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 131st to 150th legal consultation

 

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

 

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:

 

 131Ask: Hello, teacher, general auto sales staff may be non insurance agents, insurance business is to the customer, no written contract between it and the customers, which is the insurance away casually looking for individual customers to sign, and did not inform the customer related insurance liability, the behavior is often the customer approval, because some customers legal consciousness is weak, the majority only think of convenience on the line. In the dispute after the insurance company will inform the insurance liability and advocated the exclusions, but the actual object is not to inform the client, just help customers for the people, the customer will tend to the insured fails to fulfill the obligation of informing and claim at. Then how to liability?

Answer: according to the insurance law article17The provisions of article, the insurance company shall prompt exemption clauses in the insurance contract, and a written or clear verbal, not prompt or clear, exemption clauses shall not be enforceable. Clearly inform the subject is clearly inform insurance company, is the object of the insured, or customer. In practice, because the verbal description is unable to retain evidence, the specific form of clear, the insurance company will generally in terms of insurance squadron of exemption clauses special markers, and the insurance policy or certificate of insurance specified: "the insured have read and understand the exemption clause......" Tips, and request the applicant signature. In the client auto sales agent of the insured automobile insurance, and without any written authorization procedures, for the proxy client signature or in their insurance and insurance related certificate signature, customers may not deny the validity of insurance contracts, but the insurance contract and does not represent an exemption clause will have effect, because without the insured the signature of the insurance and insurance certificate, insurance companies can not prove its customers to fulfill the specific explanation obligation. In judicial practice, the applicant signature generation generally considered the insurance company fails to fulfill the specific explanation obligation, exemption clause is invalid for the insured.

In addition, the insurance company has insured liability in the insurance document review process. If the insurance company not to review obligation, or that the data generation of signature, and acceptance of the application, so that insurance companies abandoned its audit insurance document signature right of authenticity or recognized by the generation of signature form, in the insurance contract, the insurance company will not effect to insure file generation signature of the contract is invalid or that the exemption clause. (Du Hongtao, Sina micro-blog@Wilsonduht)

 

132Q:, a friend from Hongkong hit a child in Huidong, the parents are local vision. The friend all the cards are maxed out pay medical expenses. Then surplus lose money to return to Hongkong to take, but this family simply would not let him go, here must leave a man. But the friend family in a foreign country, but the family had no money, he had to return to Hongkong, but with the. He has no friends. What am I gonna do?

Answer: first of all, the traffic accident causing personal injury, liable for infringement, this is an indisputable fact, however, citizen has no right to other citizens illegal restriction of personal freedom, according to the "constitution" article37A: "citizens of the people's Republic of China enjoy freedom of the people...... Unlawful detention or deprivation or restriction of citizens in other illegal ways of personal freedom". Therefore, suggest that you friend alarm processing. Wang Jingbin. Sina micro-blog shadow_Wang)

 

133, ask: Hello, my advice is simple, but for me and my whole family is very important, please reply, thank you! My father Festival caught uremia, has advanced, the cost is very high, the mother is seriously ill sister ~ I do not want to give up his father, was struggling, my credit card is maxed out all, from this month I might even the minimum repayment is not, I will be prosecuted if you don't have a credit card words? I have less than one hundred thousand, sentence up to sentence a few years? Thank you for the answer

Answer: You may be due to malicious overdraft violated the penalty provisions of the crime of credit card fraud, but whether it is a crime to see your future income and repayment capacity, because with your current situation, constitute this crime to the card issuing bank two recall after three months still did not return. But by one hundred thousand within the public security organs to file before the repayment of all interest, if the circumstances are minor, can not be investigated for criminal responsibility. If it is placed on file, you may be faced with more than five years to ten years in prison, and impose a fine of more than fifty thousand below five hundred thousand. (law student Zhou Shishu)
  

134, Q: one thing to ask, I now girlfriend's ex boyfriend always followed her, also send information to call her again, constitute a crime?

  Answer: It depends on the specific hair what harassment information, according to the "Public Security Management Punishment Law" forty-second paragraph fifth, repeatedly sending obscene, insulting, threatening or other information seriously disturbed the normal life, five days detention or a fine of five hundred yuan. If the circumstances are especially mild, can reduce or not punishment. (law student Zhou Shishu)

135Q:, prosecutor investigated cases, procuratorates have the right to receive bail bond? There is no limit to the bail bond? What is the legal basis?

