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 661st to 690th legal consultation

 

"Major" legal aid Micro message platform Q & a record (twenty-eight)

 

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:

 

661, Q: (Reference: A) a village cooperative Limited by Share Ltd (referred to as the company), a total of 107 shares, the shareholders for the whole village. A is the "company" one of the shareholders (11 shares). A B C D for all actual investment of an enterprise (the actual registration workshop all artificial nail), Ding Junwei ", the shareholders of the company". Now, company signed a cooperative housing agreement with a Real Estate Company, the plot involving demolition compensation to shareholders a all plant. The company did not open the general meeting of shareholders, and the first resolution one by one come to shareholders "voting" way to confirm the resolution of the general meeting of shareholders, the company interests are part of the damage. I would like to ask: A how the shareholder rights?

Answer: the original letter consultation event, involving: the resolution of the general meeting of shareholders is effective and executives to damage the interests of the company issues.

Measures:[Prosecution]"Company law" twenty-second paragraph second, a can be within sixty days from the date of the resolution is made, request the people's court to revoke.

Measures two:[Requests the interim shareholders' general meeting]The A series "shareholders" owns 11 shares, the company shares 1 of the total0.28%According to the "company law," article 101st (three) of the Convention, alone or together hold the shares of the company10%The shareholder may request the company convened shareholders meeting.

Measures three:[Requests the board of supervisors perform their duties]According to the "company law" A 152nd directors, senior management personnel of the 150th article of the cases, limited liability company, the shareholders of Limited by Share Ltd for one hundred and eighty consecutive days or more separately or aggregately holding one percent or more shares of the company shareholders, may request in writing to the board of supervisors or not set up the board of supervisors of a limited liability company shall apply to the people's the courts of this law; the 150th article of the cases, the shareholder may request in writing to the board of directors or not set up the board of directors of a limited liability company executive directors to the people's court.

The board of supervisors, do not set up the board of supervisors of a limited liability company supervisors, or the board of directors, executive directors declined prosecution received the shareholder specified in the preceding paragraph written request, or the receipt does not bring an action within thirty days from the date of request, or in case of emergency, don't immediately filed a lawsuit will cause irreparable damage to the interests of the company the provisions of the preceding paragraph, the shareholders have the right to the interests of the company in their own name directly to the people's court.

According to the requirements for the board of supervisors to safeguard rights and interests.

This event, involves the facts are more common, and relates to many people, in normal practice, especially when the executive human company interests damage in the event of, operation more complex. The petition and litigation, suggestions to resolve through litigation.

The above three measures, which can be used for reference for. (Liang Hui's party, Tencent micro-blog@Liang Huidang.

 

662, ask: Hello, want to ask, my husband last year in Nanjing branch of Sinopec gas station stationmaster as during the post, a large number of long-term customers recharge card, after a recharge in not timely received five hundred thousand yuan of money caused air recharge, after my husband wanted to conceal the company to the client to continue until the payment to recharge503Million, and station staff he knew to be deceived, reports and on the spot on the card to freeze to the company, at the same time to the customer repayment, the repayment of the customers425Million, the remaining78Million is not on, the company asked me husband for the customer in advance78Million, my father-in-law mother-in-law to save the son will advance, companies also require written voluntarily for the customer payment note, I would like to ask the remaining78The husband I million advance? There are companies suspected of collusion my husband and the customers both inside and outside, but the fact is not, the public security investigation confirmed my husband never and the customer has an interest in. Later in the customer's425Million was not his own, he tricked from there he below the customer, in the know of the situation before, in not received503Million in advance200Million cards to the customer, that is to say, the real people who pay did not get that200Gas card million, now it has dragged on for nearly a year, did not say, how should we do? And my husband to pay what kind of responsibility? The customer fraud my husband is not informed, thank you!

Answer: the case of me from the two line to answer, a husband to you as the main line, another one is from customer as the main line analysis. First of all from the customer side, deliberate fraud and fraud, to start a large number of long-term recharge card as bait for oil, gas station after the trust, lead to gas station in the oil card50Million yuan, do not pay deliberately50Million yuan oil costs, and then as a threat, the requirement of oil station to recharge to503Million, subjective are deliberately not to return. Therefore, the customer for the amount of fraud503Million yuan. To return the funds as behind, but constitutes a sentencing plot; as to your husband, and customers are not the common intent, and therefore can not constitute fraud accomplice, cannot constitute a crime of corruption (not embezzle intentionally), but your husband as a webmaster in deficit50After all, still let customers continue to make its fraud amounted to503Million, to403Million the amount of fault may constitute a crime, be forgetful of one's duties (as your husband for civil servants). To return as behind, can alleviate sentencing plot (Zhang Zhiqiang)

 

663Q: my father, a presumably60Flat house'Is the previous units to land'He had built'There is no real photos'These years have been rented out'A few years ago his father took several years of rent'Received fifteen thousand yuan'But when the father drunk'Don't remember how I hold the agreement'Recently to 844000 houses'To see the agreement is said to my father's house is their'The agreement says'The rent is due'The house is up to them'I don't know what to do?

Answer:1Housing lease agreement, during a party rental housing rental income, is a return to abandon the temporary Zhan Youwei cost to obtain; the lessee in obtaining housing tenure at the same time, need to pay the corresponding price to obtain possession of the house. In the housing after the expiry of the lease, agreed housing to each other all, such an agreement is actually changing the leased housing, and change to the sale of housing, the sale of housing agreement is valid or not, first of all to the sale of housing has sold, and the sale of housing for housing the rightful owner, and no coercion, fraud, a major misunderstanding, contract is the true meaning of the expression. Housing sale and purchase agreement, be in written documents, and have the corresponding format requirements, just that you have put forward in each other to drink wine, and only in a certain location marked "the rent is due, the housing to the Lessee" does not have effect, can be revoked.2On the housing problem, no real photo: although your father not housing certificates, but your father is still the of all housing, property law non legal act can obtain the ownership of real property, such as building behavior;3There is also a problem, need to be clear, if the building in the city of words, according to the "city housing rental management approach" failure to obtain all of the housing can not rent. But this provision is not forbid you father in the rental period cannot obtain the corresponding to the price, but in order to prevent the ownership caused by possession of the unknown. (lawyer travel, Sina micro-blog@Lawyer)

 

