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 391st to 420th legal consultation

 

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

 

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:

 

391, q:Hello. I would like to ask the field in Beijing agricultural registered permanent residence of the working people, in2011Years7Months before, units in accordance with the endowment insurance of Beijing minimum wage standard for, and I pay more than the minimum standards high, so is this legal? Whether I can pass the arbitration request old-age insurance compensation?

Answer:1Individual pay social security, the base will be adjusted in January each year, the annual average wage of my month as adjust the base, if the average personal monthly income is lower than the local social insurance shall be in accordance with the lower limit, lower limit of social insurance base as individual base pay, if high, with the average wage I month of last year as base pay to pay the unit pay, only the lowest standard practice is illegal. In addition, social insurance is based on the average wage last year month year adjusted basis, is not consistent with the local minimum wage standard, generally higher than the standard of local minimum wage.
  2, in accordance with the "labor dispute mediation and Arbitration Law" article2Article4The provisions of paragraphs, scope of social insurance disputes belongs to the labor arbitration, you can apply for arbitration to the labor arbitration department. But there is a limitation of arbitration, according to the "labor dispute mediation and Arbitration Law" article27The provisions of article:"The period of limitation of labor dispute arbitration for one year. Arbitration time period from the party knows or ought to know the rights have been violated from the date."That is to say to2012Years7Month, you have been a limitation of arbitration. Of course, if you can prove that in2011Years7Months after you to the company advocated overdue social security, to the relevant departments to reflect the problems or the company agreed to pay for you, the limitation of arbitration can be calculated again; if not a force majeure event, such as the serious natural disasters and other barriers to your claim, never can cause the elimination of the event of force majeure within, arbitration shall resume calculation. Based on your description, unit to you pay social security situation if happened in2011Years7Months before, not to take place this kind of situation, if the limitation of arbitration without interruption or termination of the legal provisions, the arbitration institution may accept your application for arbitration, but generally will refuse your request for arbitration.
  3, if have the limitation of arbitration, suggest you go to the social security institutions in Beijing local complaints were resolved. (Du Hongtao, Sina micro-blog@Wilsonduht)
 

392, q:Party A sells cement merchants in advance, because some buyers of cement, for some reason, about a dozen so much, one hundred and twenty thousand is the total amount, were all played IOUs, and promised delivery, but the party for some reason the deliveries are late, but buyers will also collect arrears one thirty do not come out. Now buyers on the prosecution to the Public Security Bureau, they will swindle arrested at the detention house shall. Excuse me, this is belongs to the crime of fraud do?
If the fraud convicted, sentenced to many years in prison, a debt to be how to do? The family couldn't raise the money and how to do?

Answer:1In our opinion, does not constitute a crime of fraud, the last has been answered, specific reasons not to go into details.
2Then, if the crime of fraud, sentencing range is three to ten years.

3Fraud, money if you can back then, when sentencing appropriate lighter punishment. (Sun Jianzhong lawyer, Sina micro-blog@Shanghai lawyer Sun Jianzhong)

393, q:Xu lawyers Hello, I have a friend, his son is his wife with her ex husband born then brought together to marry him, before his father willed the property to him, did not think of my friend before his father died a step. Now the death of his father, his son asked, whether the segmentation heritage.

Answer:1First, your friend died, he has no will therefore his legacy by statutory succession. General: his father, his son, his wife three equally heritage, 1/3 per person.
According to the tenth law of succession: "heritage" shall be inherited in the following order:
The first order: spouse, children, parents.
Second in order: brothers and sisters, grandparents, maternal grandparents.
After the opening of succession, by the first order heir accedes, the second order of the successor does not inherit. No successor first in order of succession, by the second order heir accedes.
Referred to in this Law include legitimate children, children, children born out of wedlock, adopted children and stepchildren maintenance relation. The parents mentioned in this law, including the birth parents, adoptive parents and stepparents dependency relationship.
Referred to in this Law include the brothers and sisters, brothers and sisters, half brothers and sisters, adopted brothers and sisters, brothers and sisters of the decedent.
"Inheritance Law" the thirteenth first Successors same in order shall generally be share of inheritance, equal.
2, have raised the relationship between children with children enjoy the same right of inheritance. From grade, recognized as a right of inheritance. This how to affirm without legal provision, identified in practice: one is from the economic aspect, the parents of the children education or the cost of living pay part or all; two is from the life, the parents and children living together for long time, and in the daily life care, help children.

3In the statutory succession, testament potency priority, friends of his father's will show all the legacy inherited by friends, and friends before the death of his father, is a friend of my father heritage legal succession process. On the basis of: "Inheritance Law" article twenty-seventh in any of the following circumstances, the part of the estate shall be dealt with in accordance with statutory succession:
(a) where a testamentary successor or legatee abandon abandon inheritance by bequest;
(two) where a testamentary successor is disinherited;
(three) testamentary heirs, legatee predeceases the testator's death;
(four) part of the heritage of the will is invalid;
(five) will not dispose of the heritage.
4Children's children, did not inherit in subrogation right. According to the Supreme People's Court on the implementation of "Inheritance Law of the people's Republic of" opinions on several problems of article26The decedent's children, has formed the nurture relations following the children only child can inherit in subrogation by succession; biological children, children can inherit in subrogation; the decedent child raising children can inherit in subrogation; has formed by the decedent children adopted son female can also inherit in subrogation by succession and.
5Conclusion the theory,, your friend's son can inherit his father's heritage1/3Your friend, have no right to inherit his father's legacy. (Wang Shuo, Sina micro-blog@Leon_W1984)

 