 Answer: According to the "law of criminal procedure" and "on bail the provisions of a number of issues", the public, inspection, law enforcement agencies have the right to bail, and the margin is charged at or above the county level executive agencies and management, so the procuratorate has the right to charge a deposit. For margin, such provisions shall not be less than1000Element, no clear provisions on the ceiling, but should be based on the nature of the case, personal risk, social risk, economic level and suspects of economic conditions. (law students Zhou Shishu)
   

136Ask: Hello I think the compensation dispute, consulting a road traffic accident civil cases, we are told, the police found our full responsibility. The plaintiff was injured left leg, identified as nine disabled, the plaintiff in hospital113Day, produced a total of medical expenses61Million yuan, which is calledVSDMedical records were used, the cost breakdown99A, all without the doctor's advice, the91No certificate (left medical use bar code). The hospital issued a certificate to prove that the plaintiff were used as followsVSDNegative pressure aspirator12Second, the treatment project of supplies for the conventional medical treatment equipment. The conventional disposal is not reflected in the doctor's advice, for the drug produced by a nurse before use after the use of scrap, the cost of time is not necessarily coincide with orders. The claim of the plaintiff:VSDDepartment of conventional drugs do not need medication, recorded during the dressing case, there is no certificate is a hospital. We advocate: first, interested in hospital with the case, so the proof issued by the hospital can not objectively, fairly reflect the objective fact, not as a final basis. Second, the proof thatVSDDisposable negative pressure drainage in the treatment of conventional treatment, it is not recorded in the order, is wrong.VSDDisposable negative pressure drainage treatment is an expensive way to treat than other conventional treatment, about ten times higher than conventional treatment, and. In this case, once the court, not in court for sentencing, on 4Month8DayReceived the verdict: identificationVSDA total of use99Film, only the cost of33Million yuan,VSDAll expenses paid by us. Excuse me, this sentence is reasonable? The civil case court how long in advance to inform the accused? If you want to appeal, we also need to provide evidence to refute what? The main question above, trouble you.

Answer: according to the "Regulations of the Supreme People's Court on certain issues concerning the application of law in the trial of personal injury compensation case interpretation" in article nineteenth, medical expenses issued by medical institutions in accordance with medical expenses, hospitalization expenses and receipts, medical records and diagnosis combined with other relevant evidence to prove. The obligation of reparation for treatment of necessity and rationality of the object, shall bear the corresponding burden of proof. Therefore, the plaintiff in the provided medical fee, hospital fees receivable certificates and certificate of diagnosis, medical doctor, you are still on the injuredVSDNegative pressure drainage were disputed the rationality and necessity of treatment, the burden of proof. And from your description, you did not put forward the relevant evidence to prove the objection, therefore, the court of first instance to adopt the injured party claims, and there is no obvious error.
A notice about the hearing time, according to the "Civil Procedure Law" in article 122nd, the people's court shall, three days before the hearing, notify the parties and other participants in the proceedings.
If your appeal, if only for the unreasonable treatment expense question, then, I think, the judicial authentication institution you should apply for the qualification to the wounded during the hospitalization expenses do a medication, treatment of rationality of identification, to prove your claim injuredVSDNegative pressure drainage in the treatment of non essential or irrelevant treatment, otherwise, even if the appeal, revision of the probability is very small. Wang Jingbin Sina, micro-blog@The shadow_Wang)

 

137, Q: I want to sell similar internal customer service, in Taobao shop is legal, there are legal, appear after the accident and how to deal with?

Answer: first, if you know the black car is obtained by means of crime, still Taobao shop sell similar internal customer service, there are two kinds of consequences:
1If you are involved in crime, plan, or encourage, encourage others to obtain illegal vehicle after implementing crime Taobao shop sell similar internal customer service, your joint crime and criminals.
2, if you just Taobao online sale proceeds of crime of the black car, you hide conceal the crime to offend.
Second, if you do not know the car is the proceeds of crime, but you buy the black car seller fails to provide legal materials or is obviously lower than the market price to buy, buy presumption you know black is the proceeds of crime, constitutes a mask to conceal the crime to offend you.
Third, the tort liability law the fifty-first regulation, Sold or transferred by other means or have been assembled vehicles to be scrapped, the traffic accident damage, the transferor and the transferee shall bear joint and several liability. So you sell similar internal customer service in the Taobao shop, you will bear with you and buy cars are jointly and severally liable, third people or those who use the right to request you to bear all the civil responsibility. (Xu Kaicai, Sina micro-blog@Ice cool-0)

138,The original Q: Hello, my aunt and uncle riding a motorcycle on the way to work, by the car hit, my uncle in the ICU have13Days, have owed5More than other cars, only a compulsory insurance, dragging is not willing to pay for treatment, now already struggling, how may I direct alarm to solve the problem through public security bureau? Or directly to the court? Thank you very much, sir. (answer, need not answer)

Question: Hello, thank you for your help. People who drive to the traffic police team found, early identification of vehicle speed75KM/H Motorcycle speed, my uncle53KM/HThis will not be against us. There is a driver has refused to pay, the traffic police team also tend to him, we have been trying to gather together, but not enough, what method can let each other forced the medical fee pay? In addition, I would like to ask, I now go directly to court each other to pay treatment costs need to provide specific evidence, now do not have to continue treatment, and my uncle is very urgent.