664, q:2006I borrowed1000Million business, also388After all isn't clear, he sued, the court sentenced me a villa do price200Million debt, owed him499Million, now my name there is a set of250Square metres Deshang, at least I value in Tangshan this Deshang500Million, for I have need dialysis uremia, I have no work, now we settled in court, has not been signed, he let me rent Deshang6Years, I rent, but Deshang transfer to him. A friend said, house over to him, he wants to sell to sell, and now he is Hu cage to my house to him, I can ask the court to issue decisions to the real estate center, stop him real? And if I don't agree with reconciliation, the court auction Deshang words should go what procedures? I have no house now, the court should give me somewhere? Thank you

Answer:1You do not know, the "reconciliation" refers to the "outside the lawsuit reconciliation" or "court mediation";

2If the settlement, reconciliation, equivalent to the nature of the contract, which do not have mandatory, the other party may go, but if you go back, you can request the other party to bear the liability for breach of contract, its compensation for the losses caused to you rent;

3The court mediation, if it is, it has the same effect with the decision, you need not worry too much;

4The problem about the court auction procedures, Deshang, the Supreme People's Court on the "people's courts in civil execution auction, the sale of the property provisions" in detail, you can refer to, this not one one of them;

5On the villa, you said as the only real estate you the rest of the problem, according to the "Supreme People's Court on the civilian implementation of attachment, seizure, freezing property of" the sixth stipulation: "dependency on the person and their family life are essential to living housing, the people's court may seal, but not auction, sale or set off." So, in whom only one set for the family life of the housing situation, the executing organ can not take auction, sale and disposal measures. However, due to the provisions of this article is to protect the execution of basic human rights, in the person to be enforced for the only housing is higher than families living necessary housing, such as luxury villas, consider giving the person to be enforced the replacement of a can meet the family living ordinary housing should be in the implementation, two sets of houses difference in value to meet the person applying for enforcement of creditor's rights. (Wang Xiaotang, Sina micro-blog@Major case-Wang Xiaotang.

 

665Ask: Hello. Excuse me the private sector employees have prescribed sick pay in labor law. If the enterprises do not pay sick pay to be illegal?

Answer: Hello, a holiday, disease:

In accordance with the "enterprise staff is sick or non work-related injury medical period".

Working in10The following year, the unit of length of service5The disease holiday3Month,5Years above6Month.

Service for more than ten years, the unit of length of service five years following6Months, the following five to ten years9Month; ten to fifteen years12Month. Fifteen to twenty years18Month in more than twenty years24Month.

Two, the period of medical treatment, disease vacation pay

A continuous period of medical treatment in the6Within a month. The enterprise service dissatisfaction2Years, according to my salary60%Payment. Full2Years of discontent4Years, I pay70%, full4Years of inadequate6Years, I pay80%, full6Years of inadequate8Years of my salary90%,8Years and above100%. Exceed6Months, according to1953The Labor Insurance Act Amendment years "". Stop hair salary paid by enterprises, the labor insurance fund, but the reality is the labor insurance fund to do not exist already. So the labor department "on the implementation ofThe labor law of the people's Republic of <>The provisions of the "opinions on several problems,Sick leave wages or disease relief can be paid but not less than the minimum wage is lower than the local standards of wages80%. (The labor inspection Hong Yi, Sina micro-blog@The earliest80After the)

 

666, Q: I present a car by other vehicles rear end, the full responsibility for each other, we will be damaged18Million, has been in4SRepair shop, but the incident is not willing to pay for the repairs, cause I can not put on the car, how should I do? Thank you

Answer: (1You can contact) and make the traffic accident responsibility identification of the traffic police brigade, first may request the traffic police brigade to handle, the accident secondly, relevant information can be found in the other vehicle, cross strong insurance of all people, including other vehicles and commercial insurance underwriting insurance companies;

(2) if the party does not wish to the traffic police brigade under the auspices of processing, then you can to the court of the road traffic accident damage compensate lawsuit, according to "the Supreme People's Court on the trial of the road traffic accident damage compensation law applicable to the interpretation of several issues"25The provisions of article, you can use the party, the party contracting cross strong insurance and commercial insurance company as a co defendant, compensation for the three party to your vehicle damage. (lawyer Han Song, Sina micro-blog@Walker-Pine)

 

667,Ask: my mother has a set of public rental housing in Akesu City30For many years, in the units of work30For many years until retirement,3Years ago died, now a unit to tear the house down, and without any compensation, I as a common residence requirements placed or monetary compensation? Now the house was to be built from the housing1000Yuan / square meters, household83Square), unit to the lessee died, as the reason I'm not this unit, deprives me of raising power, at the same time with my dad the allocation unit (housing reform houses has) not to put, I think if litigation what result will be,1To secure financing, right?2, for low rent housing? (fear of low rent housing is temporarily hold us, a few years will not let live in public rental property) for the Xinjiang production and Construction Corps Center of Akesu transport station (nature is corps to invest in local state-owned enterprises) the lessee is my mother a person,(My father is a unit of Akesu District Public Security Bureau, Public Security Bureau of housing reform, the mother unit proof Corps transport station without housing reform) now to build housing, open my house, corps transportation station to the lessee died, Dad unit housing reform that has ask me to move out, and no place, no compensation, most Corps transport station everyone can participate in the financing of the housing, five families in my situation, all have no right to participate in financing housing, and no compensation, no low rent housing.

Answer: A, according to the case that you provide, your house is rent. Public housing demolition, involving the public rental housing units compensation segmentation. The following is the right to split the human condition:
As a common residence requirement: have permanent residence in public housing, has been living for more than a year, and no other real
Although the house or other living in housing but difficult for married people; or in residential units of public housing.
Such as obtaining unit housing subsidies, have the ability to purchase and not after purchase, still lived in the common people living by the demolition of public housing. Is not for public rental housing units compensation segmentation.
Two, if you meet the public rental housing segmentation of the human condition, according to the State Council issued the "City Housing Demolition Management Regulations" Ordinance No.27For rental housing resettlement compensation for the demolition provisions: "rental housing residents, housing tenant was taken with the lifting of the lease relationship, or who were residents of a housing tenant placement, removal of people who were relocated compensation. Housing tenant was taken with the lifting of the lease relationship no agreement, residents should be relocated to the housing property exchange. The property housing units from the housing tenant lease, the person should be taken to the housing rental contracts signed with the original housing tenant." Visible, the regulations have been made principle provision for city public housing relocation and resettlement.
According to the provisions of the Ordinance: one is that you can choose to monetary compensation and resettlement; the two is that you can also be housing units, units of housing property units for you, housing units by the unit you, and you re housing rental contracts signed. Mi Weijun.

