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 331st to 360th legal consultation

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

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:

 

331Ask: Excuse me, my private car at the door of the unit, the traffic police pressed illegal parking ticket, I saw him holding the camera I said my car is temporarily placed in this, I stepped in to give you the keys. The police promised. Also one minutes for my keys out. He was riding the electric car go. So I got100My parking tickets. Is excuse me this kind of circumstance may apply for administrative reconsideration? Have a chance?

Answer: you said, traffic police behavior is wrong. According to "road traffic safety law" in article ninety-third, fine punishment must be in face to face education is invalid or the driver does not make the case in the field. In this case, making the decision of punishment in the traffic police, in your face to admit mistakes, correct and positive. It should not be punished for you. You may apply for administrative reconsideration, but must prove that made the decision on punishment in the traffic police, you on the spot, and active rectification. Sina (micro-blog@Don Quixote helpless)

 

332Ask: Excuse me,, in the relationship between the central government and the Special Administrative Region, member of the Standing Committee of National People's Congress of the "legal" or annex three how to understand?

Answer: major legal advisory platform, mainly targeted at specific case consultation, many involving legal practice to answer, so, to solve encountered legal problems in the examination, we may not be very good at, if inappropriate, please criticism. According to the relevant provisions of the basic law of the HKSAR, in the Special Administrative Region to implement laws including the "original law", legislation law and national law. National laws listed in the basic law, including: the basic law of annex three national laws and special circumstances in the implementation of the national laws. The Legislative Council Legal as long as the National People's Congress for the record, not reported to the Central People's government for the record; the NPC Standing Committee on the treatment of legislation law is "back", rather than "revocation". "Sent back" effect is "fail immediately", but the "failure", the general non retroactivity. The NPC Standing Committee on the legislative law review criteria only: the relationship between the business and the central basic law on the management of the central government and the Hongkong Special Administrative Region in terms of. Examination of knowledge point two, please note:1Nationwide, pay attention to grasp basic law law included in Annex three and procedural changes the requirements of the law.2, pay attention to the circumstances in which, by which an agency decision will not included in the national laws in the HKSAR basic law annex three. I wish you success in the examination this year! (Sun Jianzhong lawyer, Sina micro-blog@Shanghai lawyer Sun Jianzhong)

 

333Q: I drive, scraping a bicycle pedestrian traffic police a few days ago, my full responsibility. The beginning that the old man told me to get off3000. Go back to the hospital at night, only son spent filming300Yuan, skin injury, did not hurt to the bone. I said to the1500Private, old man don't agree. Second days to go to the traffic police team processing. I have already reported to the insurance company. My car only strong insurance. Second days about good but he didn't go to the traffic police team. My car only three. At present this situation what should I do? No settlement can hurt me? The other is the police station, I was afraid of what happens to me.

Answer: you can handle notification the patience to wait for the traffic police department, and then to the police department for mediation, compensation. If has not been closed, according to the "motor vehicle registration regulations" the provisions of article fortieth: "the owner of the vehicle in the vehicle inspection within three months before the expiration of the registration of vehicle management station for the conformity inspection mark. For the former, the owner of the vehicle should be involved in the illegal act of road traffic safety and traffic accident treatment ". Therefore not closing may test your vehicle in the future impact.

    However, according to the "Regulations" provisions of the second paragraph of the ninety-fourth implementation of the people's Republic of China road traffic safety law:"...... To traffic injuries, mediation or from the end of the treatment residues start date......" At the same time, the ninety-fifth stipulation: "the term compensation dispute the traffic control department of the public security organ for mediation traffic accident damage10Day. Conciliation agreement, the traffic control department of the public security organ shall make a mediation book communicated to the parties, mediation by the parties shall jointly sign; if no agreement is reached through conciliation, the traffic control department of the public security organ shall make a mediation to the parties to the end of the book". Therefore, the traffic police will not always not to processing and mediation, the injured after the end of treatment10Working days, if you are in the traffic police department under the auspices, the parties are unable to reach a mediation agreement, even if the other party has not closed, you can also apply for the traffic police department to do the conciliation process, so it won't affect your future vehicle inspection. If you are not satisfied with the compensation scheme, may bring a lawsuit to the people's court, but only from your existing text description, even if the other party to prosecute, you will not be liable for compensation. (Wang Jingbin, Sina micro-blog@The shadow_Wang)

 

334Q: consulting, a question, I just do a UnionPayPOSMachine sales. Ask the salesperson to contract customers is generally an enterprise as a legal person I do a part of the contract. Excuse me, there is no legal risk, the company will not rely on legal information asymmetry of the financial risk may give us a clerk. Thank you!

