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 571st to 600th legal consultation

 

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

 

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:

 

571Ask: Hello, we, the resource of air and groundwater pollution, we drank7A month of sewage, our villagers joint does not allow him to production, by unknown people injured, how to solve this kind of thing:?

Answer:1, about the problem of environmental pollution, suggest you go to the local environmental protection department report.
2About being wounded, problems, suggestions were injured as identification of personnel, if constitute a minor injury and above, can hold batterers criminal liability, if only a slight injury, also may claim damages for infringement. At the same time also suggest you to report to the local public security organs (Chen Xiang lawyer, Sina micro-blog@Major caseCASE-Chen Xiang lawyers)

 

572A good teacher, asked! The day before yesterday at two pm, a brother to me on the way to work riding a motorcycle through Situ Town Jiangsu Danyang city view He Bei Lu, in order to avoid a change headlight pull brick car, pavement mix is the transformation of one high and one low down, resulting in hand and rib bone removed, ask the teacher Xu, encountered such a thing may request compensation from the who?

Answer: according to the provisions of China's tort law, the general tort, the plaintiff to prove the four elements of tort, fault, damage and tort and the damage has a causal relationship.
In this case, according to the law of tort liability article11The provisions of article, you can pull brick car all people and construction side as a joint defendant, requirements are jointly and severally liable. Lv Bojie.

 

573Now, Hello, Party A shall not want to transfer the house, I want to know what the agreement we signed? (of a contract)
Answer: affordable housing is refers to the country to a policy of housing to address the housing needs of low-income urban families. There are no regard to affordable housing for sale, gift and change of all housing law. But the Department of the State Council and some places have already introduced the relevant laws and regulations, rules to regulate the behavior of.
The author thinks, the purchase of affordable housing for the index is a benefit permission object specific, has a certain person. From your agreement to see, not in conformity with the relevant provisions of China and countries of the low-income housing policy, shall be deemed null and void. Therefore, you have no right to demand the other party in accordance with the agreement to fulfill their obligations. Lv Bojie.

574, asked: distinguished lawyers Hello, my grandfather70The reclamation of a panic,40Years has continued to use, without any dispute. Now the land expropriation compensation to their low young charges. Some people give me advice said: because of the village collective organization long-term raises no objection can be regarded as the default, the contracting qualification. I can according to this to get compensation for land? This sentence has a legal basis? Does this sentence from where?

Answer: A, your grandfather in70The reclamation of a panic is collective ownership. Two, the land requisition compensation principle is who owns investment. Who has the right to use the compensation income people who are.
Three, if the land is expropriated, you can and plants and young compensation attachment gain ground.
Four, the land premium income does not belong to the right people, this part of the proceeds to the owner (village).
Longitudinal, you can't fight for land compensation. Mi Weijun.

575Ask: Hello, teacher! I to the2008Years05Work in Guangzhou has a private enterprise. So far, the company has never signed labor contracts with me, also do not have to buy any social insurance. (there are half-way through the two department heads to the leadership of the company required to buy insurance, but was refused) should I claim their rights and interests through what way? Will not be subject to the statute of limitations? If I quit now, I may apply to the company to advocate what compensation to .

Answer: A, according to the labor law, your company since2008Years5Month The establishment of labor relations with your date. The establishment of labor relations, the company shall conclude a written labor contract and you in a month. Your company from2008Years5Month On the date of more than one month but less than one year and not conclude a written labor contract, shall you pay two times of monthly wages.
Two, labor law: with employee employer within one year and workers do not enter into a written employment contract, as the employer and the employee has a non fixed term labor contract.
    The employing unit violates the provisions of this Law and workers do not enter into a non fixed term labor contract, it shall conclude a non fixed term labor contract, to pay two times of monthly wages of workers.
Three, the contract period, the company shall pay social insurance premiums for the employee.
   According to the above, you can, the local labor dispute arbitration committee for arbitration, such as refuses to accept the arbitration award, may bring a lawsuit to the local people's court.
   The period of limitation of labor dispute arbitration for one year.
   In the arbitration, you can claim economic compensation. Standard: according to your work in the company of life, every year to pay one month's wages to pay you. More than six months but less than one year, calculated according to a year; less than six months, half a month to pay economic compensation to the laborer wage.
  You may also require companies to pay social security, double wages. Mi Weijun.

576, q: Teacher Hello, my house is a historic property, no property certificate, business thirty-three years, tax office to residential, the door is not the legitimate right to live?