Supplementary answer: first, the ownership of housing units, whether public rental housing or housing units built, are state-owned enterprises contribution to the employees of a material reward, we known as welfare. The state-owned enterprise is its superior welfare conditions, has long attracted a large number of people yearn for. There is a wrong viewpoint, think state-owned enterprise on this unit worker welfare is limited to individual workers. This view is not only inconsistent with practice operation, but also is inconsistent with the theory. Because the unit of welfare for workers, because workers made a contribution to the unit; and the employee contribution cannot do without the support of my family on the unit. So the unit welfare is not only to the unit staff but also for a reward or return of worker family. At the same time, from the ethical perspective, no parent efforts not to family and descendants. Therefore, if the unit is limited only by the amount, staff welfare, but neglect and deny the families of workers and staff welfare rights, not only against legal principles, but also easy to dampen the enthusiasm of workers work.

       Therefore, you can obtain from the housing authority. Because housing is a substitute for the original public housing, so to obtain housing right at you, you will lose the right to compensation.

       Two, even if all the above reasons, not for the court to adopt, because between you and the unit currently belongs to the non fixed term of the lease contract, therefore, according to the "contract law" article 234Th "the death of the lessee in the lease period, the persons who live together with the deceased may in accordance with the original lease contract to lease the housing", and 232nd "where there is no agreement or the agreement is not clear on the term of the lease, nor can it be determined in accordance with the provisions of this Law Article sixty-first, as a non term lease. The parties may terminate the contract at any time, but the lessor terminate the contract should the Lessee "a reasonable advance notice before, you can continue to perform the lease contract, and to the lessor -- to terminate the lease contract on the grounds that no advance notice, the unit shall bear the responsibility for compensation. But this time, you lose the right to housing.

       The above two ideas, is one of two. One is the best, the worst. Sina (micro-blog@Lawyer)

668,Ask:Hello, I want to ask a question about credit card. In March this year when a friend says he works in a bank's friends have several credit card task is not complete, let me do a, when the help, perhaps will be used. At that time, not as a thing to go with him to Shijiazhuang to do a China Everbright Bank credit card, the card down, he said to me, for the turnover of the fund, and then he would give me sign a loan agreement, at that time I did not want to, because of the credit card does not understand, through him. Later the bank call me call, I know he did not repay on time, I asked my friend, he said that the card is not his brush, he is a friend to steal to brush. And now these two people I can not contact, we went to the local public security bureau of Economic Crime Investigation Brigade they say jurisdiction is not in our local (Shandong Feixian County), we should go to Shijiazhuang. Does it matter how to deal with? Now it is urgent, banks must file a proof of our.

Answer: according to the "public security organs for criminal cases procedure" section15Article1Paragraph: criminal cases shall be under the jurisdiction of the public security organ to the crime. If the public security organ suspect residence jurisdiction is more appropriate, can be under the jurisdiction of the public security organ suspect residence. Therefore, we recommend that you as soon as possible to contact the crime to the public security organs. Sina (micro-blog@Major case-Wang Xiaotang.

 

669,Ask:Hello, please help owe usury50Million, have to do housing mortgage, sign IOU, IOU writes only the principal and interest on borrowing, did not write the date of return, debt has3Years, is also the principal30Million, now the rest of the principal20Million, the monthly interest2.5Divided, i.e.15000A month, in the period of interest are still together, in the last period of interest in5000No, he sued me grandpa to beat our house, now received a court summons,8Month6On the court, in this period of interest to it? And this5000Element will be added to the principal interest, this2.5% interest on whether more than loan interest4Times, now we get10Million, he beat the strong possibility of our house, the house is built have house property card and card, two shops, rent a month4000. What should I do. Thank you

Answer:[If cannot theorem by, proceedings, borrowing contracts during the validity of the contract does not reduce]The borrower has to borrow money in all 500000, and settled 300000 share interest. Now more than 200000 of principal and interest on the principal of 200000 students (5000 yuan). First of all, if the contract does not void reasons, according to the "contract law" provisions of the loan contract, effective, both sides in accordance with the contract, unless the parties through consultation. Secondly, the prosecution does not affect the validity of the loan contract. So the two sides in the contract is not fulfilled, have obligations.
[If the contract does not specify the calculation of compound interest, 5000 yuan should not be counted as the principal Gunli]The Supreme People's Court on the implementation of "of civil law of the people's Republic" opinion (Trial) 125 loans between citizens, not to protect the Lender Interest will be included in the principal amount of compound interest, the interest deduction; in borrowing, should be based on actual loan interest payment number. Also, the Supreme People's court1991Years8Month13Japan announced the implementation of "the people's court case about borrowing some opinions" provisions of article seventh:"The lender shall not be included in the Jin Mou usurious interest. Creditors will interest into the principal interest discovery proceedings, the interest rate exceeds the prescribed in article sixth limit, the excess interest is not protected". The article explains, "a number of opinions" about people's court lending case conditional interest, This condition to the parties have agreed in the contract interest as the most important condition, to compound interest amount not exceeding four times the interest principal consideration conditions. What you said in this case, if the contract is not clear calculation of compound interest, the other party may not calculate.
[It is understood, banks are now lending rates generally 8 per cent to 1 points]
[Other advice and negotiation]The other reason to sue for debt, this is legal rights endowed by laws, as for whether the other side to solve by the prosecution way, depends on both sides of the communication effect. As for the auction, if not do housing mortgage registration, the other has no direct legal basis for auction houses. Such as housing has done mortgage registration, the other party may request the realization of mortgage collateral, auction. (Liang Hui's party, Tencent micro-blog@Liang Huidang.

670,Ask:If two men are fighting, and one not careful to mediate the wounded, and ears sewing needle four, legally I should compensate how many money?

Answer: from your description, you and B fights, wounded sort C.

  A,CThe injury is becauseBThe direct injured, so,BThe direct infringer, in accordance with the "tort liability law" article sixteenth, article twenty-two, shall be borne by the offenderBA party toCThe loss, compensation for medical expenses, nursing fees.

Two, such asBHas escaped or general treatment there is no compensation ability condition. Because the sort of peopleCIn order to protect your interests and hurt, so, in the damage caused by the partyBThere is no compensation ability, in accordance with the provisions of article twenty-three "tort liability act", may require you to be in the range of appropriate compensation benefit. On the other, there have been relevant case benefit shall assume the victim 20%. (Tencent micro-blog@Liang Huidang.

 

671,Ask:Hello, I am Peng Sheng help me with my clothes on grounds of fraud from the beginning of production12.5Million. After the police station, to3Early registration at the beginning of April, I put the suspect caught and sent to the police station, case. After the detention of, I was required to submit all of the evidence and materials, police said to me. Criminal detention22Days later, people were acquitted, as the victim, completely unaware. The release of the second day I called the police station about the case progress, they told me the case soon a trial, and then separated2Days later, I called again to the police station for the final result, it is in the5Days ago was put.

