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 451st to 480th legal consultation

 

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

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:

 

451, q:My mother in December last year, a Jiangsu Wuxi punch factory work, an accident, cause right index finger middle finger and ring finger of the first joint is rolled out, after the timely rescue, three fingers are connected, but it can not be completely fist. Without a contract, is now ready to adjust, the manufacturer said that gave one hundred thousand yuan, home didn't agree, I think that the advice, can compensate the right number?

Answer:1To the administrative department of labor security, can apply for work-related injury identification, according to your description, there may be identified as the seven level disability.

2, compensation project for medical expenses, the hospitalization subsidies, food life care, industrial wages during the transportation, accommodation, expenses for aid, a one-time grants for the disabled, disability allowance, medical subvention disposable work-related injury, disability employment grants.

3, seven class disable a one-time grants for the disabled for me13A month's salary. The disposable work-related injuries Medicaid and one-time grants for the disabled in employment by the local government regulations. (Cai Shengqi, Sina micro-blog@Major case-Cai Shengqi) the disposable work-related injuries Medicaid and one-time grants for the disabled in employment is paid by the employer terminates the labor contract on the basis of the general standards, to co-ordinate the area (i.e. the injured person is located) of social average salary as the base, month tens of disability rating (Chen Zhe, Sina micro-blog@PoisonZhe))

 

452, q:I would like to ask: Premarital's parents bought his son a suite, write the name, down payment and mortgage are parents, after the mortgage is also the parents. In this way, the house premarital property? Write the card before, what method can prove this is premarital personal property without controversy? Or what agreement, can let parents sure is premarital property? There is, do not want to let the notarization or sign the agreement. Thank you.

Answer:1The property is undoubtedly his personal property. According to the "property law" the ninth stipulation: the establishment of real property, alteration, transfer, Destroy, registered according to law takes effect, the property is registered in the man's name, there is no doubt that the ownership.
2"Said the joint property of husband and wife of the marriage law", refers to the income during the marital relationship of salary, bonus, production and operation of intellectual property rights of income, inheritance or donation and the donation contract and will and not explicitly agreed as a party to the husband and wife property and other property. The relationship between husband and wife began to marriage registration is essential, to prove that there is no doubt that the premarital personal property, can take the real estate registration certificate and marriage certificate of the time difference to prove, the real estate registration in the marriage registration before, can be identified as premarital personal property. 
3If you want to avoid the notarization of the common property, according to the "property law"33A man may apply to the court, requesting confirmation of the real estate ownership, in order to avoid the woman for the change of registration. (Lei Wenxia, Sina micro-blog@Marinated Egg miss)
  The Supreme People's Court on Issues Concerning Application of "marriage law of the PRC" explanation(Three)The provisions of article seventh, married by a party of parents for their children to buy investment property, the property right registration contributor in the name of children in the marriage law, in accordance with Article eighteenth(Three)The provisions of item, as to their children only one party donative, the immovable property shall be deemed to be a party to the husband and wife personal property.
  Parents to son buy a house, the property right registration of all artificial son, premarital down payment and mortgage are parents, marriage not paid off the mortgage repayment by the parents, such as typical parents to their children only one party donative, belong to the individual property, premarital property.
  Because the law is clear, this property is the personal property of the man in this case, parents have the first payment credentials and mortgage loan repayment credentials, so no need to sign an agreement. Suggest that you put the law to explain to your parents. You can. Premarital property that the signing of the agreement or notary must have her in, is bound to affect your relationship. (Chen Zhe, Sina micro-blog@PoisonZhe)
   

453, q:Thank you very much! Is the beginning of this year I have a piece of our local supermarket card value150Yuan, the first consumer 40 yuan, after not in consumption, balance and100Multi point, this month17Go to the supermarket to buy things, the cashier told us a zero balance. Because I'm sure I was not in the consumer, so I requested to check the records of consumption, there is95Element of man is4.30Number of consumption, I participated in a friend's wedding, card in my hand I couldn't consumption, I ask them to check monitoring, security manager is not in the grounds, said a few days to reply, after which they settle a matter by leaving it unsettled, shall we go to the supermarket to argument yesterday, see the surveillance, except that the cashier monitoring. They say the check system, and let us call waiting, yesterday afternoon, they say the bill to prove that money is spent, a small ticket shows around ten a.m. consumption95Balance0.7Yuan, consuming four p.m.0.7Yuan, balance0.Responsible supermarket said their responsibility without, monitoring not according to them there is no way. But consumption record too exaggerated, not to use our own, impossible to seventy cents specially to spend time. They said they don't tube, I ask, has the responsibility to their supermarket. Play110They said that no matter the Consumers Association, a telephone, and they say nothing, our young people are inexcusable. We don't know what to do anymore, now is not a question of money, I want to protect my rights

Answer: such things like the bank card stolen. As a cardholder, responsible for the proper storage card and password obligations, as issuers, must ensure that the card system security, when in use should try some responsibility for the examination.