Answer: the first, according to the provisions of "state-owned land on the housing levy and Compensation Ordinance" article second,"In the public interest needs, collection unit, individual state-owned land on the housing, should be imposed on the housing ownership (hereinafter called expropriation) fair compensation."If you want to obtain compensation, first of all to be able to prove to your home ownership of the house. Because your house belonging to the problems left over by history, not for real estate certificates. So you want to apply for the legitimacy of your house is identified to the City Planning Bureau, if the housing is a legitimate, then of course you should obtain compensation; if it is illegal buildings, are not compensation.
But from your remark, since a ban on your house uses to make a preliminary determination, visible levy do have confirmed you for the housing ownership, and to compensate you.
Second, to identify housing purposes is generally use marked on housing ownership certificates to prevail, not that all of the purpose, to property file records shall prevail. Property records did not record purposes, in actual use is the quasi. The definition of practical use in accordance with the law to ask whether planning department approval, and to the housing management department to apply for registration of change. Such as: (1The original design purpose) into a house used for business purposes, in order to obtain a business license as confirmed it as a commercial housing on the basis of. (2) such as original design for the residential, into a house used for business purposes, not only have the business license, should also be planning department agreed to change the basis, as well as to the housing management departments for alteration registration.
Your home no property housing permits and property files, so only in practical use for judging the housing purposes. You say "Collection office to residential, the door to live to non"So, your home is for business, for business or a department, a department for the living, i.e."The former home after the shop"?
(1If you use the house) is the first business, and apply for a business license and tax receipts, so even if the house live people, can not be identified as housing, and should be fully recognized business premises.
(2If you use your house) is the first residential, later changed to business premises. You apply for a business license and tax receipts, but without the planning departments of the license, the collection of stores do that part of the non has be perfectly logical and reasonable.
 There is a way, you can now apply for planning departments of your home are identified and submit the property permits. Housing purposes and collecting do may have a real estate license marked as the standard, to your home for identification and compensation.
The benefits of this method, if the planning department as your house as legal construction, and for the purpose of business premises, so you can get more compensation. The downside is, planning departments if that your house is illegal construction, the result is not compensation. So, have you many tradeoffs. Personal opinion, for the housing levy do store Department identified as"Live to non"Is a reasonable and legitimate. Sina (micro-blog@IntoRUC)

577, ask: Hello, I want to ask the ascertainment of the work-related injury to what procedures?

Answer: A, application

1Applicant.1Application: seventeenth) unit workers accident or injury was diagnosed, in accordance with the provisions of occupation disease prevention law identified as occupation disease, the unit should be self injury accident occurred or was diagnosed, identified as the date of occupation disease30Days, the application for ascertainment of a work-related injury to the social insurance administrative departments and regions. Under special circumstances, the consent of the social insurance administrative departments, the application time limit may be appropriately extended.

(2) individual application: employers are not according to the provisions of the preceding paragraph application for ascertainment of a work-related injury, work-related injuries of employees or their close relatives, the trade union organization diagnosis, in the accident occurred or identified as the date of occupation disease1During the year, can be directly to the location of the employer social insurance plan administration area put forward application for ascertainment of a work-related injury.

2Submit the application materials: Eighteenth make work-related injuries shall submit the following materials application:

(a) application for ascertainment of a work-related injury table;

(two) there is the labor relationship and the employer (including the fact labor relationship) proof material;

(three) proof of medical diagnosis or occupation disease diagnosis certificate (or identification of occupation disease diagnosis).

Work related injuries that the application form should include the basic situation of the time of the accident, place, reason and the harm degree.

The applicant to provide material incomplete ascertainment of a work-related injury, the social insurance administrative department shall notify in writing all the material for disposable work-related injury should be supplemented. The applicant required by the written notification of such materials, the social insurance administrative department shall accept the application.

By two, Social Security Bureau: the admissibility of nineteenth social insurance administrative departments after the application for ascertainment of a work-related injury, according to the audit needs to be able to carry out investigation to verify the accident harm, employers, employees, trade unions, medical institutions and the relevant departments shall assist. Identification of occupation disease diagnosis and diagnosis of the dispute, in accordance with the relevant regulations of occupation disease prevention law. To obtain a certificate of diagnosis occupation disease or occupation disease diagnosis and identification of the book in accordance with the law, the social insurance administrative department will no longer check.

Employees or their close relatives that are injured at work, employers do not think it is work-related injuries, the employer shall bear the burden of proof.

Three, work-related injury confirmation twentieth social insurance administrative department shall accept the application for ascertainment of a work-related injury date60Days to work-related injuries that decision, and written notification to apply for work-related injuries of employees or their close relatives and the unit employees.

The social insurance administrative department on the admissibility of the facts are clear, the rights and obligations are clear of the application for ascertainment of a work-related injury, should be in the15Days to work-related injuries that decision.

Make a decision to work-related injuries that the judicial organ or the relevant administrative departments according to the conclusion, period has not yet concluded in the judicial organ or the relevant administrative departments, make decision on work-related injury ascertainment time stop.

The social insurance administrative department staff and work-related injuries that interested applicants, should be avoided. Zhai Xiuhong.

 

578Q: trouble, consulting a thing, I and her ex husband after divorce he buy a house, mortgage, just transfer. Now we are together again, but didn't remarry. In addition to his parents funded Shoufu tens of thousands, all the rest is borrowed. We are going to remarry, I would like to ask, because Shoufu most will pay off in the US after turn. The house can be notarized to our two person?

Answer: because you now have to dissolve the marriage relationship with her ex husband, therefore, according to the "marriage law" article18The provisions of article, your ex husband after divorce the purchase of real estate belonging to the personal property. On your turn, you can reach an agreement on the ownership of the property during the premarital property ownership or the marital relationship with her ex husband, and legalization, but the property is the property divided between two people, not to fight without the knowledge of third people. But according to the "property law" article9The provisions of article: "the establishment of the real right of a chattel, alteration, transfer and elimination, registered according to law, come into effect; without registration, no effect, except as otherwise stipulated by law." And the article17The provisions of article: "property management authority certificate is the right person to enjoy the immovable property of proof." Real estate as immovable property, contain only the property permits of the right talent with the housing property. Therefore, suggest you can undertake notarization before marriage on the housing property, the notarization requirements may consult the local notary office; if you have a property card, can be in the housing sector will add your name to the house property card, house property card and name procedures after processing is relatively simple, the cost is relatively low. (Du Hongtao, Sina micro-blog@Major case-Du Hongtao.