Answer:1First, you have to figure out your case to which links, reason out there are many, there may be a guarantor pending trial, you'd better let the investigators issued written materials to you, let the suspect out what measures to take.
2If the other party really is, as you said acquitted, you took the written materials that appeal to the public security organ at a higher level or the procuratorate. If you do not give written materials, you can appeal to the authorities. (law student Chen Zheng)

672,Ask: Hello, I would like to ask in Beijing, the company is employee pay housing provident fund is a compulsory? If I tell the unit signed an agreement that give me cash will not pay the provident fund, this Agreement effective? Thank you.

Answer:1According to the "Regulations", the relevant provisions of the management of housing provident fund, housing units and active employees provident fund is the long-term housing savings, mainly in the form of housing allocation monetization, socialization and legalization. Housing accumulation fund system is an important social security system of housing law, have mandatory, mutual aid, security. Units and employees must perform the duty paid housing provident fund in accordance with the law. 
2Here, the unit including state organs, state-owned enterprises, urban collective enterprises, foreign-invested enterprises, urban private enterprises and other urban enterprises and institutions, private non enterprise units, social groups.
3, housing provident fund has guarantee, mutual aid, long-term, universal, compulsory, welfare, return.
4Based on the above, housing provident fund, according to the nature of your units need to distinguish between the following two ways: first, if your unit is one of the above provisions of state organs, state-owned enterprises, urban collective enterprises, foreign-invested enterprises, urban private enterprises and other urban enterprises and institutions, private non enterprise units, social groups is your unit for you, must pay the housing accumulation fund, that is to say you agreed to this agreement to the housing accumulation fund is invalid, but other parts of the contract is still valid, because according to the contract law, the contract is partially invalid does not affect the validity of the other parts; second, if you are not in the above several unit nature, as long as you both voluntary agreement, the agreement is effective. (law student Chen Zheng)

 

673,Ask:Hello@My father major accident at the site during the work, treatment is invalid after death. Has been identified as work-related injuries, the Labor Party during the treatment of advance in my father15All medical expenses! Now the death compensation! Labor party required to return the original advance15All medical expenses, is this legal?

Answer: according to the interpretation of the Supreme People's Court on certain issues concerning the application of law in the trial of personal injury compensation case

  Article seventeenth the victim suffers from a personal injury, medical treatment due to the cost of expenditure and revenue due to loss of working time, including medical expenses, lost income, nursing fees, transportation fees, accommodation fees, hospitalization fee food subsidies, necessary, the obligation of reparation should be compensation.

  Disability, the expenses necessary for increasing the life needs spending and result in loss of working capacity loss of income, including disability compensation, disability AIDS charges, was dependent for living expenses, as well as rehabilitation care, continued treatment of the actual cost of necessary rehabilitation, nursing fees, follow-up treatment fee, the obligation of reparation should also be compensated.

  The death of the victim, the relevant expenses shall be the obligation of reparation in addition to compensation in accordance with the rescue treatment the first paragraph of this article, should also be compensation for funeral expenses, was dependent for living expenses, death compensation and the relatives of the victims for funeral expenses of transportation, accommodation and loss of working time and other reasonable costs. (law students peace)

 

674Ask: everybody, good lawyer! Want to ask about a compulsory education of the legal issues. If a primary school in Beijing, definitely not in accordance with the principle of near entrance, not receiving scribing range of non Beijing by students, as parents of school aged children, whether we could sue the school and education? Thank you. (we've got a real street office issued a study that, but not receiving said scribing school)

Answer: our country "Compulsory Education Law" provisions of article twelfth, school-age children, juvenile admission. Local people's governments at various levels shall ensure that school-age children, juvenile domicile school in the nearest school. The parents or other legal guardians in the non domicile or residence of school-age children, adolescents, their parents or other legal guardians work or residence to receive compulsory education, the local people's Government shall provide equal conditions for them to receive compulsory education. The specific measures shall be formulated by the provincial, autonomous region, or municipality directly under the central government.
"The Beijing Municipal Education Commission on2012Years of compulsory education stage school work opinions "provisions in the entrance way, in accordance with the exemption, the principle of the nearest school, who are6Years of age (2006Years8Month31Days before birth) and has permanent residence in the city of school-age children are nearby enrollment.
Non city residence school-age children, adolescents, because the parents or other legal guardians in the city to work or live in the city to receive compulsory education, by their parents or other legal guardian I hold temporary licence in Beijing in Beijing, the actual residence proof of residence in Beijing, migrant workers employment certificate, account for the location of the township government issued on the local conditions that no care, family residence booklet, proof of residence certificate, the neighborhood offices or Township People's government after the audit identified, to determine the residence district board of education school student; school reception difficulties, can apply for Residence District Board of education to coordinate and solve.
Therefore, according to the provisions of the laws and the city of Beijing, the rights of non nationals school-age children in line with the conditions of the nearby enrollment, or enter the scribing school. The school violates the provisions, suggested that parents can carry the relevant documents to prove, and school communication invalid, may apply for the District Board of education mediation. (Wang Jing, Sina micro-blog@Major case-Wang Jing.

675Ask: Hello!My brother-in-law2012Years11Month filed for divorce, the court not to leave!This relationship has been broken, the man or woman, want to sue, but the account book and the marriage certificate is the collection, only the court judgment last year book materials, may I ask how to be treated as?

Answer: A, according to China's "marriage law"(Amendment)Article32The provisions:"A party of men and women for a divorce, the organizations concerned may carry out mediation or directly to the people's court in divorce proceedings. The people's court shall carry out mediation of divorce cases;Such as the feelings that have been broken, the mediation fails, divorce shall be granted."The woman (your sister) can be sued for divorce.
Two, your sister initiate divorce proceedings, in principle under the jurisdiction of the people's Court of the place where your brother-in-law.
Three, your sister Sue divorce evidence:
1Married, proof material;
2Evidence based, marriage status. As introduced by the people or forced marriages and other supporting material;
3The reasons for divorce, proof materials caused by married couples, change. If the third party causes the divorce, provide third party intervention specific facts, the testimony of witnesses, audio-visual materials and other supporting material;If there is physical defects, mental disease, diagnosis, identification book book;
4Proof of relationship between husband and wife, material status. Such as separation, separation time, provide reasons and other materials;
5, was sued for divorce, to provide the court verdict, ruling and other materials;
6Status of children. Provide child birth certificate, residence certificate, the couple raising conditions, children are willing to follow a life that proved;
7, the property list. Including property variety, quantity, status, has the time and manner;
8The economic situation, both sides. Both income, savings, debt certificate. If the unit proof, payroll cards, deposit, account, the amount of debt, creditor's rights, number, name, address and other creditors;
9Housing, the evidence material. The property right certificate, lease contract, certificate or property unit for lease relationship advice;
10Each other, need financial help, provides proof of illness or no source of labor ability, economy;
11, request the spirit damage compensate for each other, bigamy/Together with others/The implementation of domestic violence/Abuse, abandonment of family members and other evidence.
Marriage certificates, residence documents, your sister can their identity cards to receive a marriage certificate issued by agencies and the police station. (Mi Weijun, Sina micro-blog@Wei Jun2013)