The following analysis as established in the litigation context:
In this case, the cardholder found stolen brush, but not the first time that the card does not leave the body, is stolen, the issuer system risk, so it is difficult to prove the stolen brush. (general experience is, if discover card stolen, immediately to the supermarket shopping, that card is copied from.) The cardholder to attend the wedding as evidence, only that you are yourself without the use of the card, can not prove that did not authorize others to use the card, the card without signature, don't even need a password, strict examination responsibility without the issuer.
    On the whole, the cardholder can not prove that they did not authorize others to use the card, the card cannot be proved to be replicated, unable to prove that the issuer's fault, not through the legal procedures for its responsibilities. (@Ye Haibo1999)
    

454, q:One thing I was the rural people, because the field problem, my responsibility field next door is a five protection, after the death of his responsibility fields let nephew to succeed, then he can lead us in responsibility cropland, grain yield no harvest, communication without, the village cadres do not dare tube, I don't want to make it so, what should I do?

Answer:1China's "land management law" article31Stipulates: "the state of the protection of arable land, strictly controls the conversion of cultivated land into non cultivated land." At the same time, the law of the36Also made more stringent requirements, the more clear: "be used sparingly for non-agricultural construction land, we can use the land shall not occupy arable land, poor land can be used, not by good. Banning the occupation of cultivated land to build kilns, grave or unauthorized building in cultivated areas, dredging, quarrying, mining, earth etc.. The ban on basic farmland development of the forestry and fruit industry and cut fish.

Therefore, the farmland planting trees belonging to illegal, change the nature of land. In this way, Wei can recover the land.

2You two land near, "people's Republic of China Property Law" has a "provisions of the adjacent relation",85Regulation: adjacent immovable property rights should be in accordance with the principle of the production and convenient life, solidarity, fair and reasonable, correctly handle the relations between adjacent.

In this way, you can according to1,2These two requirements of his home is not in their own land to plant trees or not do other effects you land crop yield behavior. Or you can sue to the court, asking him to remove obstacles. But this procedure requires the agricultural sector do a expert opinion, is much affected his behavior on your land crops, a bit of trouble.

Suggest you give him the consultation, is not in the choice of litigation. (Wang Zhen, Sina micro-blog@The most basic cold)

 

455, q:Consult professional personage, the government has the right to recover the rural homestead? If does not have the right to recover, I how to rights? Thank you.

Answer: there are two cases the village committee can recover the land: one is the idle homestead; The other is the collapse of the housing not more than two years to recover the use of land; and there are houses demolished not more than two years to recover the use of land. Is mainly based on "to determine land ownership and use right several provisions" of article52The provisions"The idle or dismantling of houses collapsed, not more than two years to recover the use of land, not to determine the land use right. Have determined the use right of the collective approval, approved by the people's government at the county level, the cancellation of its registration of land, land under collective withdraw". At the same time, some local laws and regulations have provisions, such as "land management regulations of Jiangsu province" article34Article4Paragraph"After approval two successive years of unused land, shall be returned to the collective economic organizations shall be separately arranged by". Sina (micro-blog@Major case-Zhu Wenliu.
 

456Q: I have a classmate, in the bank, he is going to resign, but the bank side said he a loan out, don't let him resign. The money he is co, but in fact he has not left the business. He would like to ask the legal the way he resigned not legitimate?

Answer: the labor contract law, article thirty-seventh  Workers thirty days in advance written notice to the employing unit, can remove labor contract. Advance notice of three days during the probation period the employer may terminate the labor contract workers. The employee may terminate the contract in advance notice, if laborer caused the loss of the company, the company may request the worker's compensation, but has nothing to do with the termination of contract. (@Ye Haibo1999)

457Ask: Hello! I lend a friend seventy thousand yuan! There are IOU in my mobile phone! But now he and I lost contact! Do not know how to do? 

Answer: A, > Article119The prosecution must meet the following conditions:
(a) the plaintiff is a citizen, legal person or other organization that has a direct interest in the case;
(two) a definite defendant;
(three) there are specific claims, facts, reasons;
(four) belonging to the people's court accepts a civil action range and governed by the people's Court of appeal.
< > > the Civil Procedure Law92Article The recipient of the service One's whereabouts is a mystery., or the use of the provisions of this section cannot be served by the other methods, served notice. The date of the public announcement, after sixty days, both as a service.
Announcement shall specify the reasons, in the files of the case and after.
If you know the person specific information of the debtor, home address or his words, can sue to the court. The court served.
Whether two, review the property is the common property of the couple
Property is negative related to the joint property of husband and wife, creditors can claim the creditor's right to the arrears spouse. According to the law of our country, during the marital relationship either the husband or wife of foreign debts for the common debt, unless the couple agreed by the debt, and creditors know the agreement or arrears statement in money is the personal property of the exception.
The joint property of husband and wife to pay by the husband and wife to the joint property of husband and wife, so if the debt is conjugal debt, the creditor can claim the creditor's right to the debtor's spouse.
Three, apply for declaration of missing, to the debtor's property escrow assert a claim
"General principles of civil law" provisions of article twentieth, citizens One's whereabouts is a mystery. two full years, interested parties may apply to the people's court declared a missing person. At the same time, "the general principles of the civil law" the twenty-first regulation, a missing person's property shall be his spouse, parents, adults or other close relatives, friend. The missing man owed taxes, debts and other fees payable by the custodian out of the missing, the property to pay. Zhu Kaiyue.