 

579, Q: Hi, I told my colleague computer password, today she is with my computer and IQQForgot to turn it off, she checked my record chat, and print the record, because chat record some about her, she is now with my record chat with the boss said the reason I quit, I want to ask, whether this violated my privacy, also print down to third people. More people to see, if the circumstances are serious, whether I can sue? If the prosecution should I accused her of what? In view of this situation is related to what is the law? In order to solve this problem is how to punishment? Is the first time I met this problem, so the Advisory, reply will be greatly appreciated, thank you!

Answer: (1) according to the "tort liability law" in article second, "civil rights and interests are infringed, shall assume the tort liability in accordance with this law. "Civil rights and interests of this law, including... Rights of privacy. Legal protection of the privacy of citizens. The right of privacy is the natural person entitled to its own, has nothing to do with the public interests, the interests of personal information, private activities and private sector to dominate the personality right. Accordingly, youQQThe chat record belongs to your privacy, your colleagues without permission check yourQQThe chat record, print it and for other people to view the violation of your privacy, privacy right belongs to the personal rights and interests of citizens.

(2) you can sue to the court to her, in her behavior violating your privacy grounds, requested the court to stop the infringement (she stop to publish yourQQChat record of behavior), make an apology, eliminate the impact (to know youQQChat people make a note, eliminate others misunderstanding on your etc.).

(3As for the issue of compensation), according to your description, the court will not support. According to the "tort liability law" article22The provisions of article, "infringement of personal rights, causing serious mental damage, the victim may claim compensation for mental damage." Hereby, not as long as the infringement of personal rights, infringement can obtain the compensation for mental injury, "serious mental damage" is the legal condition of compensation for spiritual damages. The occasional pain and unhappiness is not considered a severe spiritual damage. In this case, your colleague is a violation of your privacy (Privacy belongs to the personal rights and interests), but did not cause you suffer from severe spiritual damage, so you can't ask her for monetary compensation to you. Can only apply to the court for (2In the request list). (Cheng Xiaocheng, Sina micro-blog@IntoRUC)

 

580, Q: Hi, I just married found herself pregnant, when considering pregnancy before taking the medicine hit a needle, feel is not good for the future, I do operation of stream of people, this is2Month thing, I have asked the doctor to finish operation still need to review what, she said no, but I5Month always feel uncomfortable, then went to the hospital to see know when the operation is not good, the child has been four months, I find the hospital, the hospital no matter to me, what should I do,

Answer: first of all, this paper put forward some suggestions according to my own experience: the management and treatment of medical disputes to distinguish. So, please to the regular senior or more to go to the hospital for examination and treatment, so as not to delay treatment, but also can be clear before the abortion operation is a bad influence on the children, you decide to abortion or gave birth to a child, and as the basis of the responsibility for the requirement of hospital.

Secondly, through the examination can clear your damage, such as to abortion and medical expenses, nutritional costs, delay costs, if cannot continue abortion led to the birth of a child, also can the hospital infringe rights and eugenics right to choose your grounds of infringement litigation, can also present a breach of contract lawsuit. In addition, you can also first to the local health departments and apply for administrative mediation. (Zhang Lei micro-blog Sina@OHThe pig is not fat)

 

581Ask: I want to consult you,My friend home wallpaper has5More than a year, but there is a great taste. Business is the warranty period2Years. Now the business is also responsible for it?My friend just want to tear down the wallpaper and paint brush, I would like to ask,This Is it right? Should merchants are responsible for(When business is responsible for Putie wallpaper)?Thank you!

Answer: set up between your friends and business is business contract. According to the "contract law" article153Article, article154Herein, businesses have quality warranty obligations for wallpaper, the merchant shall deliver the quality in conformity with the agreed wallpaper. There is no agreement and cannot be supplementary agreement, and shall be delivered in accordance with national standards, industry standards, usually standards or the purpose of the contract wallpaper. "Contract law" article158Hereof, the buyer is your friend, there is a quality inspection duty, namely in the agreed period inspection wallpaper quality is in conformity with the agreement, or compliance with those standards mentioned above, if not agreed period, will be found or should find a reasonable period of time has a problem wallpaper quality or the receipt of wallpaper date2Years to inform businesses, or as a wallpaper quality accords with an agreement. But if the wallpaper with the quality guarantee period, apply the quality guarantee period, the two are not applicable. The business knows or ought to know the wallpaper does not comply with the contract, are not subject to the provisions of the preceding two paragraphs notification time limit.

In this case, if your friends buy wallpaper over5Year warranty period, your friend can claim responsibility of breach of contract to the merchant. At this point, your friend needs to prove the wallpaper quality problems, can make an appraisal to the relevant agencies. And then to businessman claim responsibility of breach of contract, can go to business returns, which removed the wallpaper, the payment to you. If the wallpaper no shelf life, so your friends more than2Years not to businesses that have problems wallpaper quality, according to the provisions of the law, as the wallpaper quality is qualified, the business has been completely fulfilled the contract obligations. Your friend will not be able to claim responsibility of breach of contract to the merchant.

