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.

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This is the answer of 171st to 190th legal consultation 

 

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

 

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:

 

171, Q: graduate, andAThe company has signed three agreements, and liquidated damages10000Element. I want to exchange it for another company, will need three party protocol before going back to, but do not want to pay liquidated damages. I would like to ask in the three party agreement contract, restriction free choice whether or not in violation of the labor law? The agreement is invalid agreement?

Answer: if you have already agreed period of service with the company, need to pay liquidated damages.
If not agreed period of service, the company failed to provide professional training. There is no need to pay liquidated damages. The labor contract law to pay liquidated damages only in violation of the agreement on the term of service of default and breaches the liquidated damages (the company to provide professional training --The practice or otherwise). If other conditions agreed to pay default payments are illegal, contract is partially invalid. (legal clinic of Beijing Institute of Technology Legal Aid Center Li Dexin)

 

172Ask: Hello! I want to be the county levy to build Expressway ask you civilian curtilage, Adobe houses per square meter300Yuan per square metre, the land41Yuan price collection. If not signed also enforced collection. Is this legal? The village has half the villagers do not agree to the compensation scheme, because the village Homestead Land per square metre are600More, we also hope that the price of village and the village. Then we should be how to fight? For reply!

Answer:1According to the "Regulations", forty-fifth to implement the provisions of the land administration law, the violation of land management laws and regulations, to national construction expropriation of land, the land administrative departments of the people's government at or above the county level shall be ordered to hand over the land; refused to hand over the land, apply to the people's court for compulsory execution.

2For the land expropriation, compensation, the relevant legal provisions in our country by the province, autonomous region, municipality directly under the central government for compensation standard of cultivated land expropriation. If there is a dispute for compensation, can consult to the people's government at or above the county level, no consensus may apply to the people's Government approved the application for the project decision.(Zhou Shishu micro-blog Sina@i-nice)

 

173Q: I have a friend(She thinks she is my ex girlfriend)Come to my house and make,And cut,My alarm processing,I in order to maintain her face in the record that the relationship between male and female friends,The police mediation that let me take her to hospital treatment and evacuation of the home. I go to the hospital treatment for her back,She refused to go home on the grounds of wrist injury,I can only let her go to live in my house,And the morning after the re treatment,Between which,I go out for personal affairs need,Also got her to agree,But I at home,Found her wound reopened,But when the blood stopped,I'll go to work. Do the matter whether I have the responsibility?We are all full capacity.

Answer: Hello, thank you for your advice! You are not to blame in this matter.

1Refers to the so-called, legal liability for violations of the legal obligations or contractual obligations, or improper exercise of legal rights, the power generated, adverse consequences borne by the behavior of people. You in this matter has no subjective hurt your friend's intention, objectively also did not implement damage behavior;

2You two, per capita for full capacity, you have no obligation to care, care for your friend, so she stayed at home in your period of self harm behavior you no responsibility. (legal clinic of Beijing Institute of Technology Legal Aid Center Li Zhenzhen)

 

174Ask: have a good teacher! Ask a question, about marriage, in a family of five (in both men and women, two children, his father) now the female court for a divorce, the reason is because the rupture separated two years feelings. When the sub property has encountered a problem, the man in the separation time with his father's name to buy a house, can the woman into the house now? Or can claim is the joint property of husband and wife?

Answer:1"The man, with his father's name to buy a house" I wonder if there is no sufficient evidence to prove that? If you can't prove that the house is he financed the purchase, or the purchase of the family property, then according to the housing property registration, the house belongs to the father of the man's personal property, the woman has no right to share.

2If there is sufficient evidence, the house is full funding for the purchase, the purchase of housing is due in the marital relationship continues to exist, the woman has the right to claim the housing identified as the joint property of husband and wife segmentation. If there is sufficient evidence to prove that the house is the family property purchases, the first family members do in the family property division, and division of common property.

3Note, also, necessary and sufficient conditions of divorce is "couples that have been broken", this point by the judge according to the statement, the judgement of evidence. Therefore separated two years not affection of the sufficient condition. In fact the current divorce proceedings, many parties (divorce cases the defendant) will be "off" and "not" as a means to the game, in order to exchange for the other property of mediation to make concessions, the point can be put to good use, proper attention and good response. (Liu Haitao, Sina micro-blog@Colors fade)

 

175Ask: that is the case. We have4A window of the house, My father and my father brother per person2A window. But in this room4A window is my brother's name, We should do? According to the next year6Month of immovable property provisions are the effects? My father brother want to transfer, but the Land Bureau said to re measure the house, we can build a little big, Land Bureau will use this excuse for not, To request the leadership of flash1Over the years.