Answer:1Sales staff and customers, posing as an integral part of the contract, there is no too much risk to the sales staff. As long as you strictly fulfill the labor contract personnel on the sales duty to engage in business, and all your actions can be classified as corporate behavior, corporate responsibility, if beyond the authorized permissions are sales personnel to undertake corresponding responsibilities.
2Financial risk, legal information asymmetry about you say that, because you're more vague, we cannot judge, but from your sales of products, related to the special financial industry, therefore, must comply with the requirements, compliance with the law, learn some related legal knowledge. (Sun Jianzhong lawyer, Sina micro-blog@Shanghai lawyer Sun Jianzhong)
 

335, Q: here are two IOUs, can also come back?
           IOU
We owe to Wang Yulie the material and forklifts, fee Sanwanjiuqianerbailingba yuan (39208Yuan), the one-time pay higher funding for Wang Yulie. If the dial engineering in place do not give Wang Yulie the money of material (Hepu to Shiwan Highway Engineering), except by Wang Yulie3Times more than fine.
               Arrears of Lai Zhaowei
               2008Years3Month12Day
         
              IOU
We owe to Wang Yulie shift fee Siqianwubai yuan (4500Yuan) to2008Years6Month30Paid, if not timely paid may pay monthly2/100Interest to Wang Yulie. Result this article.
             Arrears:Lai Zhaowei
            2008Years4Month30Day
Lai Zhaowei is the Hepu to Shiwan highway construction project owner, Wang Yulie provides materials and forklift truck, this is2008A year ago, is now mainly want to know these two IOU can recover the debt? Do not know if there is no legal limitations, but Wang has repeatedly to debt collection, but have been unable to find people, still do not see a trace to Lai

Answer: according to the "general rules of the civil law" 135th article: "the period of limitation of action for protection of civil rights to the people's court for two years, except as otherwise stipulated by law." You can see from the IOUs, Wang and Lai belong to a general creditor debtor relationship, the limitation of action for two years, but the starting point of limitation of two pieces of IOU each are not identical. The first bill because did not specify a date of repayment ", according to the provisions in the second paragraph of the second general principles of the civil law" eighty-eighth: "if the time of performance is not clear, the obligor may fulfil its obligations to the creditor, the creditor may require the debtor to fulfill their obligations, but the other party shall be given to the necessary preparation time." "Contract law" the 206th stipulation: "the borrower shall repay the loan at the agreed time. If the time limit is not agreed or the agreement is unclear, nor can it be determined in accordance with the provisions of this Law in article sixty-first, the borrower can repay at any time; the lender may urge the borrower to return within a reasonable period of time." Therefore, the first bill litigation from the first time you should calculate repayment date two years, according to the "general rules of the civil law" 140th article: "the limitation of action for litigation, a party demands or agrees to interrupt obligations. From the time of the interruption, the period of limitation of action re calculation". Therefore, from your description, from the first time you claim repayment from date to date, period, according to Wang continued to claim repayment request Lai (Lai to collect you continue to claim repayment evidence), the limitation of action will continue to break and re calculation, but if the last claim repayment date you early in the2011Years5Month14Day, you still can repayment to Lai claims, but probably because they bring litigation prescription system and the loss of the right to win, not to return the money. Similarly, second pieces of IOU agreed repayment date, therefore, second days from the agreed repayment period of limitation of action due to commence, period will be because of Wang's claim to the limitation of actions, the latest a claim if early on2011Years5Month14Day, you still can repayment to Lai claims, but probably because they bring litigation prescription system and the loss of the right to win, not to return the money. (Wang Jingbin, Sina micro-blog@The shadow_Wang)

 

336, Q: my friend's mom to give good friends obligations cleaning results electrocution, my friend can claim to the mother's good friend? The other party to bear much responsibility?

Answer: can. "Tort liability act"35A personal service, work rules: the labor relationship formed between individuals, providing labor party cause damages to others, by the receiving party shall assume the tort liability. If the party providing labor services because of their damage, according to their respective fault shall bear the corresponding liability. For example, the room leakage, good friends have tried to hint of obligation, and my mother is in accordance with the norms of operation, for example with wet hands to touch electrical appliances, is a fault. The specific number of claims, this is really hard to say. Because you are good friends. If you really want to count, the each province to different standards, according to the rules of "interpretation of personal injury compensation" article17Article3Paragraph, the death of the victim, the obligation of reparation in addition to the relevant expenses shall be in accordance with the rescue treatment of compensation provisions of a paragraph of this article (nutrition for medical expenses, lost wages, nursing fees, transportation fees, accommodation, food subsidies, necessary), should also be compensation for funeral expenses, living expenses for dependents, death compensation and the relatives of the victims for the funeral expenses of transportation, accommodation and loss of working time expenses and other reasonable expenses. Sina (micro-blog@LChi Sushu.

 

337Q: my friends, drunken driving was stopped by the traffic police! When the alcohol content is200. After the dangerous driving crime is referred to the court for trial! I searched the law all, not the law of drunken found! Afterwards just know is a reference index for Quality Inspection Bureau, do not know whether it as the standard of criminal trial!

Answer:1The people's Republic of China, criminal law amendment (eight) twenty-second provisions: add a in article 133rd of the criminal law, as one of 133rd:"Drive a motorized vehicle on the road racing, if the case is serious, or in the way of drunken driving motor, detention, and shall also be fined. There are the acts mentioned in the preceding paragraph, which also constitutes another crime, in accordance with the provisions of punishment heavier punishment.