Supplementary answer: minor children or not independent life, father or mother remarried, the children are brought up by the stepfather or stepmother, have been prepared by blood. It is born out of wedlock. The marriage law article25The provisions:"Children born out of wedlock enjoy the same rights and legitimate child, no one may harm or discriminate against them."
   Article27The provisions:"Stepfather or stepmother and education by the raising of children between rights and obligations, the relevant regulations of this law apply to the relationship between parents and children."That is to say, parents have what rights and obligations, and have raised the relationship between stepparents and what kind of rights and obligations. Children have what kind of rights and obligations, and dependency relations following the children have what kind of rights and obligations.
   China's inheritance law eleventh"The decedent's children before the death of the decedent, inherited by the heirs of the children of the direct lineal descendants of subrogation. Descendants who inherit in subrogation generally only inherit his father or mother has the right to inherit the legacy of the share."Here said the direct lineal descendants include prepared by blood.
   Summary: the descendants who inherit in subrogation can be inherited by the heirs, in accordance with the law, when the heirs of the decedent prior to death, the successor to the inheritance of human heritage belongs to the descendants who inherit in subrogation share. In this case if the child relationship was prepared by blood, then he would enjoy all the rights endowed by laws, not be deprived of the right of subrogation inheritance! (Zhiqiu guest, Sina micro-blog@zhiqiuketaoqibao)

 

Ask: that my friend's wife could not attend the inheritance? Because my friend and two brothers, they claim that he had returned two of them all? So my friend's wife and children cannot be inherited?

Answer: friend died, his father's will fails, classified as statutory succession; his wife is not heir. But if his wife on his father for his father to do their duties, but also can be used as the first order of succession, and friends of the two brothers inherited his father's legacy. (Wang Shuo, Sina micro-blog@Leon_W1984)

 

394Three, ask: borrow money to Li Si, Wang Wu Zhang San as a guarantor, and later found three premeditated fraud, loan to many people, has been the public security organ for investigation, suspected of illegal fund-raising, fraud, charges. Is Wang Wu still need to assume security responsibility.

Answer: Wang Wu needs to assume responsibility for security. Although the Zhang San in the criminal constitution of crime of fraud, but in the civil, should be recognized Zhang San at the time the contract was signed, the subjective constitute fraud. Damage to the fraud is the interests of Li Si, according to the provisions of the contract law article fifty-fourth, shall be deemed to be revocable contract. The behavior of a borrower loan fraud, the law of contract fraud, the creditor enjoys the right of revocation. As long as Lee four not to revoke the right, Zhang San and Li four main contract between the effective. The main contract, the guarantee contract is still effective, the guarantor must undertake the guarantee responsibility! (Zhu Wenliu, Sina meager@Major case-Zhu Wenliu.

 

395, ask: add: we went to Haidian for arbitration endowment insurance compensation. From the2007Years4January2012Years12Month, companies are in accordance with the minimum cardinality I pay, Haidian arbitration for windows2011Years7Months ago to pay in accordance with minimum cardinality is legitimate and not the arbitration, and the2011Years7Months later, arbitration. He did not mention the limitation. Ask him for? Haidian arbitration has always stressed that2011Years7Month

The original question: hello! I would like to ask the field in Beijing agricultural registered permanent residence of the working people, in2011Years7Months before, units in accordance with the endowment insurance of Beijing minimum wage standard for, and I pay more than the minimum standards high, so is this legal? Whether I can pass the arbitration request old-age insurance compensation?

Answer: according to the Beijing city social security tax practice, for the2011Years7Month1The day before, has been in accordance with the minimum cardinality of social security payment of social security, even lower than the average wage level month, also cannot repay,2011Years7Month1Days after the may require companies to pay, the Beijing city is not the relevant provisions, but the actual operation is so of the operation, it is understood, mainly because it does not support Beijing city social security system2011Years7Months ago back operation.

    As for the aging problem, since the time you request a supplementary continues to2012Years12Month, so now apply for arbitration does not exceed the limitation. (Du Hongtao, Sina micro-blog@Wilsonduht)

 

396Ask: Hello, I'd like to ask: two drug, drug addicts and reeducation through labor before, now Is it right? Have a new law in two drug addicts must accept again labor education?

Answer:1,1990Years of "National People's Congress Standing Committee decision on drug control" the eighth stipulation: "the taking or injecting drugs, by the public security organs at fifteen days detention, can be single or impose a fine of two thousand yuan, and seize the drugs and smoking, injection equipment. Smoking, injecting drug addiction, in addition to the punishment in accordance with the provisions of the preceding paragraph, be forced to quit the addiction, treatment, education. Forced to quit after taking or injecting drugs, can be re education through labor, and forced to quit in the reeducation through labor."

2", however, the NPC Standing Committee decision on drug control" has been "abolished" the narcotics control law of the people's Republic of China, since the2008Years6Month1The date of promulgation. There are no provisions of reeducation through labor.

3Drug addiction, of course, will be compulsory isolation detoxification in accord with certain conditions. Legal basis: "the narcotics control law of the people's Republic of China" thirty-eighth: "drug addicts in any of the following circumstances, by the public security organ of the people's government at or above the county level shall make forced isolation treatment decisions: (a) refused to accept the community rehabilitation; (two) smoking, in the community during the injection of drugs; (three) serious violation of community rehabilitation protocol; (four) the community rehab, compulsory isolation detoxification again after smoking, injecting drugs.

For drug addiction is serious, the community is difficult to kick the habit of personnel, the public security organ may directly make a decision of compulsory isolation detoxification. Drug addicts voluntarily accept the compulsory isolation detoxification, agreed to by the public security organs, can enter the compulsory isolation for drug rehabilitation places." (Li Cuiyan, Sina micro-blog@But the flowers23)

 

397, Q: so, my father works in a school, the original is the deputy secretary, but2009Years back second line,2010I need to buy a house, father is rich, but the investment products take not to come out, so my father from the school library21Million, the school's financial directly to my card, ten days later, the father deposit the money due immediately returned, borrow money played IOU, financial also into account, but I don't in this to my father, and now the school principal is survey of economic problem, you see, my father would not have what's the problem?