676Ask: Hello, my village, the demolition resettlement, a woman to marry me, but they didn't have sex, people disappear, and in my account without the knowledge of immigration, in order to get the resettlement and other welfare. Does this belong to marriage fraud? I can let the court sentenced the marriage void and cancel all demolition resettlement treatment?

Answer: a.Does this belong to marriage fraud? Because of insufficient information you provide, so we cannot determine whether marriage fraud, but if you have the relevant clues that the fraud suspects, can alarm to the public security organ in your local. 

Two.I can let the court sentenced the invalid marriage?

According to the "marriage law" the tenth regulation, any of the following circumstances of invalid marriage:1Bigamy2A forbidding marriage between blood relatives3Marriage with medicine that should not be married, marriage has not been cured of the disease4Under the legal age. This is clearly defined several cases of invalid marriage. Marriage fraud does not belong to several cases of the invalid marriage. So even if you bring a lawsuit to the court, the court can not be sentenced to your marriage is invalid. If you really want to end this section of marriage, according to the "marriage law" the relevant provisions of the divorce proceedings, but, from a single interest from the perspective of personal recommendation is not filed for divorce, because you now occupy a favorable position.

Three.I can let the court to cancel all the demolition resettlement treatment?

Because your marriage is legal marriage, so the court can not cancel the demolition resettlement treatment. But for the information you provide, the woman is the man directly disappeared, I can't find her, so you want to cancel the demolition resettlement treatment, then can through legal channels in addition to protect you1You can apply to the court for the declaration of disappearance, but missing application requires certain conditions, one of the conditions is declared missing citizen One's whereabouts is a mystery. to two full years (this two-year period is from citizens disappear day calculation). For a declaration of missing you, the court declared missing after the verdict, you can become your wife's property escrow, escrow she received demolition resettlement treatment. If in this two-year period, the woman appeared again, so suggest you to negotiate on the matter, to solve it from the root.2If you want to cancel the demolition resettlement welfare woman, can also refer to the village collective organization that the woman only into account but not in the local life and not to the village collective organization resources to the source of life, put forward not recognized the demolition resettlement welfare distribution qualification. (Yin Shiyang, Sina micro-blog@White law)

 

677, q:Excuse me, would you: I bought a set of house, there was no transfer of ownership, because now the house to be developed, I want to transfer, but the original owners want to have a house, does he get?

Answer"Property law": according to the provisions of article fourteenth, "the establishment of real property, alteration, transfer and elimination, in accordance with the law shall be registered, once recorded in the immovable property effect of register." The provisions of section seventeenth, "property management authority certificate is the right person to enjoy the immovable property of proof." At present, the original owner is still housing ownership. If the housing demolition, so the original owner is the object of compensation for relocation.

Based on your description, your problems are two different scenarios:

The first case: you said the house should be developed, that is to say the house had to be relocated. If the formal removal (Levy) notice no publicity, the demolition (Collection) range has not yet been determined, the houses are in the range of (a) cannot be determined. At this time of the housing also can handle the transfer procedures.

Second: if the demolition (Levy) notice has been publicity, the house has been identified in the minimum (Collection) range, the house has been frozen, unable to handle the transfer procedures.

The following different situations to answer:

The first case:

For a contract for the sale of housing, the housing transfer is the main obligation of contract, should perform. You can ask the seller to perform the duty now for the housing transfer procedures. The Seller shall unconditionally fulfill this obligation, you said he wants a house is no legal basis. If the seller fails to perform the obligation to transfer, or sell the house back then, you can sue him in court, the court sentenced him to perform the transfer procedures.

In second cases:

Housing can not handle the transfer procedures, the housing sales contracts can not fulfill the actual. The ownership of the house is still a seller, the seller is the course of resettlement compensation, resettlement housing certainly belongs to him. At this time, if you want a house, you may file the property preservation before litigation to the court, and the preservation measures in court30Days, bring a lawsuit to the court, the court of the house belongs to make judgments.

Of course, you can also be resolved through consultation with him. If you want a house, distribution and transfer of resettlement housing will consult with him. If you do not want the house, and he can negotiate the termination of the contract, the return of 1629 and interest by him.

Note: if the original owner knows that the housing should be taken, will also sell the house to you, according to the "contract law" provisions of article fifty-fourth, "a party to fraud, coercion, or position of vulnerability, so that Party A in case of violation of the true meaning of the contract, the aggrieved party is entitled to petition the people's court or an arbitration institution to modify or revoke." You can apply to the court for revocation of the contract, and asked him to return 1629, interest and compensation for loss. Among them, on the loss compensation, you may request compensation for loss of interest. Acquirable interest is "the housing demolition, if monetary settlement, it can benefit to the monetary settlement money more than the purchase of part. If is the placement of the housing, the interest may be for the placement of the housing value is greater than the purchase of part.

Finally, a note of caution: if you sue to the court, should pay attention to the sale of housing contract time from now over whether2Years, if more than2In this year, and you2Years, not advocating for transfer procedures, the limitation of action has been, according to the law, even if you sue to the court, also cannot win. At this point, you can only way to negotiations with the seller to resolve disputes. (Cheng Chen, micro-blog Sina-Cheng Chen.

 

678Ask: Hello! I'm still labor insurance disputes. I to the labor bureau to apply for arbitration on double pay compensation at the end of last year, the company that we all signed a contract, saying is to buy insurance, I signed in two copies, signed a year later, the insurance did not buy, the contract did not give me a. I apply double pay compensation can be supported?