458, Q: I work at a public three Jiadeng hospital for ten years, is the first batch of contract nurses, hospital has only1120Yuan of salary, pay the minimum pension, medical insurance card is no subsidies, there is unemployment insurance, and housing accumulation fund, maternity insurance did not pay, in the absence of ask for our views in case let us weekly rest day, grant60Yuan, various benefits may take less than regular workers, or formal business risk, heating costs, we have not, but our work is the main force, in accordance with the labor law and regulations on nurses? How will we get the treatment?

Answer: can apply for labor arbitration. The claim can be: equal pay for equal work, buy social security (to compensate for the loss in some places to go through the reissue, not required) and due to not buy social insurance losses (for example: should enjoy treatment of medical treatment insurance, birth insurance treatment), working time make no exception and in accordance with the provisions of the overtime. Provident fund of not belonging to the scope of labor arbitration, should be complaints to the local housing provident fund management center. (lawyer Li Jinhui)

 

459, Q: our company, the benefit is not good, so for now, reduction, but shareholders do not match, send her messages did not reply, let her friends to her with a message did not reply, and there, must want to have her signature or to see her, she does not fit, I how to deal with it. It ? The registered capital of the company is50Million, now to10Million, so the company wants to situate the registered capital to10Million, if not handled within the specified time, then the company can not participate in the annual examination, will be fined. So I am very worried now.

Answer: the first shareholders' meeting shall be convened and presided over by the largest shareholder, exercise their functions and powers in accordance with the provisions of this law. The meeting of shareholders held notice whether it could be in the form of announcement, also see the articles of association of the company are not. If there is, it can be used in the form of announcement notice. But the shareholders meeting on the amendment of the articles of association of the company, increase or reduction of the registered capital of the resolution, as well as the merger, division, dissolution or change of corporate form of resolution, must vote by the shareholders representing 2/3 or more of the. Because you have99%The shares, so in principle the shareholders not to attend the shareholders' meeting will not affect your capital decisions. Sina (micro-blog@Major case-Zhiqiu guest)
 

460Q: you, the legal profession, hello. When our family to rent the house to others, small underground pipeline blockage, water flow into our home. The tenant to property reaction times property didn't accept, and then put their tenants drainage channel on the block, then flow into my upstairs family, he said he was going to sue us for blocking his path now. Could you tell me how to deal with, we need to take

Answer: you have said that the problem actually is the adjacent relationship problems, China's "property law" eighty-fourth article: adjacent immovable property rights should be in accordance with the principle of the production and convenient life, solidarity, fair and reasonable, correctly handle the relations between adjacent. Rule eighty-sixth: the rights holder of immovable property shall provide necessary convenience for the neighboring right holders, drainage water. "General principles of civil law" eighty-third stipulates: real property adjacent to the parties, should be in accordance with the spirit of the production and convenient life, solidarity, fair and reasonable, correctly handle the relations between adjacent section water, drainage, access, ventilation, lighting and other aspects of the. Adjacent to the square to obstruct or loss, shall stop the infringement, eliminate the obstruction, compensate for the losses.

     Your tenants to drain the room is blocked, will cause sewage flowed, invasion of adjacent right you upstairs people, you upstairs people has the right to sue as housing for all of you and the house users (i.e. your tenant). If the prosecution, you may face the risk of losing, the court may sentence you to stop the infringement, eliminate the obstruction, compensate for the losses. That allows you to clear the sewer of your home, if you upstairs family suffered property damage, you may assume corresponding responsibility for compensation.

     Suggest you with your upstairs people communicate, and then combined with other owners and property of negotiations, to eliminate the influence from the source. (Chen Zhe, Sina micro-blog@PoisonZhe)

 

461, Q: want to ask: I06Years to do Zhang Zhaohang's credit card, then girlfriend at that time away, I have no repayment, yesterday said one is travel agencies say I owe8000Much of the debt, but I was stay mailbox to see Bill5000Many, want to ask me now how to deal with this matter? I will also8000Many still owe5000Multi? Thank you.

Answer: first of all, you should call the China Merchants Bank Credit Card Center, or go to the China Merchants Bank check your credit card number to determine whether the arrears, the repayment amount.

    Secondly, the credit card overdue interest is high, suggest you early repayment, in order to avoid unnecessary losses. If more than bank repayment time, the bank has the right to sue in the chase no fruit. If the existence of malicious overdraft and refused to repayment situation, there may be suspected of crime of fraud on credit card.