Answer: according to the "PRC Criminal Law" article 384th of the relevant provisions of the crime of misappropriating public funds is your father in principle will not be held responsible.
The reasons are as follows:
First, your father retired, does not belong to the national staff, and your father not lenders, not in conformity with the provisions of the criminal law on the crimes of embezzlement crime,That is to say your father hasn't been investigated for embezzlement of public funds and qualifications.
Second, your father from the school financial loan21Million to buy housing does not belong to the "criminal law" stipulates that the 384th are engaged in illegal activities, for profit-making activities, and your father has timely repayment, do not meet the "criminal law" provisions of article 384th of the larger amount of misappropriation of public funds, more than three months is not also the case, so they do not constitute the crime of misappropriation of public funds.
In addition, remind you, your father has to repay loans, so it is best to find the IOUs, in order to avoid unnecessary disputes. (Zhang Shulei Sina micro-blog@I1992)

398, Q: Hello, please help me, my husband has a house in Guangdong, is writing the father-in-law, mother-in-law, husband3The person's name, but also the poor house20Million commercial loans without also, my father-in-law signed a bill in the provinces, others now suing my father-in-law in the provinces, and now I want to sell the house in Guangdong, but father-in-law said the house to the bank froze, need to auction, is this legal? If the bank auction, we deduct the commercial loans, also can put money back? My father said that if the auction of the money, deduct the commercial loans, but also to his share back to the plaintiff, that my husband mother-in-law that also to be returned to the plaintiff?? The bank will auction when most quickly??10Million urgently, is really lost, thank you!

Answer: in this case involves property actually belongs to your husband, mother-in-law, father-in-law of common property, should be based on family relationships are common property, a person in a family in debts shall be borne by the family property, so your father-in-law debts shall have family property assume, housing price auction proceeds naturally will pay the plaintiff and bank debt, the remaining part will be returned to you.
The court to freeze the property in accordance with the relevant provisions on Preservation Program "PRC Civil Procedure Law", is the legal behavior, as will the court when the court auction houses please consult. (Zhang Shulei, Sina micro-blog@I1992)
 

399, ask: Hello, my family lived in a residential area, people use a floor utility room open mahjong, every day people, no effect on the coordination, ask me how to safeguard their own rights and interests?

Answer:1The legal basis for the first, "property law" seventy-seventh article: the owner may not violate the laws, regulations and management rules, will be changed to residential and business premises. Owners will be changed to residential and business premises, in addition to complying with the laws, regulations and management rules, shall be subject to the consent of the interested owners. According to "explain" the Supreme People's Court on several issues of specific application of law in the trial of cases of condominium ownership disputes, the provisions of article tenth: the owners will be changed to residential and business premises, not in accordance with the law the provisions of article seventy-seventh with the consent of the interested owners, the interested owners request to remove the hindrance, elimination of danger, restitution or compensation for losses, the people's court shall support. Rule eleventh: the owners will be changed to residential and business premises, other owners of the building, should be identified as the property law article seventy-seventh referred to "an interested owners".

2The analysis of the case you live in residential area a building to open the mahjong must belong to a house used for business purposes. Without the consent of the interested owners (including you), is the enjoyment of the rights prescribed by law.

3Suggest that you want to live in this community, the first: you can talk to him the best solution through consultation, and solve this problem (but this negotiation can tell him the legal basis, to warn each other), because prevent future conflict between neighbors, not conducive to the harmonious neighborhood relations, you also don't want to, because it is affect your mood. Second: reconciliation impossible, may request the residents committee. Third: the mediation is invalid, can sue to the court. (Zhang Jun, Sina micro-blog@That year, lost)

 

400Ask: ask:Police have seized power legal basis for motorcycle?They seized on the spot should perform what procedures?What is the remedy?
Answer:1Traffic police have legal basis seized power motorcycle
First of all, for the power car in many places is not allowed on the road, but because the booster motorcycle itself does not require a listing and a lot of people in the use of a permit, so the police for booster motorcycle is often closed one eye open one eye. Judging from being seized power car, where you are not allowed to power the car on the road.
Secondly, you so-called booster motorcycle engine cylinder capacity is70CCExceed50CCOn the basis of the state, for the motorcycle emission regulations, the engine is less than30cc, the maximum speed is less than20Km, shut down power and pedal driven bicycle is in accord with the provisions of the state. For50ccAbove, is a motorcycle, driving license forEThe number plate, black on yellow, motorcycle is a kind of motor vehicle. According to "the people's Republic of China Road Traffic Safety Law" article eighth, the provisions of article nineteenth "motor vehicles registered with the traffic control department of the public security organ, may run on the road", "driving motor vehicles, shall lawfully obtained a motor vehicle driving license." So, the traffic police is a legal basis for the seizure of your car.
2If it is held on the spot, so it belongs to the act of administrative coercive measures, the measures of procedures, can refer to the "road traffic safety violations processing procedures" article23Article
(a) orally inform the violator of the illegal behavior, management of the basic facts, will make the administrative compulsory measures, according to their kinds of rights in accordance with the law.
(two) listen to the statements and arguments of the parties, and if the facts, reasons or evidence was founded, we should adopt the.
(three) the production certificate administrative coercive measures, and inform the parties in the15Accept the treatment to the designated place days.
(four) certificate administrative coercive measures should be sealed by the parties, the traffic police signature or signature, and affix the seal of the traffic administrative department of the public security organ; the parties refused to sign, traffic police should be indicated in the certificate of administrative compulsory measures.
(five) certificate administrative coercive measures should be given to the party on the spot; if rejected, annotated by the traffic police in the certificate administrative coercive measures, namely served.
On the administrative compulsory measures, can be made by1Traffic police enforcement, and in24Hours certificate administrative coercive measures reported to the public security organ of the traffic management departments for the record.
3What it means?
Because of your power motorcycle is50CCOver a range of motorcycle, so you are undocumented unlicensed driving, so according to the legal way if you want to retrieve the need to do four things for a driver's license, registration, pay insurance and accept the punishment, the punishment according to the provisions of traffic law, is a serious violation of driving without a license, is a fine200-2000Element. The execution of the administrative detention at the same time, time is7-14Day. But if you want to open the mind, please post or driver's license, registration, make these three pieces of insurance do. (Yin Shiyang, Sina micro-blog@White law)