Answer:1Double salary, compensation is the legal responsibility of employers in violation of "labor contract law" is not and workers signed a written labor contract should bear, and whether to sign labor contract by the employer to bear the burden of proof. If the employer does have the labor contract and give the proof, then you are punching or lawsuit to request the other party to bear double pay the difference of the request, may be difficult to get support;

2, according to what you said, the main issues that you and the employer to each other is not in accordance with the relevant provisions of declaration and payment of social insurance for you, you need only in the arbitration request back to. (Wang Xiaotang, Sina micro-blog@Major case-Wang Xiaotang.

 

679Ask: now, rural villagers' committee in time after the election, the election, does not meet the statutory number of voters, members of the director and the committee to continue to preside over the work, I would like to ask the villagers committees has legitimacy?

Answer: according to the "Village Committee Organization Law" article15The provisions of article:"The election of villagers' committee, have registered to participate in the election of villagers majority voting, the election is valid;"The Ministry of Civil Affairs on the election of villagers' committees "rules" to inform the sixth chapter eighth provisions:"The election invalid caused by election of villagers committee did not produce in accordance with legal procedures, the township village committee election guiding mechanism should guide the organization re election. For other reasons that the election invalid, by the election commission to organize elections, time is determined by the villagers' representative meeting."Because did not meet the statutory number of voters election invalid caused, by the election of villagers' committee shall guide mechanism to guide new elections, but not directly by the original members of the village committee office. Suggest you to the local township village committee election related departments to reflect, demanded new elections. (Du Hongtao, Sina micro-blog@Major case-Du Hongtao.
   

680Q: my parents are going to divorce. I'm reading university. SpecialtyBLine. My parents are both railway. The family is not very rich will also have to. Since small parents quarrel everyday, every quarrel divorce. My father is very like to play outside, don't like home, outside lead a gay one's fling, we also know that he is a woman on the outside. But my father so fierce, very gentle mother, each time all said there was no evidence on the temper, Dad outside a gas is home to vent. Has a bad temper. Since every quarrel with my mother, my mother to me what can. Because my dad would hit me hard, so my father and I didn't what exchange. Dad is very expensive, not to the home to the house, not enough money and asked his mother to take. Home expenses are mother's wages. Once started a few months my dad gave me living expenses, is mother to the previously. Every month one thousand, not five hundred. My family has a house bought not long. My aunt is to borrow money to buy. Now owe aunt fifty thousand. Recent month more than 2000 mortgage daddy, Daddy this month does not always go home, go out to lead a gay one's fling, gave me one thousand five hundred living expenses, to more than 2000 mortgage, not enough money is also asked my mother took five thousand dollars to spend on the surface, in fact is that my dad to pay the mortgage, but every month find reasons to ask my mother for money.  My mama said. My dad gave all the money out of the woman. Because the woman of my mom's friend. Many people have seen and know.  My dad wrote their own protocol to my mother said, he wanted a divorce, he what all don't, each month the burden of my living expenses. If the house to sell to half the money to him. My dad used to fight also said so, but as long as the mood change would say, what are going to split the property. My mother and I are saying but my dad, we don't know what to do, want to try to get the property. Because we are not wrong. Want to ask you.

A: your parents, according to the marriage law explain two of the provisions,"A person who has a spouse living together with others"The people's court shall accept the application, and shall be removed. If you go to court for a divorce, your father has together with others of the case, the court will sentence the divorce.
    Validity of the agreement for the property, your father, although the written agreement to divorce your mother agreed, what property is not, but according to the marriage law explain three article34The provisions of article, if your father before estoppel, the agreement is invalid.
    For the property in the divorce lawsuit segmentation, first of all, the "marriage law" article39The provisions:"At the time of divorce, the common property of husband and wife protocol processing by both parties; if they fail to reach an agreement, the people's court according to the specific situation of property, the principle of decision rights of children and the woman."The court will according to the rules in the property to take proper care of your mother. Secondly, according to the marriage law article46The provisions of article, your father has together with others, and the implementation of domestic violence, divorce, your mother as the no fault party, have your father pay the damages claim, including the material and moral damage. Suggest you collect your father and your father's family violence cohabiting with evidence, such as proof of neighborhood, the public security department report records, neighbors, the masses around the evidence to prove, the testimony of witnesses, image data. Thirdly, according to the "marriage law" article47The provisions of article: if divorce your father there is hidden, transfer, sale, destroys the couple's joint property, or forges debts in an attempt to convert your mother's property, the court will judge your father less or no property. (Du Hongtao, Sina micro-blog@Major case-Du Hongtao.
  

681, Q: three to the usurious loan thirty thousand, a day of interest is600Element. Three people put the money he lent a. Interest is a day1800. Three people a day each person300Element. A isCContact.AContact the usury.BIs a signatory to the usury. Three days after a run, what are no mortgage, no house no car.ABCThree people went to a home to find her for money. A call to shirk, a few days later a is found, threatening not to live. Then jump into the river Dutch act. Three people decided to one of ten thousand principal to usury. The adviceAWhat are the responsibilities. Who is responsible?

Answer: hypothesis three refers toA,B,CDutch act, a jump in the river of death. A death andABCA causal relationship between bullying behavior of three people, intermediateABCThree people find a after the behavior in question, the law does not protect illegal debt,ABCThree person bizhai behavior lack of legal support.ABCA different division three people, mutual echo, complete the usury behavior, according to members in the common crime shall be responsible for the results of the theory,ATo undertake the death caused by negligence or intentionally causes the death of responsibility,AIn the whole of usury behavior are the main culprit, should bear the death caused by negligence or intentionally causes the death of responsibility. Usury behavior constitutes the crime of illegal business operation. Zhang Zhiqiang.

  

682,Ask:Have a friend, his family has a company, some time ago to be fined more than ten million, is the Public Security Bureau and the commerce and Industry Bureau to punish him, because he is a trademark which has English letters, and his family are not imported, is it lawful to

Answer: too little information, can only assume the relevant information:

ACounterfeit trademark, for foreign well-known trademark, registered and at home, whether counterfeit trademark your friend sales and foreign well-known trademark is similar products, constitute infringement;

BCounterfeit trademark, for foreign well-known trademark not registered in China, only your friends, counterfeit trademark sales and foreign well-known trademark is the similar products, it constitutes infringement;

CIf the trademark, and any person is different, just a few letters of the sort, did not violate any rights.