Finally, if you have an agreement with your girlfriend at the time, would you let her use this credit card overdraft and by you to repay, then no matter how much you should also. If your girlfriend at that time without your authorization overdraft your card, then it may be suspected of crime of fraud on credit card, you can recover to its repayment, then you as a civil debt disputes. If you report to the public security organs, your girlfriend at that time may be placed on file for investigation. (Chen Zhe, Sina micro-blog@PoisonZhe)

 

462Ask: Hello. My name is21Year old female, with a23The old man unmarried cohabitation of a daughter. At present, my daughter is seven months. At that time only to please the wedding wine, no registration. Now break up, the man want to argue with me custody. Does he have the opportunity to win custody?

Answer:1, you do not apply for marriage registration, so from a legal point of two people do not belong to the husband wife relationship, the two sides to dissolve cohabitation relationship can be.

   2, to the custody of their children, according to the "marriage law" article36The provisions of article: "after the divorce, breast-feeding period in children, breast-feeding mothers with the principle of dependency. After breast-feeding their children, by raising questions such as the two sides dispute can not reach an agreement, the people's court according to the specific situation of the rights and interests of the child." Although the article is aimed at the divorce, but your situation may refer to the provisions, because your daughter still in lactation period shall in principle, the mother shall. (Du Hongtao, Sina micro-blog@Major case-Du Hongtao.

 

463Ask: Hello, lawyer, my aunt and uncle car accident, traffic police ruled the other bear the main responsibility, the hospital for two months, the cost of treatment of each other only a part, we are prepared to prosecute for late. My uncle is serious now can't leave the hospital, my aunt is good, ready to go, want to ask, the later prosecution what procedures need to apply and which to keep materials in hospital. Thank you

Answer: you need to obtain and prepare the information below:

1, hospitalization records

2, discharge records

3The book, diagnosis

4, standing orders

5, expenses invoice (the best list)

6Downtime, proof

7Strengthen nutrition advice

8The accompanying doctor, need (Zhang Jing, Sina micro-blog@Gradually the timid time)

 

464Ask: Hello, excuse me, who is50Grams of ice, is trading13Grams of methamphetamine, Co63G. The police caught, what sin, sentenced to long, thank you.

Answer: A, > 347th [smuggling, trafficking, transporting, crime of manufacturing narcotics smuggling, trafficking, transporting], manufactures narcotic drugs, regardless of the quantity, shall be investigated for criminal responsibility, criminal penalties.

Smuggling, trafficking, transporting, drug manufacturing, one of the following circumstances, was sentenced to life imprisonment or the death penalty, fifteen years, also be sentenced to confiscation of property:

(a) the number of smuggling, trafficking, transporting, manufacture opium, heroin or methamphetamine kg more than fifty grams or other narcotic drugs of large;

Smuggling, trafficking, transporting, above two grams less than one kilogram of manufacture opium, heroin or methamphetamine 10 grams less than fifty grams or other narcotic drugs amount is larger, more than seven years in prison, fined.

For smuggling, trafficking, transporting, drug manufacturing, untreated, the quantity of narcotic.

Two, methamphetamine belong to methamphetamine drugs, judicial organs should make judicial identification number and variety of drugs involved.

Three, in practice, the court will deal63Consider the sentence. (a), with the number of smuggling, trafficking, transporting, manufacture opium, heroin or methamphetamine kg more than fifty grams or other narcotic drugs of large. At the imprisonment, life imprisonment or death fifteen years, also be sentenced to confiscation of property. But hold50G can be considered not into society. Cause greater damage, can consider a lighter punishment.(Zhu Kaiyue, Sina micro-blog@Dream_Monster_)

 

465Ask: Hello! The last is enterprise's elimination system legal? There is no existing law can be countered?

Answer:1No provisions, shall not use the bottom out of the legal system, so if the last phase is illegal units, according to the case.

2Stipulated in the labor contract, if the bottom out, then units may terminate the contract, the contract agreed reasons. But you can ask for financial compensation.

3If the contract is eliminated, without payment of compensation, so the illegal labor contract law forcible norms, this contract shall be void, you can still request compensation, but the unit may terminate the labor contract.

4If the elimination rules, regulations, and rules and regulations through democratic procedures (i.e. the TUC), then the last phase is legitimate. But the unit still need to pay compensation. If the arbitration or lawsuit, can let the unit proof, rules and regulations are passed through democratic procedures.

5If not, the contract, and no rules, just by the leadership of a word or other forms, so the bottom out invalid, units may not terminate the contract. (Jing Hao, Sina micro-blog@King Mu Siyu)

 

Supplementary answer: elimination in general is the company employees failed to meet our criteria of assessment, a mechanism, the company has the right to unilaterally terminate the contract as a matter of fact, the employing units in the performance appraisal of the lowest ranked employees is not a job, even if the job, the employer should also be according to the "labor contract law" article40To provide training or adjustment to work, if the employee is incompetent, can dissolve a labor contract unilaterally, and to pay compensation. (Du Hongtao, Sina micro-blog@Major case-Du Hongtao DU)

 

466, q: Teachers in three party agreements of liquidated damages is too high, do not want to perform, bureau of education than to the high price penalty!