   2The judicial organs, in determining whether the perpetrator or drinking, drunken driving motor vehicles is based on the National General Administration of quality supervision, inspection and quarantine2004Years5Month31Released the "vehicle drivers blood, breath alcohol content threshold and inspection" (national standardGB19522-2004).

   3Would you tell you, friend, alcohol test at200More than content, has been more than drunk driving motor vehicle(Be equal to80Mg/100Ml of standard. Belongs to a drunken driving motor vehicles, should according to the dangerous driving crime punishment. (Zhang Tingyuan, Sina micro-blog@Zhang Tingyuan lawyers)

 

338, Q: consult a problem need. As a credit card sales (belonging to a banking outsourcing

Company), without professional system of financial and legal knowledge training. A similar result of bad credit card users by the legal responsibility case online. (it seems like to assist the financial fraud charges) I would like to ask you what legal experts, in case we should be held jointly and severally liable for the company's business? To be engaged in this line should avoid those that may violate the law. Can give some advice for reference and recommendation of this area of law books for learning? Thanks a million.

Answer:1Credit card, as a sales personnel, its behavior beyond the scope of authorization in behavior, it is possible and the company shall bear joint and several liability.
   2In strict accordance with the regulations of the company, engaged in credit card sales, is the best way to avoid breaking the law.

   3Recommendations to the Baidu, search, laws and regulations on credit card crimes, the Internet a lot of information in this regard, does not need specially to buy books. (Sun Jianzhong lawyer, Sina micro-blog@Shanghai lawyer Sun Jianzhong)

 

339, q:Consult, nameless corpses of fatal traffic accidents,Civil Affairs Bureau whether to file a civil lawsuit?The owner has been insured!

Answer: the Civil Affairs Bureau as a government responsible for the specialized agencies of social assistance vagrants and beggars, there are only administrative legal relationship between the victim and the nameless man, no civil legal relationship, it is not the right of the plaintiff, the defendant or the defendant has no right to insurance company claim personal damages in the traffic accident was the nameless man death compensation. (Sun Jianzhong lawyer, Sina micro-blog@Shanghai lawyer Sun Jianzhong)
   
340Ask: Thank you! On the causes of lost judgment you mentioned is this statement: the true meaning is not most shareholders, adopted at the meeting, was to see colleagues in the face by the. The judge said that for?

Answer: because of the failure to see your judgment and other court documents, so to lose reason unable to determine the overall. Determination of the true meaning of shareholder said need to have relevant evidence, such as the resolution of the shareholders' meeting, the minutes of the meeting and other related documents. If you refused to accept the verdict and before the appeal period, suggest you appeal according to law. (Du Hongtao, Sina micro-blog@Wilsonduht)

 

341Ask: Excuse me. If the company's personnel meet demand for forensics, company personnel how to cooperate. This program is how the provisions in the law? Prosecutors say you have to cooperate with the company, have the unconditional cooperation?

Answer: China's "Criminal Procedure Law" provisions of article fifty-second, the people's court, the people's procuratorates and the public security organs shall have the authority to the relevant units and individuals collected, obtaining of evidence. The relevant units and individuals shall provide truthful evidence. Administrative organs in administrative law enforcement and investigation to collect evidence, documentary evidence in the case, audio-visual materials, electronic data evidence, in criminal proceedings can be used as evidence. Involving state secrets, commercial secrets, personal privacy shall be kept confidential evidence. Those who forge evidence, hiding evidence or destroy evidence, no matter where, must be investigated under the law.
  Procuratorate to forensics, your company should cooperate actively, provide truthful evidence. Of course, not the procuratorate saying "you have to cooperate with", your company will be unconditionally with. Procuratorate personnel evidence must show proof of identity, the relevant evidence, must be in accordance with legal procedures, in the process of forensics, not beyond the evidence needed to act. If the procuratorate requirements and the case itself, does not involve the forensics problem, your company may refuse to. For your company business secret evidence, procuratorate in the collection, use process, must be kept confidential. (Zhou Zhesi, Sina micro-blog@Xin melon poor)

342, Q: Hello, my dad at08When the fire burned ridge accidentally blown into other mountains, burn some small pine tree and a few weeds. Because of dry weather is not a self-help, on the same day to go to the forest bureau. Forest Bureau was also to the scene photographed forensics, then according to the burned site investigation and my father surrendered the initiative, a fine of two thousand yuan closed, when the forest owner has no objection. Now the forest owner aboral said my father burned his house20Acres of forests, claim for compensation30000Element. Have a chance to ask the court so my family?

