated. Accurate amount according to the specific situation, the local standard of concrete calculation.

5Two years later, no prosecution, litigation may be over, which lost the right to win a lawsuit. First proposed the losses caused by the prosecution, then apply for a postponement of the hearing, in the actual expenses after coming out, in the change of litigious claim to. (Wang Zhen, Sina micro-blog@The most basic cold)

 

284Intestate, ask: my grandpa died, my grandmother is my mother and my aunt support, two uncle never said. Now to the real estate, two uncle came back for their share of the. Excuse me, they were the first heir? They did not try to take the obligation that they have the right to fight? Thank you.

Answer: because your grandpa left no will, according to the law can only be dealt with in accordance with statutory succession, your grandpa's parents, spouse and your mother's brothers and sisters are all successors first in order, shall participate in the heritage distribution (unless I voluntarily give up). According to the "law of succession" article13Regulation: the same share of inheritance in order shall, in general be equal. On the main successor to do his duty or live together with the heirs of the heirs, at the time of distributing the estate, can divide. Have the ability to support and maintenance conditions of the successor, not support obligation, at the time of distributing the estate, should not or less. So, such as first order your grandpa heirs can negotiate for inheritance, the negotiation fails, the court, the court will be to do a major maintenance obligations children more appropriate legacy, your two uncles will be less heritage, but their inheritance according to law is entitled to. (Zhu Dongsheng, Sina micro-blog@Don Quixote helpless)
 

285Ask: because the report, gambling, gambling machine boss hit, eyes was broken, skin trauma, how should solve? The police want privacy, if not private, open gambling machine is what property?

Answer:1According to regulations, the public security management punishment law, any person found in violation of public security management act, can report to the public security organ, because of your report gambling machines was the boss and boss, in violation of the provisions of the public security management punishment law forty-third, on suspicion of assault. Assault, or deliberately hurt others body, place the following more than five days to ten days detention, a fine of two hundred yuan five hundred yuan fine; if the circumstances are relatively minor, five days detention or a fine of five hundred yuan of the following. Any of the following circumstances, department for more than ten days to fifteen days detention, a fine of five hundred yuan one thousand yuan fine: Gang beating, hurt others, hurt the disabled, pregnant women; beatings, people under fourteen years of age or over the age of sixty people; repeatedly beaten and hurt other people, or an injury more beatings, the. But in your case, the boss to take revenge on informers, shall be given a heavier punishment.2The police station mediation,, is on a voluntary basis, if you do not agree to mediation, the public security organ will make a public security administrative punishment to the boss.
3In such cases, the police station mediation is illegal, because according to the Ministry of public security to explain, to take revenge behavior report are not due to civil disputes, does not belong to the scope of mediation cases.
4This private, you understand some deviation, not to open gambling behavior of mediation, the boss beat you this conduct mediation, open gambling behavior also does not belong to the scope of the case of mediation.
5, gambling machine is a kind of illegal behavior, gambling machine is for the purpose of profit, provide the conditions for gambling behavior, the behavior may also violate the provisions of the seventieth Public Security Management Punishment Law, shall carry out the public security administrative punishment. If an organization gambling machine gambling in any of the following circumstances, organization3More people gambling, tap profit amount accumulative total achieves5000Yuan; organization3More people gambling, gambling money amount accumulative total achieves5Million yuan; organization3More the number of gamblers gambling, the cumulative20People above; may constitute the crime of gambling, should be investigated for criminal responsibility. (Gao Jichao, Sina micro-blog@First law)

286, ask: Hello, want to consult the fact what happened this morning. I put things on the bus, in order to queue up for the bus, a man pushed from the side jump to, I am out of justice to prevent arms top off his chest, resulting in a car he held on to my chest clothes don't put, said I hit his chest pain to play110And go to a hospital checking. I26Years of age, and not on him, he has been with me on my chest entangled, shirt4Pull the clothes button, damage, and threatened to young people not eaten loss so. I own many things, and he does not want to pester, would later have not speak until he get off first. I want to ask is, if you play110The police will be how to deal with the matter? If I do it, it will roughly how evolution and qualitative? If you go to the hospital to check, how the costs? If I bring up beaten and claim compensation for clothes and went to the hospital to check, how the costs? Also hear encountered similar problems and how to solve the. A matter not deep man's question, the hope can give advice, thank you very much.