Answer: according to the information provided by you, you say "nature teacher three party agreement" should be the labor contract.

Then you need to clear your three agreement, the penalty is what matters default based on the agreement. According to the "labor contract law" article22Article, article23The provisions of article, only under the following circumstances, the employer may contract terms, besides in the labor contract, liquidated damages clause is invalid: (1) provide special training expenses for workers, professional training for the employee violates a, the agreed period of service; (2) the worker and the employer in the labor contract or confidentiality agreement the competition restriction provisions, and after the lifting of the labor contract by the employer to pay economic compensation to the employee on a monthly basis, if the employee breaches the competition restriction provisions. (lawyer Han Song)

 

467, Q: distinguished lawyers Hello, I and a girl talk, she borrowed my2000Yuan said, give me also, also said she broke up. Now when I want her not to return, and anti pollution I owe her. Because she and I had lived, she said I want the money she accused me of rape. What should I do, can direct the alarm? I know her address, but I have to give her money in the bank voucher. Although money is not much, but hard to swallow this tone. Could you please help me analyze, thank you!

Answer:1, you hold to bank vouchers this money, can prove it2000Yuan loans real, you can sue to the court for a woman to repay debt.

    2She said to tell you, rape, depends on the circumstances: if you during the first money instead to have sex, and the girl on the spot to the police, or their sexual relationship without cleaning, saved may leave your body underwear, bed linen and other items, or field without be destroyed, or video monitoring, post hoc alarm, then, you may be the public security organ for investigation, the public security organs will be based on the first statement and relevant evidence to identify your whether the alleged rape. Because the crime of rape is a more subjective intention crime victims, even if the time to have sex with you is voluntary, after the alarm that is you forced, as long as sufficient evidence, then you may also suspected of the crime of rape.

    3, according to the information you provide, you and she had lived, as long as have not lived, so be sure that no evidence can prove that you have sex with when it is forced, only rely on the statement, the absence of evidence the police not easily knot theory. On the contrary, if the report you rape and eventually no evidence that you alleged rape, it would for libel behavior negative corresponding legal consequences. (Chen Zhe, Sina micro-blog@PoisonZhe)

 

468, Q: my father works in a factory sprained his waist, but resumed when factories require my father wrote to prove the application later evoked and they never mind, what should I do?

Answer: first, the employees work-related injuries recurrence, units shall bear corresponding responsibility, for your father signed restart application "exemption clause" is illegal, the content is invalid; second, suggest you father is best not to sign for the resumption of work, although illegal, but after all, belong to the category of civil rights, if disputes, the unit may argue that your father voluntary Punishment Rights, also can increase your Fang Weiquan cost; third, if your father body allows and wants to stay at this unit
Work, suggest the best resolved through consultation and treatment to problems; fourth, I do not know the injury is how to handle, suggest you father as far as hurt Advisory labor ability appraisal departments can comment on the disability, such as energy, then immediately (within one year from the date of occurrence of work-related injuries) start work injuryidentification procedure, and keep the relevant evidence, but also reduce the risk for future rights. Otherwise, if the future recurrence, may be due to more than a year and the impact of the appraisal conclusion. (Fan Haibo, Sina micro-blog@What time can not write these at sixes and sevens)

 

469Q: Hangzhou, practice claim Lawyer Liu

Hello. I am a college student.2013Years3Month20Roommate stolen mobile phone No. My mobile phone isIPhone5Is3Month10No. to buy. Price5288Element. I'll call the police at the time. Then the roommate scared. In the4Month2No. the mobile phone back. I will go to the Public Security Bureau xiaoan. The roommate in the Public Security Bureau admitted to stealing my mobile phone. Then the Public Security Bureau and procuratorate decided not to pursue with the roommate's responsibility. She is a girl is reading in College students. A first offender. The mobile phone back. So don't be. But now I want to be held responsible. How to do