Of course, your friend can also be based on "tort liability law" article42Article, article43The provisions of the tort liability, claims to the merchant. At this time, he needs to prove: wallpaper defects, because the causal relationship between the wallpaper and damage defects lead to personal injury or property damage and defects. The burden of proof is very heavy, and from your description, your friend is not subjected to the personal or property damage. And your friend is only requires businesses to wallpaper down, so in practice, advocates of tort liability is not worthwhile.

In summary, the current laws do not support your friend to businessman claim responsibility. But in practice and businesses can solve the problem. Sina (micro-blog@Major case-Cheng Chen.

 

582Ask: big, want to seek advice, the company pumped into the system, wrote that the employee turnover, not knot smoke not to employees, it is reasonable? How to safeguard their rights?

Answer: personally think that the key to see whether in an understandable for wages. Now our country about the wages of more specific provision is the original labor department "on the implementation ofThe labor law of the people's Republic of <>The views of a number of issues ",The definition of wages:Employing units in accordance with the relevant provisions of the state or the stipulations of the labor contract, money paid directly to the units of labor remuneration of workers,Generally include timing\Wages piecework wages, bonuses, allowances and subsidies for the extension of working hours and wages paid under special circumstances.Therefore, the contract on the pumping into the agreement is very important. If the contract can be understood as wages, then the employer practices, which belongs to the buckle grams of wages, workers can go to the local labor supervision complaints or apply for labor. If there is no agreement, then to see the company about the pending smoke not settlement provision itself is legal. "Labor contract law" the fourth stipulation: the employing units shall establish and perfect rules and regulations in accordance with the law, to ensure that employees enjoy their labor rights, fulfill labour obligations. Employers in the formulation, amendment or decisions related to labor remuneration, working hours, rest and vacations, labor safety and hygiene, insurance and welfare, staff training, labor discipline and labor quota management directly relates to the interests of workers rules or important matters, shall be approved by the staff and workers' Congress or all the employees for discussion, put forward proposals and opinions, identify with the trade union or employee representatives through consultation on an equal footing. In the bylaws and significant matters decided in the implementation process, the labor union or the workers consider inappropriate, have the right to put forward to the employer, amended and improved through consultation. The employer shall rules and regulations will directly relates to the immediate interests of workers decided to publicity, or inform the workers. Can refer to the "labor contract law" article fourth, see the employer relates to the content of the rules in the process of formulating, whether in the legal procedure and substance. If the employer does not smoke not the calculation itself in the development process is not legitimate, which did not comply with the "labor contract law" in article fourth, the provisions in the law is not supported, the employing units to make this behaviour is not legitimate, workers can be filed an application for arbitration to the labor arbitration. Hong Yi.

 

583, Q: Hi, I work in the company time is2012Years1Month1To2012Years9Month1Day. Because the house had an accident, was orally with unit to resign. In my resignation today, the unit did not take my social security to stop in the Social Security Bureau, but also did not give me my money. Now I'm to another unit, the social security office here, but because of my previous social security didn't pay enough, is not out of tune. That is why I quit the unit did not give me stop social security in the Social Security Bureau, and the unit didn't give me my money, I now lead is not out of tune. The period of social security should be the unit handed to me or my own hand?

Answer: you and the labor relationship with your resignation in lifting, terminate the labor relationship, enterprises do not pay social security for your obligations, normally the original company shall go through the formalities for you in the depletion of local social insurance Authority, then according to your new employer information for you to deal with social security transfers. Now, the period of social security does not pay, not in the original company, so the period of insurance you can and the original enterprise negotiation by yourself up, and then by the enterprise for you to handle the transfer procedures. (Du Hongtao, Sina micro-blog@Major case-Du Hongtao.

  

584, Q: I want to consult you a question, I have a worker, in work by the high-voltage wire wounded, I pay to treat him, now has all the more, just have a scar, and later he and I signed an agreement, says the disease has to look good, I have no responsibility. He also signed the agreement, I want to ask you?After recovery, he phoned me and said no money, I gave him some money, he this behavior is to claim on me or blackmail, more than a year now, he is right here?What should I do?

Answer: A, if the agreement is the true meaning of the expression, without coercion or fraud, nor damage the state, collective or the third party interests and social public interests, is not in violation of mandatory provisions of laws and regulations, is the effective agreement.

Two, you are willing to pay, is a voluntary act, do not belong to.

Aged three, is more than one year. (lawyer Chen Sheng)

 

585, Q: This is the one thing in my hometown! Call meA B CInstead, the text:BThere is a house in our village, his most recent want to sell this house,AWhen using the10000Yuan to buy up (cash transactions, a lump sum), nowAIn the land cover a new house! The key is not in the real estate certificateAHand, but inCHand,AAndBThe transaction between did not establish what evidence (because the village people, but also many foreigners knowBHouse to buy a houseAIt now)A.B.CBetween the three is not what happened! The problem is,AHow can we go back to house property card? OrBAndCIf make a sale and purchase agreement,AWhat am I gonna do? OrCIf you died,BToAGoing back to the land use rights,AWhat am I gonna do? To be or not to be?AIn house to live long, can be identified as the house owner! pure mobile phone typing, hope reply as soon as possible, if you don't understand, can ask!

Answer:1,ANeeds andBRetroactive property transfer agreement, is the result of collective land, the village will witness the best.

2, ifBAnd housing will be sold toCNo, as long as the procedures for the transfer of property rights,AAndBReal estate transfer behavior before, prior to theBAndCReal estate transfer behavior.ACan askBTo perform its obligations under the contract (based on signed the transfer contract supplement).