Answer:1You said, "next year6"The State Council on immovable property shall be promulgated and implemented no unified real estate registration system, and the implementation of information network real name registration system, is the perfect registration system based on, if your father and your uncle before this transfer smoothly, or restructuring to the new property registration institution change request can also be just a question of form,, not for your influence.

2About the land bureau is not timely, as the problem, we recommend that you first go to the transfer department shall urge the housing measurement examination and approval work for you. At the same time according to the information provided by you, if your house is the extension, whether the extension was approved legal procedures, will affect the administrative departments for your transfer procedures. If the extension formalities complete, but urged the transfer has failed, according to the "administrative review law" article sixth "in any of the following circumstances, citizens, legal persons or other organizations may apply for administrative reconsideration in accordance with the provisions of this Law: (eight) that meet the statutory requirements, apply for administrative organ to issue a permit, license, qualification certificate, qualification certificate certificate, or apply for administrative organ for examination and approval, registration related matters, the administrative organ in accordance with the law has not handled......" May file an administrative reconsideration to the authority at the next higher level. If the reconsideration fails, according to the "administrative procedure law" can bring an administrative lawsuit. (legal clinic of Beijing Institute of Technology Legal Aid Center Hu Jinhua)

 

176Ask: Hello, uncle and aunt, my car hit the accident was on a motorcycle on the way to work, the traffic police department ruling party bear the main responsibility, my uncle secondary responsibility. Now the hospital has spent15Million, the other out9Million, out of our own6Million, the family did not to take the money, but also no money treatment, the hospital will stop taking the medication, I can apply to the court for execution? What materials need to provide and evidence?

Answer:1Your uncle, aunt, in a motorbike accident on his way to work, have recognized each other bear the main responsibility, negative secondary responsibility you uncle, in accordance with the law on road traffic safety, the other to your uncle, Auntie bear the liability for compensation, the other motor vehicle compulsory insurance underwriting institution should be in the insurance liability limit within the scope of your uncle, aunt negative compensation responsibility, at the same time you uncle own responsibility.

2Your uncle or aunt, my main responsibility is due to the non injured in a traffic accident on the way to work, according to byelaw of inductrial injury insurance, can apply for work-related injury and treatment of inductrial injury insurance.

3Your uncle, pay urgent difficult ability based on, suggested that he:A, apply to the traffic police team, by cross strong insurance underwriting department for payment in advance1Million yuan of medical expenses;BAfter the forensic identification, application, immediately sue each other owners and cross strong insurance, commercial insurance company, and puts forward the advance execution application;CImmediately apply for work-related injuries, identification, and the unit where the negotiation by the unit, the industrial injury insurance fund for medical expenses, or apply for labor arbitration, request execution work-related injury medical expenses.

4, the application, the general should be prepared to traffic accident, the other motor vehicle insurance information (can be requested from the traffic police team), issued by the forensic identification, medical institutions need to pay follow-up treatment costs, and to your aunt and uncle unit, community require their economic status certificate. Is that two key facts:A, other vehicles, insurance company should take the main responsibility for compensation;BYour aunt and uncle, for treatment of the urgent need to advance the medical expenses, otherwise it will affect the treatment process.

5The application of various legal relations, concurrence, procedures are more complex, suggest you uncle and aunt to difficult to demonstrate the application of legal assistance to the local bureau of Justice Legal Aid Center, by the professional guidance. (Liu Haitao, Sina micro-blog@Colors fade)

 

Question: Thank you. My uncle is a mason, to private contractors to do the site, also did not sign a contract, they are home at noon after dinner on the way to work out the thing, will be able to calculate inductrial injury? There are other people who drive not the owner, the car itself only bought a compulsory insurance, the insurance company has paid1Million, can now go to the insurance company? There is now the treatment isn't the end can be disabled to sign? According to the present situation, we Is it right? Only to court each other, to pay the cost of treatment, after treatment follow-up compensation to be?

Answer:1Private contractors, site if it involves the labor dispatch behavior, may apply to the management of local labor administrative departments apply for work-related injuries. Inductrial injury to be hired for a party to claim compensation.