Answer:1, the people's Republic of China Tort Liability Act fourth provisions: the infringer for the same act shall bear administrative liability or criminal liability according to law, does not affect the tort liability. At the same time in the sixth: who is at fault for infringement of civil rights, he shall assume the tort liability. Due to negligence of your father's (as you said, do not be negligent caused by) causing property losses to others, it shall bear the liability for compensation.
  2Forest law of the people's Republic of China, have more stringent requirements on the forest fire mountain field, the people's Government of the province, city level generally will introduce corresponding administrative regulations. If the behavior person due to intentional or negligent behavior, resulting in burned forest area, there may be those who violate the criminal law, constitute a crime.
  3Will you, v., forest public security organs have been carried out administrative punishment is negligent act your father, but can not replace the civil compensation liability of administrative punishment. Because of their negligence causing property losses to others, has a legal obligation to make compensation. As for the amount of compensation, according to the specific loss of judgement.

4Because of the time, the accident has been a few years apart, forest owners who filed a civil suit, you can consider whether to have limitation. (Zhang Tingyuan, Sina micro-blog@Zhang Tingyuan lawyers)
   

343, Q: Hello, want to ask next construction site is not full18One worker can use (1996Years2Month of birth),By not full18Whether the old workers in violation of the labor law. Thank you.

Answer:1, relevant provisions do not violate the labor law, the staff called "minors", the law can be accepted, but not hire16Children under the age of "".
   2For minors, the labor law has certain limit in posts and work. Clearly stipulated physical labor intensity of the fourth class arrangement engaged in underground mining, underage workers toxic and harmful, as prescribed by the state labor and other taboo to engage in labor. (see the physical labor intensity classification of national standards "("GB3869-83))
   3The provisions in labor protection, also the employer shall carry out regular health examination for underage workers. Generally considered not less than once a year in health examination. (Zhang Tingyuan, Sina micro-blog@Zhang Tingyuan lawyers)
   

344, Q: whether the school has the right to confiscate the high-power electrical appliances in the dorm? Such as the induction cooker, electric fan.

Answer: the school has no right to confiscate their personal items including electrical power illegal use, such as may be required to return the confiscated school! But from the point of view of the school dormitory security considerations, the school students to prevent the use of high-power electrical appliances, for the custody! Zang Zhizhong,Sina micro-blog@Udinese in)

 

345, Q: A, has two people because of debt disputes. Have been to the people's court, had won. But the civil compensation part not executed. Has asked the court for a executive judicial detention. The court has to find a can be implemented after the detention. After it has been in a home will be a block in the home and alarm for the public security organs to public security organs will be a temporary indwelling, pending court executive coming after the handover. Ask the public security organ is whether there is a legal basis?

Answer: personal opinion, has been in a home will be a block in the home and alarm for the public security organs to public security organs will be a temporary indwelling, pending court executive coming after the transfer approach is not bad. Zang Zhizhong,Sina micro-blog@Udinese in)

 

346, Q: Yes, my brother quarrel with others, noisy anxious, take kitchen knife cut (cut to others, the little finger and ring finger, ring finger bones broken, but did not fall, pinkie injury is not very heavy), now brother in jail (five one day away by police station,2Signal is sent to the detention center). Now the other side is still in hospital, medical expenses are we take, the ring finger to restore good, small finger nail defect, now say if, let us take one hundred and fifty thousand, I want to ask, if a suitable amount of money, if the court sentenced, will be sentenced to long time? Can we do a marquis examine? (quarrel is very simple, just fight, not the what, but the other party drink)

Answer:1Although the Supreme People's court, the judicial interpretation of personal injury compensation expenses amount have been clearly defined, but it is more applicable to the court. Investigation in criminal cases, criminal suspects and victims have the civil compensation part privately negotiated, money number standard in the judicial interpretation as a reference, but mostly you are both consensus, how much money the fit is no specific standard.
2If the victim's injuries, for the injured by the forensic identification or injured, your brother may constitute the crime of intentional injury.
Deliberately hurt others body, is less than three years imprisonment, criminal detention or control. Causing serious injury, three years and ten years in prison; causing death or by especially cruel means that lead to serious injuries resulting in severe disability, ten years imprisonment, life imprisonment or death. If the identification of the victim's slight injury, do not constitute a criminal case, the public security organ may be your brother security punishment.
3Application for bail, marquis examine to comply with the relevant conditions of criminal law, criminal provisions of article sixty-fifth, the people's court, the people's procuratorates and the public security organ to have one of the following cases of criminal suspects, defendants, can bail: may be sentenced to public surveillance, detention or independent additional penal apply;Be sentenced penalty above, release on bail will not take the danger to the society;Affected with a serious disease, the life cannot provide for oneself, pregnant or breast-feeding her baby, release on bail will not take the danger to the society;Detention period expires, the case has not yet completed, need to take bail. You can to the relevant organ for obtaining Marquis examine, agree is decided by the relevant authority. (Gao Jichao, Sina micro-blog@Volunteer Gao Jichao)

347Q: I was the Secretary, construction units, the construction process of a project, a subcontractor to buy Steel at a steel suppliers (the two sides without contract), but our project manager and materials in the supply schedule and clearing single sign on (our unauthorized), in the process of subcontracting unit paid150Million, still owe90Million, the steel supplier to prosecute only our requirements to repay the arrears, the other provides evidence: delivery details and statements signed by project manager and the materials of our company name; the construction site with photos, photos have indicated our project manager and the name of our materials; to the owners of the project manager and project materials inspector authorized copy. Q: Division I undertake to pay the responsibility? The composition of ostensible agency, how good our defenses? Thank you.