3, ifCDeath or do not return the property permits,BMissing property cards can be in the local newspaper statement, to the housing authority to apply for a replacement.4, ifBDon't handle the transfer procedures,AMay bring a lawsuit to the court, asking the court to orderBTo perform its obligation to register.

5, registered in theBThe land use right to nameANo use, must go through the formalities for alteration to the effective protection of the right to useAThe right to use the land. If not for property transfer procedures, no matterALive long, on the land are not entitled to legal protection of right of land use. Sina (micro-blog@Major case-Zhu Wenliu.

 

586Ask: Hello, Mr. xu! I want to ask you a question: my husband and wife in their daughter3At about the age of the divorce agreement, agreement that children raised by man, the woman's monthly payment800Money every month alimony, child. But since the divorce, his ex-wife gave only two months800Block alimony, later will no longer give. But occasionally get the kids go to buy clothes, children's birthday. But the alimony said he consulted a lawyer said don't need to give so much. Now we want to through legal channels, to the father (Guardian) identity against his ex-wife, but the crux of the problem, his wife is from Harbin, but now work in Beijing, rent. We don't know her address, we have no way to sue her. I don't know what better way? Even if we don't know her address, but still can sue her? Or we can get her address by what method? Xu lawyers, look forward to your reply! Daughter now5Years old, we live only rely on subsistence allowances, the whole family, old and young5People living in20Square meters of the house, the kids need legal support, but now encountered such a problem could not carry on, hope to get your help!

Answer:1The amount, maintenance fees, not lump together, generally in accordance with each other's monthly income20%-30%;2, can sue on the other side of the household, the other side may have an objection to the jurisdiction of the provinces, more trouble, not to worry. If you are resident in Beijing for more than a year, also be to live in Beijing where the grass-roots court sued for payment of alimony, but need to prove the local living for more than a year. So, others not, directly in the household is the Harbin prosecution is. Your husband should know the specific address her domicile. (lawyer Chen Sheng)

 

587Q: I was last year12Month24Into the factory No.,Because I was a machine,Try the day I was with the Ministry of personnel

Said,The factory has twenty-five percent products I wouldn't do,Then I arrange my work,A month later the boss

Talk to me, said that after may buy machine back,We'll arrange me to open the machine. Until2013Years6Month6

This afternoon,The personnel department is talking to me,Said the boss not to buy the machine back,My job to adjust the gang,Wages must fall

Low,I can not accept that,I think this is the boss in the form of fire me,Please pay in the factory,But the boss not to force

I write discharge book,I feel very grievance is also very helpless, how should I do?

Answer: if the two sides signed a labor contract, if the employer to adjust the position, lower wages, which belongs to the modification of contents of the labor contract, both sides need to consensus. According to your description, you probably can't be competent for this job. In accordance with the "labor contract law" the fortieth the first second items, the worker can not do the work, after training or adjustment to work, still not qualified for the job. The employer within thirty days in advance written notice to the worker or extra to pay workers a month's wages, may terminate the labor contract. But if the employer according to the lifting of the labor contract, in accordance with the "labor contract law" in article forty-sixth, the employer is required to pay economic compensation. But if the laborer proposes to terminate the labor contract, the employer is not required to pay economic compensation. So the employer will require you to write discharge book. Therefore, it is recommended that you should let the employer offered to terminate the labor contract. (labor supervision Hong Yi.

 

588Ask: Hello, dear lawyer! My situation is this, I before the company do water treatment, because the company did not give me to buy insurance, so quit. If I'm looking for a colleague company, the company will be investigated for legal responsibility for me? Before signing a false contracts in the company, said the company will give a person, the results did not give. I did not sign a confidentiality agreement.

Answer: the employer has not for the workers to apply for social security, the worker may discharge the labor contract. "Labor contract law"

Article38A, the employer, fails to pay social insurance premiums for the employee, the employee may rescind the labor

Dynamic contract.2Because the original units, workers and not on the prohibition of business strife agreement, so the original unit shall not

Use this as an excuse for the worker responsibility. (labor supervision Hong Yi.

 

589Ask: Hello! I would like to consult, oral to others secured loan, the guarantee has the force of law? I met this recently, borrow money ran, creditors chasing me for money, also find the black community of people every day to annoy me. This situation what should I do?

Answer: according to the< <The Guarantee Law> >The provisions of article thirteenth.
The guarantor and the creditor shall enter into a written guarantee contract.
If you're just a verbal assurance, not in any form of a written guarantee, guarantee is not established, need not bear legal responsibility. If you continue to receive the underworld harassment, may apply to the public security organ alarm.(Zhu Kaiyue)

590Ask: Hello! Large shopping malls in the meat series according to the law of each batch should have the test report. Seasonal food? If only the Spring Festival selling fish, not to the inspection, the supplier can not detect?

Answer: according to the "agricultural products quality safety law" article26The provisions of article;"Agricultural production enterprises and farmers' specialized cooperative economic organizations shall, by itself or entrust the inspection of agricultural product quality safety of agricultural products quality and safety standards; the test to fail to meet the agricultural product, not sales."Quality and safety testing is a condition of the sale, without examination, is unable to sell;
    "Food safety law" article39The provisions;"Food business operators shall check the food purchasing, supplier's license and food certificate."You do not provide the test report food qualified, food distribution is not be able to purchase. Therefore, from the legal producer and distributor of regulations on food quality requirements, as long as the external sales of food, regardless of whether the seasonal products, you should carry out quality monitoring. (Du Hongtao, Sina micro-blog@Major case-Du Hongtao.
  