Answer:1Not only the speed, to determine whether the favorable. The two sides of the fault liability to the size distribution, and the size of the fault shall be identified according to the law and the related local regulations comprehensive factors.

(1) "provisions of article seventy-sixth of the first road traffic safety law": motor vehicle traffic accidents caused casualties, property loss, the insurance company in motor vehicle compulsory third party liability insurance liability limits the scope of compensation; lack of parts, shall bear the liability for compensation in accordance with the following provisions:
(a) the traffic accidents between motor vehicles, by the party at fault shall bear the responsibility for compensation; if both parties are at fault, in accordance with their respective proportion of fault responsibility.
(2") of the people's Republic of China Ministry of public security traffic accident treatment procedures" provisions of the second paragraph forty-sixth:
The provincial public security organ may formulate rules or standards to determine the road traffic accident responsibility according to the relevant laws, regulations and specific.

2, can apply to the court for enforcement.

"The provisions of the 106th paragraph 1:" the Civil Procedure Law of the people's court in respect of the following cases, according to the application of the parties, can order advance execution:

(a)  Recourse alimony, maintenance, upbringing, pension, medical expenses;

3, to documents to prove that the medical expense amount can be. If the registration fee, treatment fee, to continue the treatment fee receipts. (legal clinic of Beijing Institute of Technology Wang Jiabin)

 

 139,The original Q: major legal risks, I would like to ask a question about health insurance. Background is this: there are some non Beijing accounts than Beijing health care patients hope can through the registered company in Beijing for his health. Now the question is: if the company's employees are special disease the same disease (such as liver and kidney transplantation), will not cause the attention of the relevant departments? If only paper company without any business, will face what risk? If there is no turnover and water, the company can continue to give us social security? (answer, need not answer)

Question: Thank you very much, the thing is, is that these patients did not work after kidney transplantation, the field also have no social security, hope that through the registered company social security in Beijing, but in this way, can the entire unit's people is the case. This is not illegal? That is to say, the group money to companies themselves, to their own social security, one hundred people linked to a company, won't have what problem?

Answer: if the legally established company, won't have what problem. In addition to account for the location of personal insurance. (legal clinic of Beijing Institute of Technology Wang Jiabin)

 

140Ask: the township, village leaders, united by our village level agricultural land. The four projects, nearly thousand Chinese acres. The project was not reasonable and legitimate lease procedures. The township government and village secretary of the many arrangements underworld snobbish violence villagers. Resistance to disturb the public order detained five.4Month9No. more mobilized nearly thirty black social worker beaten, three people were seriously injured in hospital, and to prohibit the judicial branch do disability identification. The local court not to receive, how can we use the law to safeguard their rights?

Answer: if true, it is quite serious. At present, to do the evidence collection and preservation, not to act rashly and blindly. Because of the need to give evidence in court is the village committee secretary for the underworld is difficult, unless there is a legitimate telephone recording, transferring account written note, and the two sides meet photos. If the existence of serious official collusion, collusion behavior of black, you can write report to the Commission for Discipline Inspection, in the local procuratorate. (legal clinic of Beijing Institute of Technology Wu Zhao.

 

141Q: difficult to implement, how to do? Provides clues to the property, the court is not as. May apply to the intermediate court for execution?

Answer: according to the "Civil Procedure Law" article two hundred and twenty-six, the people's court after receiving the application for enforcement date more than not to run for six months, the applicant for execution to the people's court at a higher level for execution. The people's court at a higher level after examination, the people's court may order the original execution within a certain period of time, can also be determined by the executive or the instruction of other people's court.

So if you provide clues to the property is true and reliable, but not as the court, may apply to the intermediate court for enforcement. (legal clinic of Beijing Institute of Technology Yin Haijun)

 

142, Q: Hello, lawyer, I would like to ask you, I use the old account for the new house, new house all the funds and loans are taken, two son, they are getting old10Million in cash. Because I had written agreement signed, also need to look at two? Because the old did not give us to buy a house, the old has been said to account for us, so I wrote a letter of agreement, also need the second sign? Because now I have to sign it. Old give us agreement signed, still need to go to the law firm to license?