Answer: if you want to be held responsible for now, first of all we should go to the public security bureau to explain the situation, ask them to register shall be investigated for criminal suspects responsibility. If the public security bureau is not filed, the procuratorate and the Public Security Bureau has decided not to blame, so now you can sue to the court, as a case of private prosecution.
"Criminal Procedure Law" provisions of article 204th Cases of private prosecution include the following: (three) the victim has evidence to prove that the infringement of their personal, property rights of the defendant's conduct should be investigated for criminal responsibility according to the law, and the public security organ or the people's Procuratorate shall not be investigated for criminal responsibility in the defendant's case. (the defendant may be sentenced to3Years in prison the following punishment cases) "criminal law" the provisions of article 264th of theft of public or private property, the larger amount, or multiple theft, burglary, larceny, theft of carrying weapon, office3Years in prison, detention or control, or be fined. Zhejiang province theft crime sentencing standards:1000Yuan dissatisfaction2500Yuan, office control, criminal detention, six months in prison or fines;2500Yuan dissatisfaction4000Yuan, was sentenced to six months to one year;4000Yuan dissatisfaction7000Yuan, was sentenced to one year to two years;7000Yuan dissatisfaction10000Yuan, was sentenced to two years to three years.
So now meet private standards, according to "the Supreme People's Court on criminal cases of private prosecution case filing examination regulations" article4A, private prosecution cases by the criminal trial of the basic level people's court, if the defendant resides to the grassroots people's court is more appropriate, but also by the defendant resides to the people's court for trial, you can ask the school location (both criminal lawsuit court). You should be prepared to prove the crime of material (the Public Security Bureau report records, records), meet the conditions of the private prosecution cases by the people's court shall accept the case according to law, for which insufficient evidence, can be accepted by the public security organs, or that the defendant may be sentenced to more than three years of punishment, it shall transfer the case to the public security organ for investigation.
On the other, do not know later what happens, but still suggest to give students a better chance. ((Liu Xiaowei, Sina micro-blog@Liu Xiaowei being)

 

470Q: my brother, because the thief was caught in the mobile phone, more than half a year has not hearing. The family is very anxious, do like this?

Answer:1, according to your situation, your brother may be suspected of conceal, conceal the crime of offending, detention of the detainees arrested one day to be shortened by one day, the law strictly prohibits the extended detention, or be related staff responsibilities.
2According to regulations, criminal procedure, judicial authorities according to the specific circumstances of the case can be made to check back, delayed decision. Your brother's case may now be in the stage of review and prosecution or the court phase, in view of the case is unknown, and a longer time, principal lawyer, counseling grass-roots procuratorate department to understand the progress of the case handling, better help your brother to safeguard the legitimate lawsuit right. (Fan Haibo, Sina micro-blog@What time can not write these at sixes and sevens)

 

471Ask: Hello, I, is a special case, please help answer, thank you. My dad and my stepmother is2000Years of marriage, when my grandfather under the name of a set of real estate,2010My grandpa died, real estate certificate has not changed its name, not to transfer, my grandmother died early, the lawful heir is the five child of my grandpa, but this house is my father1992Years of construction, the ownership of my father, only in the1993Write my grandpa's name when the property permits, so the other four children not to my father's house ownership dispute. This year the demolition, the house can be a residential buildings as compensation, but because my grandfather died, now the family head is my father, so future property owners compensation income residential buildings by the head of household registration for my father. Excuse me my father in the future if the divorce, the compensation is a premarital property or buildings after the common property?

A: your grandfather died, your father and four other children as the legitimate right of inheritance to the succession of housing people inherit, inheritance law in our country stipulates that the twenty-fifth, after the opening of succession, the successor who disclaims inheritance shall, before the disposition of the estate, make known his show. No representation is deemed to have accepted the inheritance. Four brothers and sisters, your father's not explicitly waives the right of inheritance, is your father five brothers and sisters are common to all of the housing, relocation compensation income from five a total of five can negotiate, segmentation. According to the "marriage law" article17Tiao Hedi18The provisions of the succession, in marriage during the existence of the property, both the husband and the wife, except will determine for either husband or wife only property, your grandpa intestate property, that part of your father by statutory succession inherited, common property belonging to your parents. (Chen Zhe, Sina micro-blog@PoisonZhe)

 

472, ask: Hello, I want to ask enterprises to help non company personnel to sign labor contract, to write a statement on this contract is invalid. It is this legal statement?

Added: I am a unit of enterprise personnel. A families of employees of their children, parents need to work with. But he is not the employee of our company. Let's do me a favor, sign a copy of our company labor contract. We asked him to write a copy of this contract is null and void statement. Ask whether legal recognition of this statement? Thank you for reply

Answer: according to the "labor contract law" article third of the labor contract should follow a lawful, fair, honest credit, the principle of consensus. Labor contract in accordance with law is binding, the employer and the employee shall perform the obligations as stipulated in the labor contract. In order to fraud and other non to establish labor relations for the purpose of signed labor contract is invalid. So your company principle and signed the labor contract should be null and void.
But if the labor contract but to claim their rights, requested access to the work in your company, which issued the contract invalid statement is hard to be accepted, it is easy to be recognized for the employer position against the legitimate rights and interests of workers are not adopted by the advantage, if its sign labor contract, best can retain recordings to prove the truth of evidence, in order to avoid future for burden of proof can not bear the legal consequences. Zhang Shulei.@Volunteer Zhang Shulei)
 

473, Q: Hi, I come from a rural Jishui County, Ji'an City, Jiangxi, I was1991Years2Month12Day was born, but when the parents want to another, the first is a daughter after four years of a child, so I turned in the account book1987Years, now I am a university graduate, the ID card is87Years, heart very depressed. Do you have what channels or may change back to the normal age.

Answer: it is recommended that the location of the police station census register, detailed consultation to the household registration, generally can be changed. (Sina@Shenzhen branch of a lawyer)

 

474, Q: what, if the pets to bite, as the owner, have to bear legal responsibility for what?