401Ask: I, is a divorce case, I was in05Years3Month2Accept my ex husband, we know each other because of work and love, in order to marry us in06Years12Month money together for a suite, in07Years1Month11The day to get a marriage certificate, marriage has always been good. Until08Years have found themselves not pregnant, to check it is he has a problem, take him everywhere doctor knew he indiscretion. My own class, also put one's heart and soul into the care of his. Slowly I found that he always has the strange messages and phone calls, one or two o'clock at night sleep is also a telephone, he slept very dead phone are generally first I see, so I told him do not know how many times. Divorce is my ex husband to court, because he wanted a divorce and I in his lover and before a child is born. He and his lover have children I did not know, he always asked for a divorce, I didn't promise, but I promised to my departure to him away, but he can't wait, a paper will I tell. I want to open a court session that he and mistress is going to have on his family's mouth. First he said no debts, no common property. I just know he secretly will buy together we sell the house. He refused to say how much is. The second he took out a piece of computer print iou. We always have never borrowed any money to the mortgage, in the end I what also didn't get. Now his child was born, is in the judgment of divorce before down, how can I do?

Answer:1According to the Civil Procedure Law202Provisions, in a legally effective judgment for dissolution of marriage, the parties shall apply for a retrial. So, if the two judgment has come into force, it has to determine the lifting of marriage.
2 , property, the lack of key points are difficult to describe, from a legal point of view to judge. But according to the "marriage law" the first paragraph of article forty-seventh "at the time of divorce, one party is hidden, transfer, sale, destroys the couple's joint property, or forges debts in an attempt to seize the property of the other party, the division of common property, to hide, transfer, sale, destroys the couple's joint property or forge debts of a party, may be less divided or not. After divorce, the other party found that the above-mentioned acts, may file a lawsuit to the people's court, requesting another division of the couple's joint property." But please pay attention to aging, as well as the evidence preservation.
3On the problem of compensation for damage, fault, the judicial interpretation of the marriage law of thirtieth "a people's court accepts the divorce cases, should the provisions of the marriage law of forty-sixth, the relevant rights and obligations, inform the parties in writing. In the application of the forty-sixth marriage, should distinguish the different situation: (two) conforms to the innocent party forty-sixth marriage law provisions as the defendant's divorce proceedings, if the accused does not agree to divorce is not based on the provisions of the filed a request for damages, can be in within one year after the divorce will bring a separate lawsuit. (three) the no fault party as the defendant's divorce proceedings, the defendant is not based on the trial of forty-sixth of the marriage law stipulates the request for damages, the people's Court of second instance, shall conduct conciliation, mediation is not successful, inform the parties in within one year after the divorce be prosecuted." You are not involved in the trial details in this case, only the method reference.
4In this case, have legal trial, so that the evidence is the key, also have a significant impact on the subsequent parties to safeguard their rights. So in the future how to use legal relief, to provide the best one or two instance trial data. Deficiencies, please criticism. (Luan Xinghui, Sina micro-blog@Xing HuiEr)

402, Q: students in violation of family planning, was expelled from the school? How can I complain?

Hello, I am a very helpless students, I am2011Years to go to school, had been pregnant7Months, according to the national family planning policy currently speaking, I'm in family plan. When entering the school, also did not check this thing, in the2012Years5-6Month school family planning to call me, said I ", subject to punishment in schools, but there has been no tidings. Wait until I2013The first half of the year I completed my graduation thesis of internal audit and external audit, the school of graduate school and held that don't I reply, to be expelled, but no official documents to the yard. What should I do?

Answer: the first, from your description of view, the school said to punish you, but no written documents, and threatened to expel from your school, no official documents, the school program is the first problem, even if the school have the relevant regulations, also can't stop you reply. Second, you have to pay the fine family planning (i.e. social maintenance fee), description of the violation of family planning policy has been to punish you. Schools should not be held. Because the relevant provisions not your school as a reference, temporarily can only answer to this. (Zhang Jun, Sina micro-blog@That year, lost)

 

403Ask: Hello, my friend, your house will build houses, engineering contracting to a no personal construction qualification, the contractor has hired several master bricklayer, and I did not friends, my friend also not involved in the find workers to do, in the work process, the accident happened, my friend has given medical expenses8000Yuan, injured thirty thousand, and to sue my friend, in this accident, my friend has what fault, need to how much responsibility?

Answer:1The legal basis for the "tort liability law" article thirty-fifth, labor relationship formed between individuals, providing labor party for labor and causes damage to others, the recipient of the service shall assume the tort liability. If the party providing labor services due to service their damage, according to their respective process shall bear the corresponding liability. "The Supreme People's Court on certain issues concerning the application of law in the trial of personal injury compensation case explanation" article10Article: "the Contractor upon completion of the working process of third people cause damage or cause damage, the hirer shall not bear the responsibility for compensation. But the hirer for ordering, instructions or selection is at fault, it shall bear corresponding liabilities for compensation."