On the other, the trademark rights are private rights, must have the right people for Zhang, industrial and commercial bureau and the Bureau of public security can not use public power intervention in private power. And the punishment must be according to the stipulation of "administrative punishment law" program, direct to home fine, violated the administrative punishment procedure. Therefore, your friend can bring an administrative lawsuit directly (Zhang Zhiqiang)

  

683Ask: for help:Ex boyfriend in the period and I love, under a false identity and contact me, various reason to cheat my money, I was in hospital during a cancer diagnosis, take my home decoration fees and loans totaling nearly25Million. He also arbitrarily take away my friend family commissioned him to do loans25Million. Money was squandered, unable to pay. Have been reported, he is now in jail, has tried for two months, during the trial that he lied to me, not a person, he has a lot of woman outside, also with different women have had at least three or four children, but the birth of abandoned children woman. He took my money be utterly devoid of conscience, such a person, the law does not set his fraud, said a lot of money is only defined appropriation. I don't understand, he used a false identity false name with me to get the money is not fraud? Very helpless, without money, but also loans and cure. Hope to be able to give advice.

Answer: as you said, you fall in love with him during several financial relationships, he is often away from you the money. According to the law, his behavior nature from the criminal, may constitute fraud; from the civil speaking, may constitute embezzlement. Judicial authorities in the identification, is to separate the evaluation of each of his behavior. So will appear, some behavior was identified as violated the criminal law, may constitute fraud. Some behavior was identified as the civil tort, namely the embezzlement.

1, to constitute a fraud, go directly to the public prosecution procedure: the investigation of public security, procuratorate prosecution, the court. In this case, the judicial authorities will confiscate his illegal income, directly back to you. Now he's in jail, the public security organs have also been questioned him, the public security organs have the may constitute fraud behaviors were placed on file for investigation, namely prosecution procedure has been started. Once he was court constitute fraud, he steal your money will be confiscated and returned to you.

To constitute only civil occupation behavior, the program is not to evaluate, then only you bring a civil action to the court. He occupies your property on the grounds, request the court sentenced him to return the property.

Now explain why for many times he took your money behavior, have been identified as may constitute fraud; some were found to constitute the civil encroachment.

The criminal law of the crime of fraud is defined for: for the purpose of illegal possession, to conceal the truth of fact or fiction cheat biggish amount of public or private property act. Between you and your ex boyfriend funds repeatedly occurring during love, you let him take your money for lovers of emotional trust, perhaps he has also taken some deception, such as the use of false identification, false names, but he such a cheating way not all constitute criminal deception, you give him the money, but also because he is not deceived you, but for you to his emotional trust. Only his act is fully consistent with the provisions of the law constitute the crime of fraud, judicial organs will that he constitutes crime of fraud. And for those who appear wrong behavior, according to the principle of the presumption of law, it may be regarded as civil tort, namely invasion.

So, in order to maximize your interests at present, I suggest you to do not constitute fraud, to bring a civil lawsuit to the court, asking him to return the property, because for this part of the act, the procedure is not evaluated, only on your own rights. Cheng Chen,Sina micro-blog cases-Cheng Chen.

 

684Q: I2012Years5Moon Flower120Million from the Zhuhai Sun Mou to buy12Zhang Shuming "fan" calligraphy and painting, and then send the Beijing experts are all fakes. I notice Sohn and family after family, sun and then disappear. I immediately report to the police in Zhuhai (alarm number05151702), the police file[Registration number: the pearl public arch -2012(03115)]Progress in the investigation for a year, no doubt, the most main reason is unable to find the suspect couldn't ask for evidence, we advised me to take civil action to recover the economic loss. What a fraud crimes need not bear legal responsibility? The police is not as a long-term I should how to safeguard their rights?

Answer: according to the "law of criminal procedure" and "public security organs for criminal cases procedure", the public security organs once placed on file, it must be transferred to the procuratorate investigation ended, otherwise can not withdraw the case, unless encounter "Criminal Procedure Law" article15Article of the cases: (a) plot remarkable slight, little harm, not deemed as a crime; (two) criminal prosecution deadline has passed; (three) the amnesty exemption from punishment; (four) in accordance with the criminal law that crime, tell or withdraw told not; (five) the suspect, the defendant's death; (six) other laws provide an exemption from investigation of criminal responsibility.
In this case, the public security organ has been filed, not able to withdraw the case in accordance with the law. Progress in the investigation by the public security organ for a year, no, why is not the criminal suspect. Criminal procedure requires the defendant, if the criminal suspect is not brought to justice, all programs are unable to proceed. In this case, just wait for the police arrested the suspect, so that it can carry on the investigation, prosecution, prosecution, courts and a series of procedures. In practice, often this can't find the suspect, then there is no other way can only wait for the police. In this case, the public security organs will usually start online pursuit, the criminal suspect who should be arrested, police can arrest warrant issued, take effective measures, hunt him down. In this case, do not know whether the police has taken the above measures. As you said, the police if long-term do not act, you can reflect the situation to the organ at the higher level or the registration organ of the procuratorate.
Police advise you go civil procedure is feasible, you can be a major misunderstanding on the grounds, to the court, requesting revocation you and Sunmou contract. The police can query to his identity information, you are charged, as long as they can provide Sunmou contact, address, ID number on the line, then the court can be served by public announcement, in absentia. If you win, then the court will decide to cancel the contract, Sun Mou to return the price and interest. The execution of the program execution court, people can find the sun to a bank account, the property to find clues to the property, and then perform.
Suggest that you don't wait for the police, but actively instituting civil proceedings, the specific operation, I suggest you ask a lawyer. Cheng Chen Sina micro-blog cases-Cheng Chen.

685Q: my brother, work in engineering units. After the expiry of the contract can not to pay, the boss does not give money. My brother's, to the labor bureau, labor bureau said go program100More than one working day! The boss put out according to the law is also not afraid. How to solve it?

Answer:1,A contract renewal problem
Labor contract expires, the agreement of the parties, the labor contract may be renewed, and the expiration date of the labor contract prior to the renewal process. The reason for the employing units did not apply for renewal or termination of labor contract procedures, workers continue in the work of the employer, the formation of the factual labor relationship, as the labor contract to continue to perform. On the other, the employer may be required by the labor contract law article46Provisions, pay economic compensation to the laborer.
2On how to request payment of wages, problem
According to China's "labor dispute mediation and Arbitration Law" and the relevant provisions of, you can apply for arbitration to the arbitration committee for labor disputes, the labor dispute arbitration commission shall, within forty-five days of receiving the decision (complex postponed, with approval, the extension may not exceed15Day).
Refuses to accept the arbitration award, except as otherwise provided in this act, you can bring a suit in a people's court within fifteen days from the date of receipt of the arbitration award; since the court verdicts, the employer refused to pay wages, workers may apply to the people's court for enforcement. (Zhang Guoping.)

