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 631st to 660th legal consultation

 

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

 

Thank you for your trust and consulting! According to the information provided, combined with China's relevant laws and regulations, this paper answer is as follows:

 

631Ask: Hello, villager group, where I am,9Years not published accounts, but we have been asked, but refused to open, which leads us to doubt account problems, we ask1Any way, the public? 2, what way can obtain the relevant departments audited accounts? 3, if found which department to report?

Answer: the village group is rural grassroots self-governing organizations--The village administrative organization, administrative organization is the lowest level, elected by the villagers, the villagers have the right to know the working condition, and village finance belongs to the "government information disclosure regulations" article ninth of the administrative organs of government information in accordance with one of the following basic requirements shall be disclosed voluntarily:
(a) relates to the vital interests of citizens, legal persons or other organizations;
(two) to the social public widely known or participation;
(three) the administrative authority, functions, procedures and conditions;
(four) the other in accordance with the relevant provisions of laws and regulations and the national law, should take the initiative to open.
Although the villagers group is the administration of autonomous organs, autonomy is strong, but the villagers elected village head, deal with, if the villagers group villagers refused to open, have the right to request the village to village village affairs, is also available to the government for audit. According to the "Regulations of the people's Republic of China Law of Villager Committee Organization", implement the system of village affairs, the right to know. The law of the22The provisions,"The villagers committee shall not publish the published items or published facts are not true, the villagers have the right to report to the township, nationality township, Town People's government or the people's government at the county level and the relevant competent departments, the relevant government organs shall be responsible for the investigation and verification, shall be released."Accordingly, the villagers in their own right can not be protected, but to the relevant government authorities for help, the relevant government organs shall accept the application and processing, in order to achieve the protection of the right to know.

632,Ask:The countryside is a piece of land with several households, one household did not obtain several other families agree, to build houses on the land, the ownership of houses will be? If encountered in the demolition, the demolition to who?

Answer: according to the "property law" article152The provisions of the homestead right of use, a person shall have the right to possess and use collectively owned land, have the right to use the land for the construction of housing and ancillary facilities. The right to use homestead, exercise and transfer, suitable land management law and the relevant provisions of the state "management law" the PRC Land eighth: Land in rural areas and the outskirts of the city, in addition to the owned by collectives, belongs to peasants' collective ownership; house sites and private plots of land, hilly land, belonging to the collective farmers all.
Article sixty-second: one rural household can own a house, the homestead area shall not exceed the provisions of the province, autonomous region, or municipality directly under the central government standards. Rural villagers to build residential township (town), shall comply with the overall land use planning, and to use the original and the village of vacant houses. The use of land for building houses, by the township (town) people's government audit, approved by the people's government at the county level; wherein, relates to the occupation of agricultural land, go through the formalities for approval in accordance with the provisions of article forty-fourth. Villagers sell, rental housing, and then apply for homestead, shall not be approved.
Therefore, the problem of a piece of land belonging to several families of the theory is not legitimate, homestead belongs to peasants' collective economy all. And China homestead strict"One of a house"The system, therefore, for a piece of land in several families have, should be. Every household should have their right to use a piece of land to the land. A door in the land to build houses, if the users of the building where the land use right area does not exceed the provisions of the province, autonomous region, or municipality directly under the central government standards. According to the "property law", the ownership of this house belongs to all the family. Such as encountered in the demolition, the demolition should belong to the family of all. (Ji Jiabao, Sina micro-blog@Baldeagle-freeman)

633A friend's sister, asked: do cleaning work in Xiamen city last month of a bath25Japanese staff by local police station away, now locked in jail, the police did not give parlance, the family is very anxious, ask: how should do?

Answer: according to your situation, your friend sister may be suspected of illegal activity and detained by public security organs, because the case involved a number more, the public security organs using estimated the longest period of detention30Days, but the public security organs after the detention24Hours need to inform the family members. In practice, because some migrant families is not local, the public security organs are usually based on the census register seat post notice of detention. You can ask the house people have not received the registered letter to the public security organ. As the detainee's family members can be to the public security organ to ask detainees arrested for what, the public security organ shall also inform. There is also a case of not notice or suspected of crimes of endangering national security, terrorist activity crime notification may hinder investigation, can temporarily not to notice. After the investigation situation to disappear, it shall immediately notify the detainee's family. Fang Weichao.

 

634, Q: Hi, I want to consult a legal problem. My father58Years old, my mother died a few years ago, the children of the family is I (female) and my brother. Now my father had a girlfriend and decided to get married. I have a younger brother just graduated from high school to university, I would like to ask, if my father married, that aunt Is it right? Right on our house. This house is a collective house in the countryside, not commercial housing.