Answer1The contract is relative. The subcontractor procurement of steel, the formation of a purchase and sale contract relationship between him and the steel supplier, participants in the contract for purchase and sale of advisory company is not. According to the contract relativity principle, only one of the parties to the contract request or litigation based on the other party to the contract.
   2The subcontractor has partial performance of the contract. The subcontractor has to pay150Million loan, the steel supplier claim is to pay the remaining90Wan Wei, the Subcontractor is the proper defendant, no contractual relationship between the consultant company and supplier of steel;
   3Based on the above two points, advice, the defendant is not suitable for defense. Legal basis: "Civil Procedure Law" provisions of article 180th:"The prosecution must meet the following conditions: (a) the plaintiff has a direct interest in the case of citizens, legal persons and other organizations; (two) a definite defendant; (three) a specific claims, facts, reasons; (four) belonging to the people's court accepts a civil action range and governed by the people's Court of appeal."(Wang Shuo, Sina micro-blog@Leon_W1984)

 

348Ask: Hello, ask,2013Years4Month21At noon13When the10Division I with children playing in the park roller coaster, before driving value4000Multiple mobile phone is still in the body, after we walked down a roller coaster bought balloons, probably13When the20I found that mobile phone no see, call the show off, and then turn around and look around, find the roller coaster Management (conductor) asked him to see whether I lost my mobile phone, he did not answer, after a search for more than a month, later found now is this roller coaster administrator in my mobile phone, there is not enough evidence to his stealing or pick pocketing case, whether he is suspected of a crime? If the crime of what should I do?

Answer:1First of all, should be reported to the police, if the administrator is to pick up your mobile phone, has returned to duty, but you have to have some evidence to prove that it is your mobile phone.2Whether, for alleged theft, public security organs shall be responsible for, if there is evidence on hand, can be handed over to the public security organ. (Zhou Shishu, Sina micro-blog@Volunteer Zhou Shishu)

 

349Seek to understand, ask: "administrative lawsuit" lawyers answer:

According to the "Regulations" public information second chapters eleventh, I apply for government housing levy land where I, up to2013Years4Month18Day, housing demolition compensation, benefits distribution, the use of summary and detailed accounts of government information. But the government provides the book told: "because the collection work of land has not yet finished, relevant information is still out of change, you apply for a housing demolition and compensation, benefits distribution, the use of government information belongs to the active public information, is not complete, we will in the land expropriation of houses after the completion of the work initiative open to the public."

The plots of land by the government of Shenyang District of Huanggu2011Years8Month15Issued levy decided to levy, so far, has fast2Years.

The problem:

1The reason given by the government, whether it is reasonable?

2If the collection of accounts, belongs to the active public information, whether I have the power to require the government to levy work not completed, asked the government to a certain time point of the public information?

3In view of the above, to inform the content, whether I can bring an administrative lawsuit to the court, asking the government to open up to a certain point of time collecting information?

4Notice of the government, provided by the government for information: Shenyang city Huanggu district public office, if I'm going to bring an administrative lawsuit, if I can put forward to the Shenyang City Intermediate People's court?

Answer:1, personally think that the respondent reply defects. Housing demolition compensation, subsidies granted to initiative open government information. According to the "Regulations" the public information section21Article1The provisions of item, belong to the scope of the public, is an administrative organ shall inform the applicant to obtain the government information and the way. Way for the government to give you reply did not inform the public time and information, and not to answer book form, is the existence of defects.

2In the government for the completion of the collection, the circumstances, you have no right to require the government to disclose the information. "State-owned land on the housing levy and Compensation Ordinance" article29The only stipulation "house expropriation departments shall establish files of house expropriation and compensation, and the household compensation cases in the owners within the scope of expropriation announcement", not the process of information disclosure regulations, tax authorities may decide whether to agree to open the process information. But I personally think that a collection into a complete work, the work should be finished20Open to working days.

3The applicant refuses to accept, reply, you can bring an administrative reconsideration and the administrative litigation. The basis is: "the Supreme People's Court on some issues concerning the trial of administrative cases of government information disclosure regulations" article1Article2A: the citizen, legal person or other organization believes that a specific administrative act of the government information disclosure work in violation of their legitimate rights and interests, bring an administrative lawsuit according to law, the people's court shall accept: (two) that the government administrative departments provided does not conform to the appropriate form in the application for the content or laws, regulations. Article third: citizens, legal persons or other organizations think that the administrative organ fails to perform the obligation of voluntary disclosure of government information, directly bring a lawsuit to the people's court shall inform the, firstly apply to the administrative organ for accessing the relevant government information. The administrative organ or overdue reply not reply disaffected, can bring a lawsuit to the people's court.