Answer: according to China's "property law" seventeenth article, real property ownership certificate is the right person to enjoy the immovable property of proof. In simple terms, the property permits to write the name, whose house is to buy a house, and never mind who pay. Since the boss said to account for you, as long as the house property certificate is the name of your or your wife on the line. (legal clinic of Beijing Institute of Technology Ming Hao.

 

143, Q: a15Old ignorant boy committed the crime of intentional injury, fist fights, non accomplice mastermind, the youngest, the wounded sent to hospital four days after the death, comprehensive death, suspicious! Sentenced to life imprisonment! Kindly justice criminal distinguish legal aid, or expand! Contact telephone number18318612560(of material)

Answer: This is the result of a trial, there is great appeal space, the specific case and you need to understand. (legal clinic of Beijing Institute of Technology Wu Zhao.

 

144Ask: Hello, I want to report, President of our unit, but the evidence is insufficient, I want to put the case to tell you, can you tell me how to get the evidence. First, he and his deputy minister of propaganda, Culture Bureau, deputy director of the relationship is very good, usually many projects and units of government purchase, we all know that they eat a lot of. A few weeks ago, the unit purchase600Million of equipment, but not after the relevant departments agreed. Because they did not understand the price and the use of real equipment, direct procurement. Our department is discussed in private, this batch of equipment don't need600Million, in fact300Million is enough, so the rest of the money they took. There is a part of the project unit, which is the Dean, direct to his son of the company to do. Because his son is our unit, to do projects are together, so we are very understanding, but suffer from does not have evidence. The most serious and so200Multiple employees without is living, last year the central requirement of cultural institutions of all enterprises, we also changed, but our system to cancel the. And it is a verbal agreement at the meeting, the propaganda department number2000To place our staff, but after the reform of enterprise is what all have no. We have to go to the City Hall pull banners, was forced back to the unit, the propaganda department and the Cultural Bureau leadership also dedicated to our meeting, our qualitative for illegal gatherings organized tourism must underworld. So I would like to ask, how to get the evidence to prosecute?

Answer: if unable to obtain evidence, can only provide evidence, report to the local people's procuratorate. (legal clinic of Beijing Institute of Technology State forest)

 

145Q:, forwarding those critical social phenomenon in the micro-blog micro-blog, and comment. Such behavior is illegal? My friends advised me not to say these things, will be arrested. Could you give me an answer, thank you.

Answer: the freedom of speech is protected by the law of our country, but there are certain restrictions.

The following constraints:

1Using the freedom of speech, not anti-government, harm demagoguery national and social stability;2, and shall not harm the interests of the whole society;3Freedom of speech, not the dignity of others insult, libel.4, not leaking state secrets, shall not disclose the commercial secrets.
   The consequences are as follows:
    Article105The provisions:"...... Inciting subversion of state power, and overthrow the socialist system to slander, defamation or other means, is less than five years imprisonment, criminal detention, control or deprivation of political rights; ringleaders or those whose crimes are grave, department for more than five years in prison. "
    Article219Article: "the following infringement of commercial secrets, commercial secrets obligee to significant losses, is less than three years imprisonment or criminal detention, or be fined; if the consequences are especially serious, department for more than three years of less than seven years imprisonment, fined:...... (two) disclosure, use or allow others to use the means of obtaining previous business secrets of the right owner;...... "
    Article246A: "by violence or other methods, openly insulting others or fabricating facts to slander others, if the circumstances are serious, is less than three years imprisonment, criminal detention, control or deprivation of political rights."

Therefore, micro-blog content needs discretion, rational judgment, forwarding in the legal range. (legal clinic of Beijing Institute of Technology Sun Chuanyao.

 

146, Q: request for legal aid. People post private information and photos of me in Post Bar network platform, and threatened to go to the family unit is spread. Ask her if she violated my rights? Can I sue?

Answer: privacy is protected by law in china.

According to the "Regulations of the people's Republic of China Tort Liability Act", without your permission, deliberately open to private information and photos you belong to a violation of the privacy act.

You can sue each other, bear the liability for infringement of rights. (legal clinic of Beijing Institute of Technology Wu Zhao.

 

147Q: my friend, Mr. Wei an American4At home, the morning was a strange life the house cut bad, this group of strangers laughing and talking in his home, pitch camp, even eat now bedroll will come, of course, the police came, nor any improvement. Reportedly, this is all personal disputes between landlords and her ex husband, innocent rental customers have been involved in the,

Answer: this case is complex, involving the tenant, the landlord and the "intruder" three parties, some specific information need to be further verified, especially the "intruder" whether the housing ownership.