591Q: my classmate, he nearly12Days have no family, classmates contact, disappear without a trace, would not be a pyramid scheme, if MLM, what should we do?

Answer: suggest you to the local public security organs reported missing, but must meet the following conditions, the public security organs to file. In accordance with the missing file6Characteristic aspects:1Missing site, was against;2At the same time, people and vehicles carrying large amounts of property lost or missing;3Witnesses to prove that the missing, damaged;4Before missing, missing persons and others have major contradictions and disputes;5, not full14Years of missing, more than48Hour;6For unknown reasons, missing, more than3Did not return for months. Meet the above conditions, the police will record. Zhu Dongsheng.

 

592Q: some college, Chengdu dialysis private hospital to do virtual information to deceive insurance money each month to renal patients back some money, we these patients is the boss' money making tools, a year to a patient was reported to be about two hundred thousand, the actual only fifty thousand, I'm a uremic patient, please teacher.

 Answer: according to the "social insurance law" article87The provisions:"Social insurance agencies and medical institutions, pharmaceutical business units and other social insurance services to fraud, forgery of documents or other means for the expenditure of the social insurance fund, the social insurance administrative department shall order it to return to the social insurance, the amount defrauded more than two times five times the fine; belongs to the social insurance agencies, terminate service agreement; the persons directly in charge and other directly responsible personnel certified, to revoke their qualifications."Article88The provisions:"Forged documents or other means for social insurance treatment, by fraud, the social insurance administrative department shall order it to return for social insurance, for the amount of two to five times the amount of.""Interim Measures" basic medical insurance for urban and rural residents in Chengdu City28Also to defraud Medicare fund behavior to carry out the provisions of. Based on your description, medical institutions in violation of the relevant provisions of "social insurance law", if the amount to the provisions of the criminal law standard, may constitute the crime of contract fraud, will be investigated for criminal responsibility. You as a patient, if the medical institution with making false information, for medical insurance, may constitute fraud crime. Suggest that you go to the regular hospital treatment, for reimbursement in accordance with the local regulations, in order to avoid the risk. (Du Hongtao, Sina micro-blog@Major case-Du Hongtao.
   

593Ask: Hello, I think, the relevant economic consulting problems.2010Through the years IL(a field boss) made sixty thousand yuan stone business. When our written agreement is not very normal, but some stone price and quantity and pay one thousand five hundred yuan in advance for theThe content of gold. Later developed smoothly. We also giveLThe two truck. In factLAlso in this group of stone to a construction company. The two truck is I personally delivered to the construction company, the construction company has aCEngineering (construction company supervisor), because the delivery timeLNot to go, is theCWe work to pay part of the purchase price. And isCWorkers sign the receipt (our signature single in our opinion the equivalent of IOUS mean) after half a year. The remaining arrears should go to my rightLSettlement of accounts. Because we likeLDo not very good. He even let us go toCSettlement. He said, goodsCSign, andCOpen. The front part of the purchase price isCPay, let us findCSettlement. I think so, anyway, the cargo is giveCWork they do. We found theCWork, he says, is to send you the goods, receipt I opened, I admit, but we this batch of goods is looking forLDo, we must take the money settlement to him. He said, for we can, mustLHere, both of you in. However, because of our relationship with the laterLToo bad. He didn't go to, let us findC. I would like to ask, what should I do?

Answer: the first, according to the "contract law" (two) the provisions of Article 1, "the parties to the contract is established in dispute, the people's court to determine the name, subject matter and quantity, shall identify the contract." The essential clauses, contract is: the names of the parties, subject matter and quantity. According to what you said, you andLA written agreement between the stone price, including number and advance the content, agreements should also have you andLThe name or the name. It can be identified with youLBetween the contract. You andLFor the parties to the contract.

Second, from the show you, you giveLDeliver goods.LThen put the goods to the construction company.CSaid, this batch of goods is construction company looking forLDo. Then according to the principle of contract relativity, you andLIs a contractual relationship between, LAnd between the construction company is a contractual relationship. This is the two contract. You andLYour protocol share rights, mutual obligation.LAnd construction companies is the agreement between them each other mutual rights, obligations. There are not any contractual relationship between your company and building.

Third, you to construction companies direct shipping, construction company staffCReceipt of goods, and pay part of the purchase price to you. The nature of this behavior in the law is the third person to perform. According to the "contract law" article64Article, article65Provisions, to perform includes discharge to third and from third to two. Third people to perform and relativity cannot break the contract. That is, although the goods you over to construction companies, construction companies to pay the money you can, but you are still not the existence of a contractual relationship. Or you andL,LThe establishment of the contract their relations with the construction company.

Fourth, to sum up, according to the relativity of contract, you can only toLThat the remaining money to pay, but not to be able to direct construction company.CThat must be the money settlement toLThere is a legal basis for.

In this case,LRefused to pay the remaining amount acts constitute a breach of contract. You can go to the court that he. Of course, the easy way,LCan not come forward, unilateral and construction company agreed: by construction companies directly to the payment of the goods to you. So, by the construction company to perform. (Cheng Chen, Sina micro-blog@Major case-Cheng Chen.