 2The maximum amount of motor vehicles, cross strong insurance to pay for, in general10To12Million.

   3It should be signed, disability general at the end of treatment, but this does not hinder you apply for prior execution of medical expenses. Subsequent compensation after identification, be put in a claim for damages.

   4If you belong to, family economic difficulties, can put forward the application for legal aid to the local legal aid institutions or the administrative department for justice, approval will be legal aid lawyer. (Zhang Tingyuan, Sina micro-blog@Zhang Tingyuan lawyers)

 

177Ask: Hello. I is the unit of employees of dispatch system, has encountered two problems, one is not enjoy equal pay for equal work. Two are in the labor contract signed, the contract unless otherwise fixed monthly salary performance, to the current month only salary, no performance. Excuse me, is this legal? Thank you.

Answer: first of all, the labor law stipulates wages equal pay for equal work. The second problem employing units did not perform the contract, illegal, and can be used in the same unit consultation or labor arbitration. (Intern Jin Yu)

 

178Question: what is the price, identification, intentional destruction of property, if apply for re identification have time limit? Damage identification of price was whether or not to notify the suspect?
Answer:1, in accordance with the relevant provisions of the criminal procedure law, criminal suspects, the victim has the objection to the expert opinions, may apply for re identification and supplementary identification. Period for the complementary identification and re verification, criminal procedure law and the public security organs shall handle criminal cases are not prescribed procedures. If you have any suspects, victims, suggestions are put forward in time after the receipt of the assessment.
   2Should be based on legal documents, expert opinions (expert opinion notice) form told the suspect and the victim, or may be deprived of the suspect, the victim for the complementary identification and re verification of rights. (Gao Jichao, Sina micro-blog@First law)

 

179, q:A few years ago to buy traffic bureau subordinate factory building, with no heating, power supply, will pay sixty percent of 1629 contracts, heating, electricity, and pay the balance. Later I heard that the relocation, the factory to sell, I do real photo actually not to handle, the reason is the house transfer to developers, and developers for real illumination was gone, my house also will come back? I still live here, but now they say the property does not belong to me.

A: Generally speaking, the sale of housing need to handle the transfer procedures to obtain housing ownership. Because you buy the building itself is office space, not the residential nature of the commercial housing, factories belonging to change housing purposes and the sale, so you can not handle the transfer procedures from first to last, is impossible to obtain the ownership of the house. But according to the situation you describe, the factory may breach of contract case during the performance of the contract signed with you in, you can to the local people's court, demand it to bear the liability for breach of contract, compensation for your loss. (Chongqing lawyer Zhang Tingyuan, Sina micro-blog@Zhang Tingyuan lawyers)

                                                                     

Question: I would like to ask, compensation for breach of contract is to compensate how many? I buy a house a few years, now the house has appreciated a lot! Now is the real picture by developers for developers to go to, just bought this factory, have the right to handle the real picture? 

Answer: if the contract is a breach, they agreed that the penalty. If not liquidated damages, may claim the appreciation part of the loss. If the developers are handled according to, property has been transferred, you lose the house advocate the right of ownership. Zhang Tingyuan,Sina micro-blog@Zhang Tingyuan lawyers)

 

180Q: in2012Years01Month for the Great Wall broadband, the Great Wall broadband private independent print customer invoices after installing the the Great Wall broadband after the same day or within three days. These are in2013Years4When the month called the Advisory learned before, did not know. In the2013Years4Month call the Great Wall broadband staff, got the news is not in accordance with me now2013Years to print invoices, because in the2012Year January has been printed out. But until I2013Year April phone just know. Later, the Great Wall broadband staff told them to find out before2012In January they privately printed invoice, let me take in the past. But you also know,2012The invoice is not possible in the2013Years of reimbursement. So I asked them to bring me to print, but the Great Wall broadband reply may not. Therefore, to ask the master, if you want to print2013Years of invoices should be how to adults. Note: the contract to2013-06Month. Thank you

Answer:1I think the Great Wall broadband, no major mistakes, reason is that after the signing of the contract, have to print out the invoice, but may be without notice to you, but you2013Years before the thought of invoice, itself is remiss in exercising their rights, whether it is from the legal point of view, or from an adult life experience, are difficult to support your claim, saying the law: the law does not protect lying on the rights of the people. Advice: next time actively to safeguard their own rights and interests. (Sun Jianzhong lawyer, Sina micro-blog@Shanghai lawyer Sun Jianzhong)

 

181, q:Three years ago I steal my girlfriendQQI and others, to chat, to disseminate, impact!I can chase the responsibility?