2The analysis of the case based on your description, your friends will give individual housing construction, only hope that it will eventually house built and delivered, and according to the result of payment. The building work by the contractor to complete their own, not by the hirer's command. The contractor has the independence. So the legal relationship should be relationship. Because at present our country for the rural residential construction activity has no special requirements, so the ordering, instructions or selection is not a fault, no liability. In this case, the injured person is the contractor or a worker employed by the unknown, if the Contractor shall, by its own responsibility, as is the case in your friends do not bear the responsibility for compensation. If he is to hire workers, according to the responsibility of the employer, contractor shall bear. Your friends will not bear the liability for compensation. According to the provisions of the law, your friend is not the liability of compensation for medical expenses, already there is no legal basis, may require the contractor to return. If voluntary compensation to the injured man, also can. (Zhang Jun, Sina micro-blog@That year, lost)

 

404, Q: sister relationship into a state-owned enterprises after work, ready to resign to the field, to not waste index, sister took my sister to sister name into the enterprise, contract and pay the social insurance, enterprise personnel know sister true identity but no tube, then sister will not have been combined with the change of name and social security retirement, sister, but after retirement, cannot enjoy the social security, then with sister counsel asked sister to give some compensation, sister is not willing to, both sides cannot reach an agreement, excuse me, sister of adults may?

Answer:1Sister after his resignation, the unit has to terminate the labor relationship.

2Sister into the work units, and the unit informed, sister does not exist the so-called replacement, should be regarded as the sister and the unit established a new labor relations.
3Units should be in time for the elder sister to declare pay various social insurance, such as not timely paid and not paid to the laborer, causes losses by the units responsible.
4My sister's social security should be regarded as not timely handle the transfer transfer procedures, it doesn't matter and sister.

5Sister for adults, should be prosecuted unit. Sina (micro-blog@Volunteer Wang Xiaotang)

 

405Ask: Hello. Legal advice. Roughly as follows: my wife saw part-time information, lottery shop night shift, lie between a day to a. A customer on the lottery said in wife class no money owed, because had been. But have been holding said no money again and so on, is almost a month. The boss on the grounds of the developing one and a half months salary. After the customer's house to discuss arrears owed money, not if really, in the110Before write ious on return, IOUS is written under the lottery bill. But by the deadline has not yet presented. The boss will continue dragging does not pay, said the money to come back. Has been to labor censorial, mediation. Let us go to the community, mediation desk said responsibility. Another: the night time to six pm the night11Point, every other day; to contact my wife lottery shop owner is said to be the public security bureau chief, although she says the store is her sister. Although only a few thousand dollars owed wages, want justice to solve. I hope to get your advice
Answer:1Legal basis "labor law" article50The provisions in the form of money, wages shall be paid monthly to labourers themselves. Shall not deduct or delay the payment. The labor department issued "Interim Provisions on the payment of wages" notice, the provisions of article sixteenth, due to the laborer reason if losses are caused, the employing units in accordance with the labor contract seeking compensation for economic loss. The economic loss compensation, can be deducted from the employee's wages. But part of the monthly deduction of not more than the monthly wage of workers20%. If the residual wage part after the deduction is lower than the local minimum wage standard, pay by minimum wage standard.2Analysis of the case due to your wife, leading to the lottery shop owner did not receive the money, your wife really caused a loss to the lottery shop. But according to the law, the lottery shop deduction you wife one and a half months salary is obviously wrong, deduct only each month20%. The remaining part of the requirements to be returned. And, there have been IOUs, the creditor is the lottery, lottery shop shop, no loss, this deduction you wife work is wrong, may request return of lottery shop. I think the labor supervision department said on condition of responsibility is a problem. (Zhang Jun, Sina micro-blog@That year, lost)

 

406Ask: Hello, I'm, countryside, village land, a land of villagers each man2Million dollars, my wife and2Land a child not yet, each person can only be divided6More than 1000 money, is this legal? In addition the village dead old man and marry the girl (some accounts have been moved out of the village land has not returned to the village) and their families can also be divided2More than. What legal basis? Thank you.

Answer:1, rural collective land expropriation, the general allocation of income is determined by the villager congress or the village team member congress discussion. The village committee and the group in making allocation scheme, the general will consider whether in the village villagers enjoy land and whether the accounts in the village. Both may be divided, with only one may be less a bit. Due to the collective land expropriation specific distribution plan law does not clearly defined, so the dispute, some courts will accept such cases, some courts have not accepted.
2Then, you said, you wife and children not assigned to the land in the village, Haruki in the allocation of land acquisition compensation for less money which in practice is often the things, reasonable or not because the law does not clearly defined, is that each person's own judgment. As for you the married woman's problem, usually in the practice of marrying Nongnv distinguish and marry city female, married urban women in general is not assigned, marry Nongnv in accounts remain in the village, did not take back his land, and like other villagers normal distribution, with a few points, but if the conditional transfer accounts do not transfer, may be less or not. As you said the dead man, because of the same land policy thirty years, died although the elderly people have died, but the land by his family continue to contract, under normal circumstances would like other villagers to participate in normal distribution.
3, back to your question, if you think it is not reasonable, you can consult lawyers to local, local court should accept such cases if accepted, you can file a lawsuit to the people's court, asking the court to your wife and children and other villagers average distribution. (Gao Jichao, Sina micro-blog@Volunteer Gao Jichao)

407, ask: Hello, I want to ask a question! Is in court by the police provide evidence, we doubt, can apply for themselves or third party survey?

Answer: according to China's Criminal Procedure Law Article fifty-sixth: the process of trial, the judges think that may exist in the fifty-fourth article of this law to illegal methods to collect evidence, shall be the court investigation evidence collection of legitimacy.
The party and the defender, agent ad litem shall have the right to request the people's court to illegal methods to collect evidence shall be excluded. For the exclusion of illegal methods to collect evidence, shall provide relevant clues or materials.
So I doubt is a party may apply to the court for investigation, but not by one's own investigation, legitimacy during the process of investigation by the people's Procuratorate to collect evidence of proof. After the court investigation cannot exclude the illegal collection of evidence, the evidence should be excluded. (Chen Zhi, Sina micro-blog@Day fixing)
 

408, Q: Hi, grass-roots government expropriation of basic farmland, to build a new countryside on the land sold to developers, housing construction. Per mu only25000Yuan, lower than the provincial government set price,2013The new land area of local comprehensive price31000Element. Farmers how to safeguard their rights, thank you!