4Because of you, filed a lawsuit against the defendant for the district government, so you can bring an administrative lawsuit to the court of Shenyang city intermediate people court, but in practice will be grass-roots court other than specified in the location of the handle. On the basis of: "administrative procedure law" article14Article3The intermediate people's courts shall have jurisdiction over the following items: the first instance administrative cases: (three) the area of major, complicated cases. "The Supreme People's Court on some problems in the implementation of" the people's Republic of China Administrative Procedure Law "interpretation" of article8A: one of the following circumstances, which belongs to the administrative litigation law article fourteenth (three) the provision "to the area of major, complicated cases:" (a) the defendant for the people's governments at or above the county level, and the basic people's court is not suitable to hear a case. (Zhu Dongsheng, Sina micro-blog@Don Quixote helpless)

 

350, Q: I met a legal problem in the work, solve:AThe unit of account make money into his personal account, prepare for stock, the subjective motive is clear, but have not yet been implemented stock purchase behavior, excuse me whether qualitative misappropriation of public funds for profit-making activities

Answer: about the embezzlement crime, criminal law and relevant judicial interpretations for embezzlement provisions for profit-making activities more, but for"Unused defalcation"The situation is a misappropriation of public funds for profit-making activities, has been not very clear. The Supreme People's court "national courts of economic crime case seminar" fifth paragraph seventh; embezzlement of public funds is not operating, as long as the same with"A large amount of"And"More than three months without further"The constitution, shall be determined as the crime of misappropriating public funds, but can be punished more leniently. That is to say, if you have personal profit objective subjective, but not the use of misappropriating public funds, in accordance with"A large amount of"And"More than three months without further"It can, for the crime of embezzlement of public funds, but this is the"The embezzlement of public funds for general activities in addition to illegal activities, profit-making activities"Provisions to convict, in the legal existence of objective and subjective inconsistencies.

In judicial practice, including some of the judges, prosecutors think, tend to think, the perpetrators have the funds transferred to the personal account of behavior from public funds, and find out the subjective motive is for profit-making activities, can be found to constitute the embezzlement of public funds for profit-making activities, also there is no lack of such cases in judicial. In the subjective motive for profit-making activities, misappropriation of"Noah"Should be understood as elements of objective aspects of the crime of misappropriating public funds, and"Use"Belongs to the elements of the subjective aspect of the crime. As long as the behavior of mobile public funds and make money out of the unit control, would be a violation of the unit on the amount of possession, use and income rights, undermining the integrity of public ownership, but also violated the integrity of state functionaries. In judicial cognizance should not wait for behavior, people will use a money, it confirm the occurrence of harmful consequences. People make money, even if not used, as long as have other elements of legal provisions, can be found in its composition of crime of misappropriating public funds crime. (Du Hongtao, Sina micro-blog@Wilsonduht)

351, q:So, my family contracted a fish pond village, build a house, but by the village villagers report, said to be illegal structures, I would like to ask, in this case how to legitimate

Answer: the "land management law" article14Regulation: the land contract farmers have the protection and rational utilization of land use in accordance with contract agreed obligations. Article15Article1The paragraph also stipulates: units and individuals contracted management of land, a protection and rational use of land use in accordance with contract agreed obligations. Agricultural land use change contract operator shall not alter the rights when acquired, will be allowed to agricultural land into non-agricultural land. Between the transformation of agriculture, forest, animal husbandry, fishery land, in accordance with the relevant legal provisions, and shall not violate the contracts. "Land management law" article12Article: according to the change of land ownership and use, shall go through the formalities of registration of changes to land. (this is generally to the people's government at or above the county level shall, in particular. The departments of land administration and Land Bureau) In said housing, I understand there are two: (a) the pond level, build a self Home Furnishing housing, then you to the Land Bureau for registration of land use change, and by the employer agreed. Or in the village with swap, a homestead; (two) I think here is supposed to be in on the edge of ponds temporarily put up a shed what, convenient operation of fish ponds, such word, without approval, it is not allowed to build, in the transfer of land on the new buildings and other facilities, the competent department of land may be required to immediately stop the construction, to dismantle, restitution. To continue with the work, have the right to stop, for the already completed, do not self demolition, may apply to a people's court for compulsory execution, may impose a fine. So you still must be agreed by the employer, and to the Land Bureau for examination and approval procedures, some township land can also be.
Note: the general practice is, if you have built, no one will force you to remove, you to go through a procedure, a penalty on the line. Of course, this is not called you to circumvent the law. (Luo Xingkun, Sina micro-blog@LNote book)

 

352,Ask:I want to ask, my dear brother with the bank for a loan, the guarantor is my uncle, my uncle died, what shall I do?
Answer: there is no guarantor Bai, the guarantor can not engage the identity inheritance is not hereditary, anyway you brother debt you brother you must also.(Sha MuyanSina, micro-blog@Sha Muyan law firm internship)

353, q:I have a staff of embezzlement of company business section13000Three days is not returned, a void if the prosecution will she found?