Answer: first of all, you can maintain public order, social justice and positive behavior support. Secondly, give some personal opinions disputes involved for you. If the alarm, the police to the scene disposal, will understand the situation first, such as parties to the fact that each sticks to his argument, will ask the presence, as confirmed with your old man had contact, people were also injured need to check cure, will let you take the old man to the hospital, the cost will ask you to advance. But the advance in the amount of general but more than a few thousand dollars, if you refuse to pay, the elderly can present pay, because you require advance inspection fee only mediation police methods, without legal basis forces you to pay. For your clothes being ripped, belongs to the damage to their property, the old man shall bear the liability for compensation, the police mediation is invalid, may bring a civil action.
   To jump the queue, I will not sit idly by, I will shout a warning"Please line"! The sound should be loud, others will go along with basic. If the queue is not listen, incite everybody condemned"We have to hurry, he can not be so selfish!","Others do not line up, we wait to also was not used", and then not, and"Please do not allow the driver to maintain order, the man who jumped the queue!""We have a mobile phone, take down to him, let him exposure!"In short, do not take the initiative to contact with each other, have physical contact, in two people will become entangled in dispute. (Zhu Dongsheng, Sina micro-blog@Don Quixote helpless)

287, ask: Hello, I want to consult, I rent a shop front shop, through an intermediary to rent, lease contract signed at the time did not mention lease invoice thing, now the tax department to check the lease invoice, I find the real main invoice, the owner does not provide, let me go to the tax department to open tickets, this who pay taxes the problem involves, the tax rate31.7%Contain20%Personal income tax, the landlord took the money, I will pay for him, the intermediary said that this is the unspoken rule of leasing industry, I can not accept, but also can't fall behind with the rent, because the contract to write behind with the rent, the landlord is entitled to recover the house, how should I do? He didn't pay the rent, reasonable? I how adults?

Answer:1House lease invoice, is designed specifically for rental income invoices. Need to provide the following information: a copy of the lease, the owners of real estate certificates, the owner ID card, ID card.
2When you lease to the housing, you should be the signing of a lease contract with the owner, but in the lease contract you need to pay attention to is the general lease contract rental housing prices whether tax, if tax, from the lessor to pay taxes; if not including tax, by the lessee to pay taxes.
In view of this situation, you can communicate with the owner about payment method. (Wang Zhen, Sina micro-blog@The most basic cold)
 

288Ask: Hello! Our unit at2008To raise the money to buy a file of shield machine, company, p.a.12%After a year, the return of principal and interest, second years to the principal and interest could continue to put in the company, and so on, each employee a company receipt, receipt write: at12%A year after the return of principal and interest, financial chapter and company executives and financial supervisor sign, a few days before the company in charge of change, we ask the staff how adults!

Answer: unit to your staff to borrow money to buy the shield machine, which belongs to the general borrowing behaviour, issued to the staff and workers of borrowing credentials receipt, company documents and receipts"Annual interest12%A year after the return of principal and interest"The contents of the contract rights, should be regarded as the loan contract obligations. Change will not cause the borrowing company in charge of rights and obligations. Because of the financial chapter for internal use seal, suggest you first ask the company to cover the company seal and the legal representative seal on the receipt, it can clear legal responsibility, to prevent the company make the destruction of documents, to shift the responsibility behavior. If you no longer borrow capital to the company, shall apply to the company for payment. The company refused to repayment, may bring a lawsuit to the court. (Zhu Dongsheng, Sina micro-blog@Don Quixote helpless)
 

289Ask: Hello, Mr. Xu, the day before yesterday I rode past saw several police beat two farmers, I picked up the mobile phone to shoot, was found, down from the car was hit, smashed my mobile phone, when the report and the news media have been suppressed, I still have what relief way?

Answer:1Citizens of the people's Republic of China, to any state organ or functionary (including military personnel), have the right to criticize and make suggestions; for any state organ or functionary of illegal acts, complaints, reports or report control rights to the relevant state organs, but shall not be fabricated or distorted the facts false accusation.
  2, the rights of citizens is the constitution, any organizations and individuals have no right to violate. We condemn the illegal violence law enforcement in any form.
  3Then, you said, if the police are not duty behavior, among individuals belonging to fight or dispute, you can complaint to the local police department, demanded an apology and compensation for losses. If the negotiation fails, based on sufficient evidence can bring a civil lawsuit to the local people's court, request specific infringer compensation and apology.
    4, if the police duty behavior, is illegal and violent law enforcement behavior in performing their official duties, you can apply to the local people's court sued for countries. (Zhang Tingyuan, Sina micro-blog@Zhang Tingyuan lawyers)
 

290, Q: I drove a car repair plant. A find my bike, I had to drive b repair factory, will be key to the repair factory employees C B, then B repair factory employees in no driver's license under the condition of others injured. Medical expenses spent tens of thousands of. May I have a responsibility? The duty ratios?

Answer:1In China, according to the provisions of "contract law", "contract between a and B repair factory". We think, repair factory from the date the repair vehicle arrival, for vehicle storage, management and the duty of care to repair plant. The repair factory in the main contract obligations (repair vehicle) for the outside of collateral obligation.

2According to the relevant provisions, "road traffic safety law" and its implementing regulations, repair factory employees do not have a driving license C in case will repair vehicle open and others injured, belong to serious traffic violations, is likely to bear full responsibility for the accident.

3Repair plant, because of its "repair vehicle" lack of management, may assume joint responsibility for compensation in traffic accidents.

4The owner, does not undertake the responsibility. (Wang Xiaotang, Sina micro-blog@Volunteer Wang Xiaotang)

 

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