Answer: the direct review can, below the provincial regulations is relatively easy to correct, lower than the national principle is not to say. Look at the government's approval.

 

409Q: court decision defendant, the plaintiff money several, the accused does not perform the payment obligation, the result is that the court gave the money to the plaintiff. To settle the case, the court practices as it?

Answer:1The people's court, the effect of the judgment or ruling, according to the law should be strictly enforced. In the absence of legal basis and in accordance with certain procedures required in the circumstances, other individuals or organizations shall not to perform the obligations specified in the judgment institute.
 2Around, for whom the ability and the right people to lose the practical difficulties and other special circumstances, introduced a number of judicial relief rules (including criminal infringement relief). There is positive significance to protect the difficult group of substantive rights. The fees charged by the judicial organ for by the local financial burden.
3, you are told, if a local people's court in accordance with the relevant rules of the local performance of payment obligations, no wrong. But the legal obligations are not regarded as the defendant has been fulfilled, in the ability to perform case, the people's court may resume execution of effective judgment or ruling. Sina (micro-blog@Zhang Tingyuan lawyers)
 

410Ask: if the property, now for the last will and Testament, old people still alive, formalities complete! Wait until the old man when one has passed away, the policy adjustment will not affect the notary will have finished? That is to say, although it does not receive the inheritance tax, if the old hundred years after the policy change, or the need for additional tax?

Answer: the testamentary succession is a kind of inheritance heritage, is inherited by free disposition of after the death of his property. Testamentary succession is dead, that is only in the decedent postmortem succession began, so that the inheritance behavior occurred in the decedent's death, natural law is bound by time, so if the inheritance that is required to pay the tax. As you said Testament notarization is one form of wills the establishment, legal effect is high, that a valid.

The effect of distribution will generally only to heritage. (Zhang Shulei, Sina micro-blog@I1992)

 

411Ask: Hello! Very glad to have the opportunity to contact this platform, also hope to get some guidance, as follows, my home has a old house, in front of a bamboo forest after the threshing ground, near the place after doing a small houses, a few years and family to move to town, small houses sold account transfer, now the new rural construction, Wei not notice in case cut bamboo, prepare together with the homestead change with farmland is the policy requirements, after talking to my account has not said in the non eligible for compensation, and eight families in the village all dare not utter a word, claims of each150We want to Wei, practice of consulting is wrong, my family is unable to enjoy the compensation, thank you!

Answer:1According to the "land management law," article62A, the homestead right of use to implement a house principles, rights shall not sell or sell land; of course, human rights can be sold, leased the homestead house, but it shall not apply for homestead.2According to the "property law" article152The land use right in accordance with the law, enjoy the rights to possess and use collectively owned land, have the right to use the land for the construction of housing and ancillary facilities. "Property law" article147A, buildings, structures and the facilities attached to transfer, exchange, capital contribution or gift, the buildings, fixtures and affiliated facilities construction within the area occupied land use rights be punished. The so-called "real go anywhere, to go with the housing." To sum up, if you have the ownership of forests, and retain the title in the punishment of the homestead, and if we can determine the bamboo house appendages, so the village committee approach is not appropriate, can be prosecuted for legal responsibility according to law. (Wang Yanguo, Sina micro-blog@Happy fruit Min Min)
 

412, Q: my mobile phone this morning more than eight points off in a taxi, get off after less than two minutes, I will give their phone numbers, then, on two times third times, being hung up! Call off! I go with a personal car, I sat in the copilot position! Ask him this behavior is a crime? If I can find him, or to find his license plate number, what can I do to protect their own interests?

Answer: the "criminal law" article270Article: "the custody of property of others illegally for himself, the larger amount, refusing to return, is less than two years imprisonment, criminal detention or a fine; if the amount involved is huge or other serious circumstances, two years less than five years imprisonment, fined. Others are forgotten or buried property illegally for himself, the larger amount, if he refuses to do so, shall be punished in accordance with the provisions of the preceding paragraph. The crime handled only, tell."
On the "large amount", not the relevant judicial interpretation to define, in practice, the general is5Thousands of yuan to2Million yuan between, all can decide according to their specific circumstances. Your mobile phone is forgotten, if your mobile phone to you the location of the crime of embezzlement, the standard of conviction, he constituted the crime of embezzlement. Because of the crime of embezzlement crime belongs to the dear, so you can go to court.
2If your mobile phone, no value to you the location of the crime of embezzlement conviction standards, and you can find him, and he also plays the mobile phone, then you can ask him to return the mobile phone. Legal basis: "property law" article34"The provisions of unauthorized possession of immovable property or movable property, the holder may request the return of original."
If he had sold the mobile phone, you can ask him to compensate for the losses, or knows or should know within two years as of the day the return of buyers, buyers of mobile phone demand. Legal basis: "property law" article107"The provisions of ownership or other rights shall have the right to recover the lost property. The lost property through the transfer of possession by others, the rights holders have the right to dispose of people without a request for damages, or the self knows or ought to know the two years to the assignee to request the return of original one day, but the transferee through auction or to the operator has a business qualification for the lost thing, people request right the return of original transferee shall pay a fee paid. The right to the payment of fees paid by the transferee, has the right to dispose of people without recourse." (Li Cuiyan, Sina micro-blog@But the flowers23)

413, Q: my mother from I was born three months left me, never a mother responsibility. Later my mother filed a divorce, the court is I to my father up, but my mother every month to take300Yuan living expenses, until the age of eighteen. Now I have22Years, I have never received my mother sent any living expenses, in what way to find her back eighteen years should belong to raise my living expenses, I ask the.