Answer: the provisions of the criminal law: the company, enterprise or other unit personnel who take advantage of their office, misappropriation of the funds for personal use or lending to others, larger, more than3Months of unpaid, or are not more than3A month, but the amount is larger, for-profit activities, or illegal activities, constitute the crime of misappropriation of funds. If appropriation not exceeding three months or even more than three months, but the automatic return before the incident, does not constitute the crime of. A large amount of3Years in prison or detention,13000Belongs to the larger range. Larger amount of non refundable, office3Years or above10Years in prison. If you have the ability to repay and absconding with money, with job occupation crime. (Zhou Shishu, Sina micro-blog@Volunteer Zhou Shishu)

 

354, q:As college students, housing or other personnel have the right to the person is not in the dormitory inside the dormitory!

Answer: student dormitory also belong to the private space, unless emergency situations, to open the door into the illegal access to private housing, but also violated the privacy of students. If managers need to do their work, to enter in the dormitory nobody, must obtain prior approval from the dormitory students agreed. (Sun Jianzhong lawyer, Sina micro-blog@Shanghai lawyer Sun Jianzhong)
 

355, q:My name is Fu Xiaoxia, is the Yang ban Shi Chu song Dengfeng city in Henan province within the jurisdiction of a small business,In the2012Years4In the area of Commercial Street South East month open Ming code Coffee shop,Investment of about one hundred thousand (at the time, and the landlord Jing Yufang signed a lease agreement, each year7Million rent, pay for half a year, in addition to transfer fee4Million, lease three years).2012Years8Month25Received government demolition notice, had forced water and electricity, the door is a highly meters building surrounded by garbage, unable to manage, suffered heavy losses. Originally belonging to the demolition compensation I was Liu Yuqin away, now I according to contract law sued the landlord Jing Yufang and illegal signed compensation agreement Liu Yuqin, request compensation for my relocation loss compensation5Million yuan, but the court is to "demolition, sensitive topic" refused to register, I now have it doesn't matter with the government, is completely and between landlords and Liu Yuqin's contract disputes,Why the court in such a reason to refuse registration, always wanted to do not understand.Please help me, what should I do?

Answer: the indictment did not mention a word units, only that the landlord refuses to perform the contract, request to bear the penalty and damages, when standing on the case, the hearing again details(The Nie theory)

 

356, ask: Excuse me: a group of people to eat and drink, during which discourage drivers do not drink, its promise. But then continue to drink. Finally a man on his way home because of drunk driving accidents driver was killed, asked whether the other person liable to request the car (two people have the license)?

Answer:1Because a group of people together, eat drink, so common drinkers because drank wine to produce collateral obligation. Although there are people to discourage drivers do not drink, but not to stop, no escort and notify the family, is not as to obligations, in accordance with the "general principles of civil law"119And the "tort liability law" article6A bear fault liability.

2In accordance with the "tort liability act," article16Article,18A close relative, the driver has the right to bring an action in tort. To request the infringer to assume the tort liability, and request compensation for funeral expenses and death compensation etc..

3, liability ratio by judge according to the specific circumstances of discretion. Sina (micro-blog@I'm not Steamed buns are Hanamaki)

   

357Ask: Hello, last night, at the junction of the lamp driving, and the car in front (block the plate) separated by about5Meters, the green light when the car suddenly before reversing gas hit my car to escape to the front wheels, cause I was stuck not chasing after, I call the police, traffic police to the scene to understand the situation after the investigation, said to me after you give110Answer the phone said he did not pursue the matter, or put me in this form to write on their own not to pursue the matter, I asked why, he said that you write, you want to survey the truth tell you a year or so is cut not the case. I was angry. Everything is so, I have a few want to consult you. First, I have the time and the police dialogue recording whether as evidence against the police malfeasance, not as threatening behavior and parties success case, win?Second I intend to escape vehicle accused of attempted murder in criminal case investigation?Third if the case really dragged on a year or so I really can't afford, what legal provisions similar to this case closed dates, if time is too long can the administrative reconsideration?

Answer:1The car suddenly, before reversing collision with your car, system of road traffic accident. In accordance with article seventy-second of the law on road traffic safety, traffic police departments should survey the scene, collect the evidence (including tracing the accident vehicle) and timely responsibility cognizance and disposal.
2If there is evidence that the police, you slack performance or incorrect performance, depending on the traffic safety law the eighty-fourth regulation, to the police department, the police where the superior police department and the Government Supervision Bureau complaints, whether to put on record, the complaint is successful depends on you to provide evidence and the police were checking illegal the degree of.
3Are you going to escape vehicles, charged with attempted murder, we cannot rule out that very special and rare, but unless you in front of the driver of a car's motive to provide clear evidence. The accident is a traffic accident escape, your murder to file criminal charges.
4Ninety-third, the implementation regulations pursuant to the law on road traffic safety, traffic police department after inspection, inspection at the scene of the traffic accident scene should be in the date10Production of traffic accident days confirmation. But the accident, accident car you the consulting escape, chasing and the vehicle exists objectively difficult, therefore issued by the traffic accident may not be able to identify the vehicle. Sina (micro-blog@Colors fade)

358Question: I ask a lawyer, judge, Executive Bureau issued a notice to the other party has. The long party?