 

686Ask: Hello, I, and some leading companies signed book Cordyceps shares (shares35Million yuan), signed his name, cover the official seal, and guarantee a monthly dividend in February, but after March, he began to do not share out bonus, and lost contact, I can tell her broken, bonus thing is all the shareholders are known, but Yang SB are already in Lhasa experience Coffee shop, had invested money do forget~

Answer:1According to the information you provided, I concluded that the book is, in you with the company leadership signed. The book is entitled shares shares, private lending. The reasons are as follows:
First of all, if the shares, according to the company law article38And44A limited liability company, increase or reduction of registered capital required voting rights2/3The above approval from shareholders;
Secondly, shareholder limited liability company, whether dividends as company performance, can't promise you a monthly dividend;  
2, again, if you insist that your behavior is in, you must be registered in the list of shareholders of a company, and registered in the trade and Industry Bureau for the record.
3Finally, investment agreement is between you and a natural person signed, and not signed with the company.
The above conditions, your material reflects that you do not have, therefore, the agreement does not belong to the shares. Since the private lending, investment agreement for you and Yang between loan contract, with the investment agreement, as well as your payment voucher, you can direct the prosecution yang. At the same time, because you agree with each other's interest, higher interest rates, if the interest standard calculation of annual interest than bank lending rates four times over the same period, then you can claim the loan in accordance with the bank interest rates over the same period of four times asked yang to pay you interest. (love lawyer)

 

687Q: I surf the Internet, shopping, but the goods not received, but shows the distribution of success, if it is a distribution company sent the wrong, to be collected, could I take what legal means of distribution company or shop? Even if the last shop refund or other decisions, I think I have to bring some trouble. At present the situation is now online and distribution company did not give me a reply. Please help answer, thank you.

Answer: This is essentially a breach of contract issues, you buy things from the shop, the shop with signed contracts of sale, according to the relativity of contract, you and logistics company does not have the corresponding legal relationship. So no matter not timely delivery problem is in a shop or in a courier company, you can find the shop for performance of the contract, and compensation for losses caused by delay in performance. From the interest on, follow the proceedings is not worthwhile, because time consuming energy cost a lot of money, personal recommendations or to negotiate. (law firm internship Samut Research)

688Ask: Excuse me, who shall be the respondent. The creditor andACompany signed a service contract, the contract agreed instalments, up systemAThe name of the company, but the contract signing isBThe company, aBThe seal of the company. But the signature of legal representative of the peopleCCompany staff (now resigned), Party A agreed in the contract is responsible for peopleCCompany employees, known by the upfront costsCThe company pays, the tail of unpaid nearly two years,CThe company is said to be affiliated toBThe company, the contract dispute arbitration, may I ask what is the applicant as to who?PS:BCompany is established in Hongkong, is currently unable to contact

Answer:1According to the contract law, article32The provisions of the contract, the contract, since the establishment of the signature or seal at. When the contract is signed, sealed up and conflict, usually by signature, seal of the parties shall prevail, except the wrong part of cover. Therefore the main contract identified asBCompany.
2As agreed in the contract, the party a responsible person isCCompany staff, can be regarded as theBThe company for the employee empowerment.CCompany staff signature, if there is evidence to prove thatCCompany employees to sign aCBehavior of duty authorized by the company, the case does not of course excludeCCompany as the possibility of debtor in contracting;
3In this case, is directly related toBThe company signed the contract,CThe company is anchored in theBThe company name, does not affect the creditor requiresBCompany to perform its obligations.
4, asCThe company paid the upfront costs, according to the text of the understanding, for payment is more appropriate, if the contract has an agreement between or three party other agreement or evidence to proveCThe company is adding debt or debt equity, you can toCThe company claims.
5If the creditor, has evidence to prove that the service contract is completely andCThe relationship between companies,CLtd. is a link in theBThe company name, according to the opinion of the civil litigation42The provisions of article, willCLtd. as a joint action. (Chongqing lawyer Peng Keliang)

 

689, Q: I have a credit card, never used, the bank has the right to charge me fees it?The annual bank has the right to collect the fines it?

Answer: credit card to apply for the use of general procedure: fill out a form to apply for a card--Issuing bank--User acquisition card--The user activates the credit card--Use.
If you do not activate the card, "according to the credit card business of commercial banks supervision and management measures"49Herein, the bank has no right to give you an annual fee. If you have activated the credit card, will give you the following opinions:
According to the "Regulations" management of the bank card business, the bank has the right to do card application, the attached card annual fee to you '' association.
If the provisions of the articles of association of an annual fee, the bank should not charge you fees; if the provisions of the articles of association of an annual fee, but not to the cardholder does not use to waive the fee, then both sides in accordance with the Charter fee; if the provisions of the articles of Association of the year POS consumer N exemption fee, you, you never used, just can't get free annual interest.
Owe fee, not timely pay, payment will be calculated, which is common practice in bank credit card business, there is no law prohibits banking an annual fee and fee payment.
Therefore, if the bank charge you the fee before you sign up with the bank to charter clearly, then, the relationship between you never use and an annual fee, in accordance with the credit card of "articles of association" after charging the terms of the agreement to fulfill their obligations. Annual production of the fines, the bank actually receive inappropriate. On the other hand, you may be able to file a lawsuit, requiring banks to perform.
In addition, tip: credit card shall not return in time, will affect your credit, any bank loans in the future, will be regarded as not good faith loan applicants, including car loan, mortgage loans, cash single period. (Liang Hui party, Sina micro-blog@Liang Huidang_Southern China Tencent micro-blog@Liang Huidang.

690Ask: big, Micro message platform: home in a piece of land in the village side of the road because of road occupied only small block family is in a few kinds of fruit trees in the village people have field below ground (separated by high) that the landlord without objection Tian turned into another person after the landlord as fruit hinder rice is not with my consultations will be private tree cut down what fruit trees. That is wrong, to cut down trees is a violation of my rights such as civil litigation can apply for compensation after the felling for

Answer: A, the landlord to cut your fruit trees, belong to violate your ownership behavior, according to law, it shall bear the liability for compensation.
Two, the fruit trees there, properly or not, should be based on objective is affecting the rice growth prevail.
Three, even if the fruit trees where does affect rice growth, but the civil law belongs to private law, the adjacent relationship belongs to civil legal relationship, the two sides are equal, no party shall impose their own. So the landlord did not discuss with you, to cut down your fruit trees, forced to impose their will on you, is still illegal, he shall assume the tort liability according to law. (love lawyer)

 

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

"[/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 @ case; Tencent / Sohu @

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 add Micro message: mycase/ cases, or scan the two-dimensional code