Answer: first of all, the marriage law36"The provisions of the relationship between parents and children, not the parents divorce. After divorce, whether the children custody of the father or the mother, they are still children of both parents. After the divorce, parents still have the right and duty to bring up and educate their children. After the divorce, breast-feeding period in children, breast-feeding mothers with the principle of dependency. After breast-feeding their children, by raising questions such as the two sides dispute can not reach an agreement, the people's court according to the specific situation of the rights and interests of the child." According to the legal provisions and the judgment of the court, your mother have to pay alimony obligations.
Secondly, according to the Supreme People's Court on the trial of divorce cases treated children raise a number of specific suggestions in Chapter11"Nurturing fee payment deadline, generally to children eighteen years of age." Since eighteen years after the basis of court decisions and legal provisions, cost of living is not paid on the principle of the obligation of mother. As for the eighteen years before has not paid the cost of living, according to the provisions of the period of limitation of action about the limitation of action in civil procedure law 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. So according to your situation has been a limitation cannot claim to be returned for living expenses.
Once again, your father in as your guardian period has delayed the rights of suspects to claim damages, so you can ask your father the torts.
Finally, according to the law, even if the divorce parents are parents, parent-child relationship can not be blocked by divorce, in the future if there is a need to perform their obligations of , still need each other. So the debtor creditor relationship has disappeared as natural obligation can not claim, but the potential dependency and maintenance fees are still in. Sina (micro-blog@Volunteer Liu Xiaoqiang)

414, q:09Years10I help a friend for the work, but also through the so-called ability to anyone who is looking for a job that makes a person introduced, give this man4Million dollars, but did not find the money, now give me5000Block, and then has been in tow, but not a IOU IOU, only the phone number, the other what also have no. Afterwards just know friend is like the ability to anyone who is looking for a job a once-met acquaintance. Friends do not know that people call what, where to live. Just give him to do things. Now that I have this phone number, do not know what other information, the people in Xining, I am also in Xining. Have you,3Years has said he did not have the money, also once5000Block, he consulted his lawyer, estimation of mean doesn't want me for the rest of the money, what should I do.

Answer:1.Firstly, according to the provisions in accordance with the "PRC Civil Procedure Law" in article 108th, one of the basic elements of the litigants must meet is "a definite defendant". If you want to through legal means to maintain their own power, must first arrears real identity, we may be able to file a lawsuit.
2There are IOUs, between you and the arrears, then divided into two types, not agreed repayment time IOUS and agreed repayment time ious. If it is not agreed repayment time IOUs, then you as the right holder shall ious issued date2To the court of law, claim. If there is an agreed repayment date IOUs, you should at reimbursement expires2To the court of law, safeguard their rights.
3Here, of course2Years is not fixed for two years, if you have to ask for the behavior of arrears in this period is caused by the interruption of the limitation of actions effect. For example, for example you in12Years1Had to beg for a debt arrears, then you may bring a lawsuit to the time range14Years1Month.
4In order to avoid the limitation of action, through, I suggest you hand urge the arrears, and find his true identity, at the same time, according to the "Civil Procedure Law" article22Where the defendant has his domicile, bring a lawsuit to the court, to safeguard their rights. (Zhu Chener, Sina micro-blog@I'm not Steamed buns are Hanamaki)

415, Q: I live in a courtyard house, opposite neighbors play cards every day never discontinuous, regardless of day and night repeated warnings, serious impact on my life, want to know how to stop treatment.

Answer: according to the "property law" article90Provisions, the rights holder of immovable property shall not be in violation of state regulations, disposal of solid waste, emissions of atmospheric pollutants, water pollutants, noise, light, electronic wave radiation and other harmful substances. Your neighbors play noise already affect your normal life, based on the law, you have the right to request the cessation of the infringement, can even bring a damage claim.
Suggest that you find a property or neighborhood mediation, the mediation can not alarm, and in accordance with the "property law" the relevant provisions of the adjacent relation based on filed a lawsuit. (Zhang Shulei, Sina micro-blog@I1992)
 

416, ask: Hello, I want to divorce on the Advisory Legal issues. A pair of husband and wife, with two grown daughters, his wife a few years ago eye disease, now basically can't see a thing, her husband has basic life care wife: cooking, cleaning and. Husband to wife hand work often gambling money, his wife endured for many years, and now my wife want to divorce her husband, but don't want to break up to her husband. Wives than husbands money, house and car are in his wife's name registration, is his wife to buy, but after marriage buy. Such a situation, how does the divorce property distribution

Answer: in view of the fact that the couple has had two adult daughters, have long-term living together, proposed to strengthen communication, seek the solution of divorce, if he insists on divorce, made the following answer:
1The husband good job, "" marriage law of the people's Republic of China stipulates that the thirty-second partners to gambling, drug abuse incorrigible case, the other party to sue for divorce, the court shall grant divorce.
2His wife under the name of the property, according to "the Supreme People's court some concrete suggestions about the people's court hears a case of divorce property division issues" (processing1993Years11Month3Day The provisions of article second) husband and wife both income during the marriage property, matrimonial property cases, one or both of the income from labor and the acquisition of property belonging to the joint property of husband and wife, so if the wife is married to their labor income to purchase real estate and car belong to the common property of the couple.
3Division of property in a divorce, if the wife name property is in during the marital relationship of labor income, property division scope need to belong to the divorce agreement, the first segment, if no agreement is reached by the decision of the court. But if there are "four situations" marriage law of the people's Republic of China stipulates forty-sixth:1, bigamy  2, cohabitation of a married person with any 3The implementation of the family violence 4Abuse, abandonment of family members. The no fault party shall be entitled to claim damages, but is the joint property of husband and wife after segmentation based on. (Zhang Shulei, Sina micro-blog@Volunteer Zhang Shulei)

417, Q: Hi, I want to consult a problem. Books with CD, are not protected by the copyright law? If I put other people's books with CD to go online, non-profit, will not be held accountable? Thank you