 

594Ask: Hello, ask advice about personal credit. I2005Year in Zhejiang for the Construction Bank credit card, then the arrears for more than a year did not return after2007Years after the cancellation of all your money also. But now the people's Bank credit rating system is not also need to show, Zhejiang Construction Bank there voluntarily submitted credit system updates report line. But CCB said has been listed as doubtful what, can't change, I think it should be changed. Specifically the contact which department feedback about it, how should handle good? Thank you. We are looking forward to your reply.

Answer: according to the "credit management regulations" article2The provisions of article,"Credit transaction information, namely the person, legal person or other organization in the loan, use a debit card or quasi credit card, credit guarantee, contract, transaction records and credit related formation in social economic activities". Article17The provisions;"Credit rating agencies to collect information should be objective, timely collation, preservation and processing, does not distort, tampering, and shall take necessary and reasonable measures, to ensure the timely updating of information."You now, because you have to repay, the banks have the obligation to provide proof to the credit information center, modify your payment status, so it is recommended that you first negotiations with banks, asking them to provide updated information to the credit information center; if they do not handle, you may apply to the people's bank credit in the heart that CCB not give you proof of please help you to coordinate, CCB; or directly to the local banking regulatory bureau complaints, the CBRC will coordinate the bank to help you solve.
    However, because of your existence fails to repay credit card fact, credit system of overdue repayment negative record is the retention of personal credit rating system, the database is updated every month1Second, once arrears records even will also be stored in the database, and keep long, is still inconclusive. (Du Hongtao, Sina micro-blog@Major case-Du Hongtao.
   

595Ask: the city, District Health Bureau received a open individual clinic application, to license without permission of the case.2012Years3Month, John Doe in diagnosis and treatment for patients were investigated by death, revoked license. Man filed a reconsideration, the reconsideration organ shall revoke the decision to revoke illegal procedure. Somebody to apply for renewal before the expiration of the license, the health bureau is not accepted, and announce the cancellation of the license expires. Subsequently, the City Health Bureau to punish a license to practice, a proper court, the court considered for renewal before the expiry of a license, the development of the District Health Bureau omission, permit automatic renewal. Therefore, the City Health Bureau punishment no basis. The premise in the development of district health board without the permission, permission is illegal, it shall be revoked, rather than the direct write off, the administrative organ is clearly there are many illegal, the court is the reason that permit legitimate, the decision how to evaluate? Thank you

Answer: first of all, I think, the court does not acknowledge the legal presumption of a license but due to licensing behavior development district health bureau made clinics. Otherwise, criminal responsibility will be ultra vires license a District Health Bureau and bear the illegal practice, is obviously unfair to the man.
Secondly, according to the "administrative licensing law" sixty-ninth article: any of the following circumstances, make an administrative licensing decision of the administrative organ or the administrative organ at a higher level, according to the request of the interested party or according to its powers, administrative license may be revoked: ......(two) beyond the statutory authority to make a decision to grant administrative license......The development of the District Health Bureau, the City Health Bureau shall make or revoke the administrative license decision but not as, is illegal, but no one puts forward administrative litigation, on the basis of the principle of no trial without complaint, the court shall not make health bureau illegal judgment.
Third, according to the second paragraph of "administrative licensing law" fiftieth: the administrative organ shall, according to the Licensee's application, in the effective period of this administrative license expires before to decide whether to grant the extension; if it fails to make a decision, as allowed to continue. Some armour after the administrative license expires achieve continued clinics. The development of the District Health Bureau direct is illegal, the court a case is correct. For a related license, shall be the development of the district government and the Municipal Health Bureau to make decision of withdrawal. Zhang Lei.

 

596Ask: our company, each employee received5000Yuan risk pressure gold (later changed to training fee), this money is leaving . How reasonable, how to come back ah?

Answer: the collection of the risk of mortgage payment to employees with employers had no right to, you can ask the company seat of the labor bureau to complain, the Labor Bureau of the employing units ordered deadline for refund the risk of mortgage payment to workers. According to the "labor contract law" provisions of article ninth, "employers recruit workers, may not retain the employee's resident ID card or other papers, nor require him to provide a guaranty or take any propertiesfrom labourers". The provisions of article eighty-fourth, "the employing unit violates the provisions of this law, to guarantee or any propertiesfrom labourers, the labor administrative department shall order the return of such workers themselves, and to each person of five hundred yuan of above two thousand yuan of the following standards impose a fine; to workers caused damage, it shall bear the liability for compensation". (Li Yajie, Sina micro-blog@Major case-Li Yajie.

 

597Q: my agent, an Australian Coffee brand, whether the company registration can use the brand name for the company registered name. For example, Jiangsu XX Starbucks Catering Management Co., ltd.. The other has no objection to the company of their brand and name. In view of the situation. The other did not investment circumstances, I will not trouble?

 Answer: the use of brand, suggest you are best in the authorization protocol specific scope, time, cost etc; as for the use of the brand name in your registered company name, as long as the written consent of the other party, and the industrial and commercial registration by pre nuclear name, then the name can register; as for the equity problem, shareholders of a company with limited liability company is entitled to contribution, concrete should be clear in the investment agreement, and record in the administrative department for Industry and commerce, if brands did not contribute, the non shareholders, will not affect your rights. (Du Hongtao, Sina micro-blog@Major case-Du Hongtao.
   