For your friends, you can request the other party to provide proof of property, that has the ownership of the house.

If the other party can not provide, you can provide the lease contract to the police, to prove that the building be your lawful residence, and the illegal invasion by asking each other out of residential housing.

If the other party can provide, the landlord is not the ownership of houses, the original lease contract. You can first and negotiate lease matters, and the original landlord its commitment to the corresponding contracting fault liability. (legal clinic of Beijing Institute of Technology Zhao Xu.

 

148Ask: the experts, good teacher, Ms. Han is a disabled person, she is2004By the government forced evictions, when asked a lawyer, although the decision illegal withdrew, but not to solve the pollution problems. She has no job, and also can not afford a lawyer, only their own action, friends and she didn't understand the legal knowledge, has been proceeding up to now there is no result, the court ruled illegal housing authority instituted after compensation for several years The court of first instance has not, filing, and v. the demolition permit case, left7A month or so of appeal deadline, she wanted to please the major platform for a lawyer to help have a look material now, analyze the case, because the time is too long, many materials in no way here to say clear, hope big platform to introduce a lawyer can help her to answer, thank you!

Answer: You can find the Liu Pingfan lawyer guangdong. (legal clinic of Beijing Institute of Technology Yin Haijun.

 

149, Q: legal service volunteers platform, everybody is good. I want to consult about the two sentence commutation. Cousin's former girlfriend (the two exchanges for break up, break up close2Years) by keeping people (a Taiwan businessman), turn to the cousin, invited the accompanied to claim5Thousands of dollars in medical expenses (she has been with the Taiwan businessmen telephone communication). In about a Coffee house. The first two people alone in the room, two people dispute, the merchant of Taiwan refused to give,Then the girl called cousin. Cousin took a knife, a threat to...... Finally, all the businessmen to. Then the girl gave cousin5Thousand yuan (the girl in the court lie said, is to take your own cousin; and not being invited to the unknown cousin cousin; carrying tool). Now found cousin11Years in prison. Now I would like to ask the appeal, can win the commutation of the sentence? What evidence?

Answer: the first, according to the relevant provisions of the criminal procedure law, the defendant or his legal representative, counsel, close relatives of the appeal case, shall not increase the criminal punishment on the defendant. If your cousin appeal, the procuratorial organs without protest, then you cousin sentence will not increase.

Second, from the sentencing plot, your cousin has reached the accomplishment of a crime, no surrender and meritorious performance, to reduce the sentence, to prove your cousin has a lighter punishment with evidence. As you said, have relevant mitigating circumstances is accessory may be related to your cousin, accessory that needs to be supported by evidence. To be dealt with leniently, you should use the evidence of your cousin is a girl called to the implementation of crime, but also your cousin is mainly to help the girl want money. Accessory that also differ from man to man in the practice operation, but mobile phone call records, SMS records can prove that girl your cousin a call, binding and other related evidence, may prove that at least your brother not to the scene, but by the girl called to. You said5000What element of the proceeds of crime is taken or the girl to girl you know your brother, with tools, because only they two people present, if there is no video, audio and other information, may be difficult to verify. But you can try to find out Coffee home video, public places in general will monitor camera. The tool also can check. (Gao Jichao, Sina micro-blog@First law)

 

150Ask: the village director, serving not properly exercise the authority, do not open the village accounts, now that the election from door to door to send money, the village team have to sell, I think the village director too overbearing, soon to be voted the three director, what a way to stop the election, how he first put the accounts open election?

Answer: according to the "Village Committee Organization Law", have to bribe the method of election, elected members of the villagers committee, election invalid. To bribe votes or other improper means, you and other villagers have the right to report to the township, Town People's Congress and the government at or above the county level people's Congress and the people's governments and the relevant departments, by the township or county level people's Government shall be responsible for the investigation and handling, if that is the case, may cancel its qualification for election.
The village committee of use of government allocation and accept social donation relief assistance, subsidies, subsidies and other fund management should be at least quarterly open time, director of the village and villager committee shall not publish the published items or published matters not true, you have the right to report to the township and village, Town People's government or the people's government at the county level and the relevant competent departments, the relevant people's government or the competent department shall be responsible for the investigation and verification in accordance with the law, shall be ordered released. Members of the village and the village committee director in the office of financial revenue and expenditure, debt, a tenure and audit, by the people's government at the county level people's Government Department of agriculture, or the financial department is responsible for organizing the township, town, audit results should be published, the outgoing economic responsibility audit results should be published before the next election of villagers committee. You can apply to the Department of director of village accounting audit, the relevant departments will before the election, the audit results announcement. (Gao Jichao, Sina micro-blog@First 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