Answer:1Forty-two, according to the provisions of article sixth, the public security management punishment law peep, candid camera, tapping, spread the privacy of others, can five days detention or a fine of five hundred yuan, in serious cases can be below the level of more than five days to ten days in jail, impose a five hundred yuan fine.

2, you can bring a civil action to the invasion of your privacy grounds.(Zhou Shishu,Sina micro-blog@i-nice)

 

182, q:Affray can bail?

Answer:1, constitute the crime of Affray3Years in prison, detention or control, if the circumstances are serious3Years or above10Years in prison. Specific provisions refer to provisions of article 292nd of the criminal law. If not enough into the crime of affray, crime of affray is illegal behavior, according to the provisions on the punishment of law be punished, for15Days detention or a fine.

   2Marquis examine, bail is a kind of coercive measures, is a restriction against criminal suspect behavior has constituted a crime or freedom of measures, not the final legal punishment. The parties, lawyers or their close relatives may apply to the judicial organ. Whether to allow the judicial authorities decided by the case handling.

  3Condition sixty-fifth, the criminal procedure law of the people's Republic of China to bail out marquis examine clear provisions for the. You can according to the actual situation in compliance with the conditions. Zhang Tingyuan,Sina micro-blog@Zhang Tingyuan lawyers)

 

183, q:One thing I would like to ask, I have a suite by others lived, property certificate is my name, enforce let him out through the court, has1Years, the executive board has not as, I have what way back to my house?

Answer:1The people's court, on the basis of the provisions of the civil procedure law must implement effective judgment or ruling. The implementation period according to the Supreme People's Court on the strict implementation of certain provisions of trial period and system, generally6Month, there are special circumstances may be postponed3Month.
   2Due to the specific contents of the judgment, the people's court does not involve you in narrative, we cannot determine the cause court delayed execution of reason.
   3If the people's court, have delayed the implementation, according to the provisions of the civil procedure law, you can appeal or complaint to the supervision department of the people's Procuratorate at the same level of civil administration to a higher people's Court on the. (Zhang Tingyuan, Sina micro-blog@Zhang Tingyuan lawyers)

184, q: Both parties because of debt disputes affray, debtors two seriously injured. Now creditors when hundreds of people at the scene, has been arrested40Come, led not caught, Is it right? To catch the whole to court? It is now a caught people applying for bail to have much chance approved? If two people injured by relief no falling damage, both sides there may be private?

Answer:1, clear facts, irrefutable evidence of the case, do not need to be caught all the participants together after the prosecution. For not caught the suspect judicial organs can be dealt with.

2Condition sixty-fifth, the criminal procedure law of the people's Republic of China to bail out marquis examine clear provisions for the. You can according to the actual situation in compliance with the conditions.

3The crime of affray, causing serious injury or death, according to the crime of intentional injury or intentional homicide penalty (see article 292nd of the criminal law). According to your complaints, crime of affray wounded should be imposed according to law3Years or more in prison, there are other statutory mitigating circumstances (such as voluntary surrender, meritorious service, except). In the case of public prosecution, the parties have no right to private settlement.

4, if signed memorandum of understanding and the victim, may be given a lighter punishment according to law. Zhang Tingyuan,Sina micro-blog@Zhang Tingyuan lawyers)

 

185, q:What interpretation of marriage law two article24A when to modify or repeal

Answer: the marriage law explain two article24Not abolished, still valid. Sha Muyan,Sina micro-blog@Samut study law)

 

186, Q: Hi, I want to consult one thing. My aunt in2000Years of time andATo open a restaurant, a man pulled out50Million, legal representative person is HotelABut the two sides did not sign any agreement.08Years there are contradictions between the two sides, separated. Store all giveAMy aunt is required to pay, take out the original50Million.AIn the08Years of time to22Million, and later in the third party mediation signed a repayment agreement, but the agreement is madeASon signed. Now my aunt to go to court,ADoes not recognize the son agreed to sign, saying its unwitting. The court said there was no other evidence in addition to the repayment agreement and facilitator of oral, insufficient evidence. My aunt is lost. What do we do now, my aunt30Million will be back?