598, Q: Hi, I want to consult you a question, I have a friend to open the hotel, a customer said that eating pork stomach ache in his shop, the relevant departments of the inspection of pork away, I want to ask, I Is it right? Must lose money, if he can't prove there is a relationship with the pig. If his belly meat. I Is it right? On it.

 Answer: according to the "food safety law" and "catering service food safety supervision and management measures", catering enterprises should establish and implementation of employee health management system, organize the employees to participate in food safety training, and shall establish a food, food raw materials, food additives and food related products procurement inspection and Sok Sok card ticket system. In the hotel with the food hygiene management regulations of the premise, the customer that the stomach pain is because the hotel provided caused by pork, are first detected by the relevant departments for, you can also provide purchase invoices to the detection mechanism, inspection certificate, proof of hotel to meet the quality requirements of pork. According to the "tort liability law" article6The provisions of article:"Who is at fault for infringement of civil rights, he shall assume the tort liability."If the test report shows that pork accord with the quality standards for customers, stomach pain, you have no fault, so you do not need to assume responsibility. If the test fails, the customer may require you to bear civil liability, at the same time, health authorities may also carry out administrative punishment on you. Of course, if you are on the detection results objection, may apply for re inspection, (Du Hongtao, Sina micro-blog@Major case-Du Hongtao.
 

599, ask: Hello, I have a civil case closed, the direction of the intermediate court for retrial, retrial revision. I found a trial after I and to the other party in a trial court mediation the civil case mediation property has finished. I to the intermediate court retrial error the grounds of appeal to the court of. The court is not on file, to the court after the appeal court has not placed on file. What should I do?

Answer: the information you provide is limited, I do not know the original judgment is a judgment, or the Appellate court. So the only according to the different situation to answer:

According to the current "Civil Procedure Law" article207The provisions of article, "people's court in accordance with the procedure for trial supervision of civil retrial cases, a legally effective judgment, ruling is made by the court of first instance, in accordance with the procedure of first instance trial, judgment, ruling, the parties may appeal; a legally effective judgment, judgment is made by the court of second instance, in accordance with the the procedure of second instance trial, judgment, ruling, is a legally effective judgment, ruling; superior people's court trial in accordance with the procedure for trial supervision, in accordance with the procedure of second instance trial, judgment, ruling is effective judgment, ruling by law."

One, if the decision is made by the court of first instance, the retrial should be heard in accordance with the procedure of first instance, the decision may be appealed. At this point you can be made to re trial court or a court of appeal.

Two, if the decision is made by the court of second instance, the retrial should be in accordance with the procedure of second instance trial, the judgment for the effective judgment, you may not appeal.

Three, if the judgment is made by the judgment of the first instance court at the next higher level court in accordance with the procedure of second instance, if the second judgment is the judgment, you also may not appeal.

In two or three of the cases, you can apply for inspection recommendations or protest to the procuratorate.

According to the current "Civil Procedure Law" article209The provisions of article, "in one of the following cases, the parties may apply to the people's Procuratorate procuratorial suggestions or protest: (a) the people's court rejected the application for retrial; (two) the people's court fails to apply for retrial ruling; (three) if the second judgment, ruling is obviously wrong." The article (three) Xiang Weiyou, and then to make judgment court at the same level Procuratorate on a procuratorate procuratorial suggestions or protest application.

As for mediation, court of first instance has been completed and the property of mediation, the mediation book production. The civil procedure law before the amendment of the ""182And the current "Civil Procedure Law"201Article stipulates, "the parties to a legally effective mediation book, provides evidence proving that the mediation violates the principle of voluntariness or that the content of the mediation agreement in violation of law, may apply for retrial. The people's court to review the case, shall the retrial." The parties can be the effective mediation book applies for retrial. Cheng Xiaocheng.

Your story is relatively simple, there are some facts that I do not know: the court of first instance on the property of the mediation and the mediation, the mediation effect? The court of first instance in the judgment to make no property evaluation? Or in the judgment of property was re evaluated? The other party to apply for a retrial, together with the property to apply for the retrial decision, on the property problem. So, do you think if the second judgment error on? These questions, you need to provide me with information. I can further answer. (Cheng Chen, Sina micro-blog@Cheng Chen.

 

600Ask: Hello, I think, some legal advice. I and my boyfriend bought a house, is one of the firstSemi, but at that time because of his bank card has problems, put down the money cash into my Cary paid the down payment, then the month for each month are half and half, but he is to save, he tried to use his card to transfer the money in the past. I would like to ask, if after we broke up, we can't get married now, house wrote my name, the house may all belong to me? When the mortgage also go to bureau of civil affairs out of the unmarried proof . If the registration, divorce after house may also all to me? I belong to the premarital property? Thank you for your reply, trouble.

Answer:1China's property to register, is to register for marriage registration requirements, so if you write your name, when the divorce court will decide for your personal property.
2If the registration is occurring after registration you married, period is Cunxu in marital property, even if the registration is a party, without special agreement the court generally will be identified as the joint property of husband and wife.
3If this is the first case, that is to say to your personal property before marriage registration, at the time of divorce, division of property in the agreement of both parties, if no agreement, the court will determine the real property registration, the man can assure you that the creditor's rights, including value-added part and mortgage payments. Another according to the "three fifth one spouse's personal property after marriage the interpretation of the marriage law" justice benefit, except fruits and natural value, identified as common property. Lei Wenxia.

 

 

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