Answer:1In general, if your pet is not pet, a dog and other dangerous animal, then in accordance with the "tort liability law" article Seventy-eighth Domesticated animal causes harm to another person, the keeper or manager of the animal shall bear tort liability, but can prove that the damage has been caused by the victim intentionally or gross negligence, liability may be mitigated or exempted. Here the application of presumption of responsibility, if you can prove that the victim has a serious fault, do not assume or take part of the responsibility.
2In accordance with the "tort liability act", seventy-ninth In violation of regulations, safety measures are not taken to animal causes damage to others, the keeper or manager of the animal shall bear tort liability. Article eightieth No strong dog and other dangerous animal feeding and causes damage to others, the keeper or manager of the animal shall bear tort liability. If you are in violation of regulations or pets Tibetan mastiff is the dangerous animal, so here is absolutely no fault liability, whether or not the fault of the victim (teaser animal), you will need to bear the responsibility for compensation.
3As for the specific contents, compensation, to see the infringee demands which losses, including victims of medical expenses, funeral expenses, death compensation, was dependent for living expenses, mental injury solatium and loved ones to deal with the burial of transportation costs, lost wages.
4For, the civil responsibility, pet owners may also need to bear criminal responsibility. First, if the owner has gross negligence, it may be suspected of causing death. Second, if the pet in the wounding process, the owner has been found and the ability to help or stop pet continue to hurt, not help or stop, intentional homicide may be suspected of omission.
In short, whether to bear the criminal responsibility depends on the specific circumstances at the time, the subjective meaning of pet owners, your description is not very detailed, but the variety of possible analyses provide for you, but the civil compensation is in the affirmative. (Liu Xiaowei, Sina micro-blog@Liu Xiaowei from the)

475Ask: Hello! Does the civil case, the court before the court will be hearing notice is served on the parties concerned? Notification to the phone only manner without written notice is legal? Thank you.

Answer:1136th the provisions of the criminal procedure law, civil, the people's court shall, three days before the hearing, notify the parties and other participants in the proceedings. A public hearing, it shall announce the names of the parties, the cause of action and the trial time, place.2, in judicial practice, judges are usually set a trial date will be through the telephone, inform the parties to the court to get a summons, of course, also have the judge in accordance with the provisions of the civil procedure law, served to the parties by mail service of summons way, this case should ensure that the parties in court3Recently received a court summons.3The trial of the case, if it is a simple procedure, the judge can by telephone, fax, e-mail message, the simple way to summon at any time the parties to court or mediation. Of course, if the court is the court notice sent the non slip form, without party to confirm or any other evidence that the parties have received, the people's court shall not be used as a case processing and the default judgment according to the.4The party received, the court hearing notice, either telephone or summons form, should be in accordance with the date of notice to attend court proceedings, as a plaintiff, if not to appear in court, the court will be dealt with according to the automatic withdrawal; if there is no justification for the defendant received after the notice of court refuses to appear in court, the court may be absent from the trial.5, therefore, the civil action, the court before the court will be hearing time inform the parties, to notify the telephone only manner without written notice is not illegal. (Chen Zhe, Sina micro-blog@PoisonZhe)

 

476, Q: I want to ask, I see on the net of go to market of second-hand computer sold information, by the time I trading and other people on the computer to do a fake, I did not find that, after returning home found false things! Excuse me Ganji as a provider of such information platform should bear the responsibility? Thank you.

Answer: Ganji is an information publishing platform, when the contract between you and Ganji actually formed when using Ganji of relevant provisions, namely Ganji you have accepted when using Ganji and statement of. (Ganji related statement: any use of Ganji system users should carefully read this statement, the user may choose not to use Ganji system, users Ganji The behavior of the system will be treated as the entire contents of the statement of approval)
1In addition to the service, Ganji annotated terms, all due to the use of Ganji release system and any accident caused by negligence, contracts, destruction, libel, copyright or intellectual property rights infringement and cause Losses (including infection by computer virus download), Ganji is not responsible for, nor assume any legal liability. According to the relevant provisions Ganji and statement, transactions Ganji to you this will not bear any legal responsibility. (Zhang Shulei, Sina micro-blog@Volunteer Zhang Shulei)

477Q: I amQQThe group says the abuse of the government and the party, for example"Have the privilege to witness this party in this lifetime""The government is the vampire group"Such remarks, I would like to ask if the criticism of the party and the government is not illegal, they have the right to detain me or condemn me? I am now in Pudong police station inside the high line
Answer: the public security organ may, in violation of the regulations on administrative penalties for public security department staff one day above fifteen, the following administrative detention, to take coercive measures of criminal detention on suspicion of violation of criminal suspects. If you are only criticism of the party and the government, are not generally considered a crime. But does not rule out the possibility of the public security organ according to the circumstances to take administrative penalties for you. In order to protect yourself, it is recommended that you do not take drastic action, to express their demands in a civilized way. In addition, if the public security organ and illegal behavior, hope you inform us more detailed information, such as you to the police station, the police on the time you take measures, the police have no violent acts, so that we can better help you. (Fan Haibo, Sina micro-blog@What time can not write these at sixes and sevens)