Answer: you have consulted the issues related to execution of civil case? In accordance with the law, responsible for the fulfillment of the people's court obligations fails to perform the set time limit, the applicant, the court may file and execute. According to the "Civil Procedure Law" provisions of article 240th:"The execution officer receiving the written application for enforcement or the transfer of enforcement, shall issue an enforcement notice to the person subjected to execution, and can immediately take enforcement measures.". In accordance with the "provisions of the Supreme People's Court on some of the people's courts(Trial)"Article24The execution notice"Ordered (person) to perform the obligations specified in the legal document in effect in the specified period"During the period, the designated as determined by the executive according to the fulfillment of the obligations, the execution may perform ability discretion, but generally will not be too long. Specific you can query or consult the notice of execution to copy the executive judge. If you think a specified period of time properly, may want to perform the complaint. Sina (micro-blog@Colors fade)
 

359, Q: School of chemical and material engineering, Changshu Institute Of Technology leadership mobilization students engineering research, the test research is just buy diploma, certificate six hundred pieces. The certificate on the surface that is to increase employment weights, is actually to graduation. These certificates can add prime extension in two parts, prime extension with five points to graduation, most people don't buy these certificates, fraction is not can't graduate. To sum up, want to graduate? Get the money! This Is it right? Disguised extortion?

Answer: in accordance with the provisions of the "law of higher education" fifty-eighth:"The ideological and moral education of students of higher education qualification, provided for in the course of life complete the prescribed course, achievement qualification or repair the corresponding credits, granted graduation". Article thirty-fourth:"Institutions of higher learning according to the needs of teaching, self teaching plans, compiling teaching materials, organize the implementation of teaching activities."
Your school may be credit quality development be Xiuman credits to the requirements, the direction of educational development should be reasonable. The legitimacy of the law, should inspect your school school whether Xiuman five prime extension points allow graduates to express. Whether the blackmail too, must regard the school there are not many channels of prime extension points for the way to provide for students. Personal recommendations or according to the school to complete Sutuo points, in order to avoid the complex problems caused by too much delay. Sina (micro-blog@Colors fade)

 

360, q:I'm from girlfriend Alipay account2500Yuan, girlfriend reported stolen, my girlfriend is willing to forgive me! I am now in custody, may I ask how can I do?

Answer a:1If you do not know, in his case from the Alipay account2500Yuan, due to the Department of"The secret steal"In accordance with the provisions of article 264th of the criminal law, the crime of theft, the amount has reached the standards of prosecution, indeed constitute the crime of theft.
2However, in judicial practice, the special relationship between you and the owner based on small amount, and theft, if the circumstances are relatively minor, the consequences of minor practical, is generally not strict accountability. I do not know you are now under criminal detention? You can ask his girlfriend to the case handling organ written said understanding, then you can apply to the public security authorities released on bail pending trial, according to the "criminal law" article142Article"Regarding the crime situation slightly, without judgment or waive the penalty, the people's Procuratorate may decide not to initiate a prosecution"The provisions for review and prosecution, the stage of relative non prosecution.
3If your girlfriend, pay treasure account and password by girlfriend inform, whether it had authorized you to use and dispose of the account property clear? If there is evidence of this, your behavior does not constitute a crime, no punishment. Sina (micro-blog@Colors fade)
Answer two:1From one thousand to three thousand, is the theft case of standard, whether to constitute the crime of theft, to see what the standard. If the standard is one thousand constitute theft, so is the crime of theft. If the standard is two thousand six hundred, so it does not constitute the crime of theft.
   2If the theft, theft, according to the judicial interpretation of article seventh, be forgiven by the victim, may not be prosecuted. This amount plus the victim understanding, is usually not to prosecute, but can not guarantee that no prosecution.
   3Even though the amount standard, does not constitute the crime of theft or larceny but gained the understanding not to prosecute, but still need to accept the administrative punishment. The question now is how to avoid administrative punishment. Similarly, according to the law on administrative penalties for public security for your girlfriend, understanding, and take the initiative to admit mistakes, let the police know that you regret, can reduce or not to carry out administrative punishment. (Jing Hao, Sina micro-blog@King Mu Siyu)

Supplement: the new judicial interpretation of theft theft seventh, large amount of public or private property, confession, repentance, ultimately, behavior, compensation, and has one of the following circumstances, if the circumstances are minor, may not be prosecuted or exempted from criminal punishment;"When necessary, shall be subject to administrative punishment by the relevant departments".
According to this article, exempt from criminal responsibility, administrative responsibility is.

Answer three: Problem6It is best to add several situations: if not specified, the report of criminal suspects, can let the girlfriend explained to the police is a misunderstanding. If, to report to the police have specified is the boyfriend to steal, to analyze the past does have joint control account, if any, to the police that, basically also. If the report, which refers to, and no joint control of evidence, but, it seems he also admitted that he took the money, basic to be convicted, but can be integrated evidence, do light offence defense, look can reduce the punishment or probation. (Mr. Jin Hongwei)

 

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