Answer:1, because, do not see your judgment and relevant evidence, so only you oral information, that you lost the reason is the lack of evidence, I think this decision is a problem, because the repayment agreement, and the son's signature, and a mediator of testimony of witness, as the evidence to corroborate each other. There is insufficient evidence, is not, however, if not corroborate each other words, may lead to the risk of losing.
  2, my advice is, if present in the first instance to end it, suggested that the appeal, if the second end, suggest appeal or retrial. At the same time to reinforce their evidence, it is best to add some new evidence. (Sun Jianzhong lawyer, Sina micro-blog@Shanghai lawyer Sun Jianzhong)

187Ask: Hello! Sorry to disturb the holiday. My father works in Tanggu site, twenty-seven night10Around the point in the hotel acute cerebral hemorrhage, now the condition is stable, is left limbs incoordination. I would like to ask, in the evening, when the rest of the accident, whether their companies have a responsibility? But medical diagnosis are said to have hypertension, because before and not too much attention, not checked, so that the past history is uncertain. Because the project is outsourcing, my father is not their employees, integrated the above points(Informal employee, the night to rest, may be caused by hypertension)In addition, they bear the medical expenses, whether also should undertake follow-up costs, the amount of compensation limit approximately how much? My father paid roughly200Yuan a day.

Answer:1According to the "Regulations", "industrial injury insurance and work-related injuries that way", not a basis for ascertainment of a work-related injury is the official staff, the key is indeed due to work-related injuries, as long as your father and the employer of labor relations can indeed.

2According to byelaw of inductrial injury insurance ","14,15Provision, your father hurt if because of work related and sudden high blood pressure, so it does not belong to inductrial injury, without liability of employers.

3If your father, the accident is the working relationship, you need to "labor ability identification of work-related injuries and occupation disease disability grade" do preliminary judgement to the labour dispute arbitration committee for work-related injury confirmation. After the confirmation according to inductrial injury results according to "Regulations" in industrial injury insurance treatment of inductrial injury insurance shall be paid by the employing unit costs, (including medical expenses, food allowances, medical injury period wages, please refer to the specific regulations). (Beijing Institute of Technology Legal Aid Center Jin Rui)

 

188Q: my house:, son9Years old.4When suffering from leukemia7Treatment was completed at the age of.Home with a light all savings.Then the husband's brother to find her husband to help guarantee with husband friends borrowed two hundred thousand cash. The contract is written by three hundred thousand. Then his brother Run away by my husband, friend Sue debt.Her husband with his boss also counted the money. But on the monthly salary IOU note return half of the boss. At present, only half of the monthly salary can not fundamentally solve the basic living. What we can sue his brother and his wife returned? His brother long not to go home, he took a nine year old son and wife alone support his family, he could not find his wife I can ask the monthly return of one thousand or two thousand? Or can ask the court let him real debt(His room had five years of value100Million)? Sell the house they can go back to her home, find ideas how to get the money back!

Answer: according to the guaranty law article31The provisions of article"The guarantee, have the recourse against the debtor."So you can to your husband's brother claim you have responsibilities, their houses belonging to the joint property of husband and wife, you can sue to the court in their common property belonging to the debtor to fulfill the requirements of part, liability for compensation, the application for enforcement Wei Liujing Sina micro-blog@And blue Kongruo bamboo) 

   

189, Q: I was in Anqing, one of my relatives do clavicle internal fixation operation in a local township private hospital, failed operation more than a year, clear film display plate broken, after the county health bureau to do operation doctor has no physician's license, but the hospital medical records written on doctors and give my relatives do operation is not the same, do identification for medical accident when found the hospital gave us print medical doctors inconsistency problem, which is the city health bureau is not accepted the case, the reason is the doctor-patient materials of TCM is not consistent, how to do?

Answer: to the hospital medical malpractice disputes will be sued to the court, if the hospital to alter the medical record, according to relevant provisions of tort liability law, can be presumed hospital has fault. (Sun Jianzhong lawyer, Sina micro-blog@Shanghai lawyer Sun Jianzhong)

190Ask: Hello!Ask a question:In November of last year.I'm in land rights are the other three people to play,When playing110To alarm. The police to the scene mediation, an apology and pay medical expenses. Can I come out from the hospital after.The police did not mediate, ask lawyers, I can sue the police do?

Answer: the mediation of police station does not belong to a specific administrative act, non actionable, you can direct the prosecution have disputes with your partner.(Sina micro-blog@When studying law)

 

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

Major case./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 caseCASETencent/Sohu@Major case

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