478Ask: Hello,I have a thing to want to consult,The sale of housing problems,Is a friend bought a building,When buying,The seller said no formal invoice,(Banfangchanzheng use),Then the two sides to handwritten notes the developers there for the blue,The developer received200Yuan fee,A year later,Developers informed can open formal invoice,When to open,But notice the formal invoice has been called the anterior chamber and open,But in their trading before the opening of the,It is if you want to Banfangchanzheng must use formal invoice,But the invoice is the former owner's name,I want to ask,How to get and the former owner of representations, Banfangchanzheng must also be anterior chamber for the name of the Lord,The key is the money he should not be out,And transfer money he will not,What to do?Solving

Answer: A, according to the case that you provide, your friends buy houses is the nature is the second-hand housing. The buyer is your friend, the seller is what you said chamber. The anterior chamber and developers are under commercial housing contract, the developer in accordance with the contract, the invoice is the former owner name is legitimate.
Two, your friend and former owner has booked a contract for the sale of second-hand housing. Such as have made the sale of second-hand housing contract before the owner have the obligation to assist in procedures for the transfer of property rights, but the housing property taxes to your friend to pay.(Mi Weijun, Sina@Shanghai Mingze Talent Management Consulting Co., Ltd.)

 

479, Q: my father last year by the unit3Million decoration house, school leaders agreed, about six months, he has been retired from five years, now the school principal is investigated, my father would have a problem?
Answer: (in view of your father's identity as unknown, specific divided into the following two cases analysis) first, if your father is the school staff, the staff of public institutions and engaged in public service according to law, and the loan is only a school leaders to agree, but can not represent the unit made a decision, there is may constitute China's criminal law article384The provisions of"The crime of embezzlement of public funds": the state personnel who take advantage of their office, embezzlement of public funds for personal use, illegal activities, or larger amount of misappropriation of public funds, for-profit activities, or larger amount of misappropriation of public funds, more than three months without further, is the crime of misappropriation of public funds, is less than five years imprisonment or criminal detention; clean serious, department for more than five years in prison. The huge amount of misappropriation of public funds is not returned, department for more than ten years of fixed-term imprisonment or life imprisonment.
Second, if your father just school personnel, may constitute the criminal law article272The provisions of"The crime of misappropriation of funds": the company, enterprise or other unit staff, taking advantage of his position, misappropriation of the funds for personal use or lending to others, large amount, more than the monthly unpaid, or are not more than three months, but the amount is larger, for-profit activities, or illegal activities, at less than three years or criminal detention and prison; misappropriation of the huge amount of money units, or larger amount of non refundable, three to ten years in prison.
Third, according to China's judicial interpretation of the relevant provisions, ten thousand yuan to thirty thousand yuan between belongs to the larger amount. So no matter from which point of view, your father the best to return as soon as possible school loan. (Wang Yanguo, Sina micro-blog@Major Wang Yanguo)

480, Q: Hello, have a favor to ask of you: I have to break up with my girlfriend to pay for12Million down payment to buy a suite, the remaining money through our two provident fund loans installment payment. The first payment of the money is from the provident fund extraction part. I was the main man. House decorate my money out. I agreed to her money she broke up, she is not a house. Now developers are not for real estate certificates, and now I want to put the property permits a person of my name. There is a provident fund loans and bank involved in the inside. How do I handle, professional lawyers also requested the case to give advice. Appreciate. Is the common used provident fund loans. The purchase contract is the names of two people. I was the purchase of the main credit

Answer: because of the purchase contract signed by two people, and the loan contract signed by two people, want to will the property permits to your personal name, and relieve the responsibility of repayment, in accordance with the current law and practice, there is great difficulty. Because first of all you need to lift the purchase contract with the developers, and in your own name to the signing of the purchase contract, secondly to provident fund loan contract and the mortgage contract changes to your personal name, if this is not the prepayment loans, provident fund center and the bank is generally unable to handle the release procedures. If you are able to raise enough money to repay the loan, it should be changed into the individual purchase, need to go through the following procedures: (1) remove the original contract in consultation with the developers, and in your own name to buy the house. Because the two sides signed the purchase contract is legally valid contract, you and the former girlfriend of unilateral request to change or cancel the contract, must undergo the developers agree, this is the necessary premise (2) to raise funds to repay provident fund loans and mortgage loans, provident fund center and the bank repaid after the lifting of housing mortgage (3) and developers together to the housing authority to terminate the contract for the record, the lifting of the purchase contract, and then apply for refund of the purchase, payment of repair funds, but no retreat (4) to sign the purchase contract with the developers to you personally, and handle the relevant procedures for loan. (Du Hongtao, Sina micro-blog@Major case-Du Hongtao.

 

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