Answer: according to the "law" provisions of the people's Republic of China books, books and publications with accompanying CD belongs to the scope of copyright law.
According to the "PRC Criminal Law" 217th stipulation about the crime of infringement of copyright, the subject of the crime of infringement of copyright crime must be for-profit implementation of the infringement of the copyright act, the non-profit nature of the act does not constitute a "criminal law" the provisions of article 217th of the crime of infringement of copyright.
"Specified in the first paragraph of article twenty-second of the copyright law" for private study, research or appreciation, a published work created by others does not infringe the copyright owner of copyright act. (Zhang Shulei, Sina micro-blog@Volunteer Zhang Shulei)

418Ask: Hello, teacher! I am a Guangzhou Medical University Cancer Institute2011Research of oncology, after studying the basic courses and hospital transfer learning, after the return to the first half of tumor study found unable to communicate and now the mentor character, nor according to his requirements to apply for Shuoboliandu, supervisor call I offered to let me change tutor, I also think that the teacher management damage self-esteem (tutor without subsidies, a week7Day must stay in the laboratory, if the weekend is not to, he will call me teacher angry, because several weekend off call lead), cannot ease study was to replace the tutor. But according to the regulation of the school, can't replace the professional, can replace the teacher finally only localized in Tumor Research Institute's mentor, but because the supervisor is responsible for the management of the laboratory, other teachers dare not accept me as a student, Graduate School is home of the matter, from the start of this year to now I have been in the unsupervised state. Now the school put forward even if I can't find myself in Tumor Research Institute Professor, to need to put out. I think it is entirely their own fault, but also does not lead to the point of drop out of school, I this how to safeguard their legitimate rights and interests, I hope I can get your reply, thank you very much! Question three: if the graduate can not change but not graduate tutor, school have responsibility? I want to ask if the court, there may be placed on file?

Answer: Hello, for your question first should be based on the active communication with the school, the school shall not be equipped with mentors to school appeal, reflect the situation to the local administrative departments of education, it is best to solve the problem through the way of communication.2Invalid, if communication, can consider combining your about graduate management approach, "the people's Republic of China Higher Education Law", "ordinary college student management regulations" administrative proceedings to the court, but there is a risk that the court is not filed, the high school are taken as the defendant of administrative litigation of the issue is controversial, around are not the same,. So I suggest as much as possible with the school to communicate, solve the problem of.

 

419Q: shape, good, my uncle owed two hundred thousand, my dad did a guarantor! Due to my uncle did not timely repayment, if someone sues my uncle, and he didn't ability, my dad would be compromised? It is my uncle no assets, we have a small second floor! The court will seal up my house? How can I protect my family?

Answer:1Hello, according to your description, the situation, your dad is the guarantor that belongs to the form of debt security of human security, in the form of security, the debtor (i.e., your uncle) cannot perform the debt, the creditor may request the guarantor (i.e. your dad) perform the debt or liability, so you uncle didn't ability of words, you will be in trouble. But the details of your father what time to repay debt according to the people's Republic of China "Chinese Guarantee Law" article17To20The provisions
Article seventeenth The parties agreed in the contract, the debtor is unable to discharge the debt, guaranteed by a guarantor, as a general guarantee.
The guarantee in the main contract dispute without trial or arbitration, and the debtor's property law enforcement is still unable to fulfill the debt, the creditor may refuse to undertake the suretyship liability.
Any of the following circumstances, the guarantor shall not exercise the right prescribed in the preceding paragraph:
(a) the change of domicile, the creditor requires its major difficult to discharge the debts;
(two) the people's court accepted the debtor's bankruptcy case, the suspension of execution procedure;
(three) the guarantor has waived in writing the right prescribed in the preceding paragraph.
Article eighteenth The parties in the guarantor and the debtor shall bear joint and several liability for the debts of the guarantee contract, guarantee for the joint and several liability.
Joint responsibility to ensure that the debtor in the main contract debt discharge period expired not to fulfill the debt, the creditor may require the debtor to fulfill the debt, also may request the guarantor to assume guarantee liability within the scope of.
Article nineteenth The parties to ensure that no agreement or the agreement is not clear, to assume the guarantee liability in accordance with the joint and several liability.
Article twentieth General suretyship and suretyship of joint and several liability enjoy the debtor's right of defense. The debtor to give up right of defense against the obligation, the surety shall have the right to defense.
Defense right is refers to the creditor, the debtor according to legal reasons, against the exercise of the right to request.
 
2, It is my uncle no assets, we have a small second floor! The court will seal up my house? Because your father is the guarantor, shall bear the joint liability for the debts of the, so this debt by your father also (of course, this is your uncle also repaid), if the court at this time if your father can use other ways to repay the debts are not auction off your house, if the debtor has filed a lawsuit asking you father to pay back the money (generally speaking this procedure need3A month or so), the judgment in your father's repayment can not be the case in your house will be sold at auction, but only if the housing housing and ordinary housing, basic is not executed by auction.
3How can I protect my family?
1You can help your father economic independence, to repay debt
2You can keep in touch with the consultation, to delay the repayment date, delaying the creditor to court time, the long time to create a debt to your father and uncle. (Yin Shiyang, Sina micro-blog@White law)

420Q: A and B, gave birth to a son, a and B are to divorce, the court, the child rearing by B. A decision will not appeal to a, B fails to pay the cost of raising a child refused to see. One day, a friend in the street with B's mother took her child. Excuse me, which violate the law? What am I gonna do?

Answer: according to China's marriage law thirty-eighth, does not directly bring up the children after divorce, the father or the mother has the right to visit the children. If you want to visit a child should be consulted to visit and time and B, if no agreement is reached, the people's court.
Here a unable to visit the children from colluding with others from B mother hand rob children, custody of the infringement of the B. B can sue to the court, if B and a have feelings, suggestions and a peaceful solution through consultation. (Chen Zhi, Sina micro-blog@Volunteer Tian Shaqing)

 

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