A: your father and that Aunt become spouse after marriage, the spouse is entitled to inherit, that is to say the house that aunt on your home after marriage have the right of inheritance. The house whether commercial housing or rural collective ownership of houses belong to personal property, it can be inherited. But the aunt can inherit only belongs to your father belongs to her inheritance that one. (@Strange footLaw)
　　

635,Q: ! I want to consult, to seek legal help!
I am in Beijing, in a rented house was hit in bed, now the right foot toe fracture. Bed falls because the landlord to provide bed, bed frame than wide, no fixed bed. Quality problems in the bed is proposed to the landlord, but live for half a year have not been solved. Also because of the bed and other repair problem, both sides has the dispute, shortly before the agreement (signed the supplemental agreement), I according to the supplementary agreement at6Month18Recently. I have two questions to advice now:
1And the landlord, if no settlement is the issue of compensation, take the court way, evidence Is it right? Shortage?
The foot was at the time of the first thought is to go to the hospital, did not think the photos as evidence. The landlord in solving our requirements under the bed, the bed frame removed, now in the bed plate. We can reconstruct smashed bed look, but no direct evidence that the toes are falling into bed.
2If can't solve, foot fracture problems, we should not be in18Before the move? If they did not move, not the US for breach of contract? 

Answer:1The evidence is not sufficient, slightly. If you can prove that the bed there are quality problems, also can prove you inform the landlord to repair, but you will be very difficult to prove a causal relationship between quality problems occur the damage results with bed.
2You, the supplementary agreement signed with the landlord is the true meaning of the parties, the content does not violate the mandatory provisions of the law, the agreement is valid, legally valid contract is binding on both parties, so you shall be in accordance with the contract, in the6Month18Recently. If the expiry not move out, first the landlord can sign the contract fees other corresponding rent and agreed in the contract, and shall have the right to require you to move away from the housing deadline. (Zhang Guoping, Sina micro-blog@Stupid terminator)

636, Q: I use my ID card or relevant proof to help a friend for the telecom campus network a contract from the machine2011Year September2013Years9Month, like friends don't use this year, had not to pay, so natural to stop, but in June this year, received a notice of telecommunications, said that if no fee to sue me, even in the bank gave me bad information record, according to the Telecommunications Regulations35I want to make friends, make up the money to be all right, he did Is it right? Too much, and attach the notice of the picture, hope to help the FAQ
Answer:1Although the contract, is your friend in use, but is using your identity information registration, then in the telecom company's point of view, in fact the contract machine head is your own, if the contract machine of arrears, telecommunications companies will find you.
2When buying a contract, the contract is with your telecommunications company signed the contract, after the signing of the contract on behalf of you to accept the contract, then to perform the contract obligations, now you mobile phone fee, is equivalent to your default, so the telecom company to send you the payment notice is true.
3You can make your money, your friend, if your friend is not willing to pay, you can go to, and then ask your friend to you, because your friends is the actual use of people.
4, tips, in daily life, it is best not to use their own identity card to others to do similar business, otherwise the consequences will be grievous. (Ningbo-Lawyer Chen Xiang, sina micro-blog:@Major caseCASE-Chen Xiang lawyers)

 

637Q:, a heartbroken mother for help! Request big lawyer help and guidance, I am two years old and ten months of age in AI Yi kindergarten from two years five months was the teacher mental abuse cold violence for five months! For details see my hair in the screenshot, beg support help!! My contact13601001245

Answer:1According to your situation, reaction, answer to consider the school teacher's behavior is not a crime evaluation criteria, but the teacher act clearly constitute infringement.

2, we suggest you bring a civil lawsuit to the kindergarten, bear the liability for infringement of rights or the responsibility of breach of contract, in order to safeguard the legitimate rights and interests of the child. (peace, Sina@Life is doomed to false true true)

 

638Ask: Hello!I check in online a lot about selling fake sentencing information are not clear enough, want to ask you. Could you tell me.

Answer: for sentencing, the provincial high people's courts have relevant guidance, if want to clear, consultation with local criminal defense attorney or relevant personnel. Here, cannot make accurate interpretation! (Sina@Major case-Luo Qiang.

 

639Ask: Hello, lawyer, my brother at the end of last year the highway was hit by a car into the injured accident my brother secondary responsibility, asked witnesses the car speeding, no braking trace, move your vehicle without a mark, we write to sign the accident have objection. Forty-five days in hospital personnel woke up intelligence serious defect. The fear of medical cost too much and that compensation is too high will we give up the treatment recommendations euthanasia we were refused to, with no money to pay to coerce, after consulting a doctor and the consultation we present conditions by contact each other court investigators agree to discharge do disability identification, or judgment according to the appraisal result must be a one-time payment of compensation. Each other just beginning not agree, second days to meet agreed and open court investigators confirmed my phone call. Discharge to the court for disability identification proxy technology can not agree that must be half a year later, I said the document clearly stipulated both agreed should be able to do technical chief said not received the relevant documents do not allow mediation. Find the call handling the president explained that he did not know of things, the perpetrators have refused to appear, that they had been deceived us requirements continue to hospitalization also does not agree, so we went to court to fruitless negotiations, relations deteriorated everywhere promise and then deny in succession, brother and seventy-five year old father before living in straitened circumstances, I brought him home please take care of two people, half a year just to finish home a few days later identified end of wounds have not been sustained reasonable treatment and death. The court if we appeal to contact the town government Secretary court neighborhood streets to consult with us together to a proper solution as soon as possible, because the traffic accident death and identity, to take care of the family economic conditions decide not to do the forensic identification. We asked the traffic police in traffic accident crime case to many disagree, reason no forensic book of the dead, but the justice we have to negotiate mutual prevarication, the phone said you though to accuse him very busy after the contact, we believe that this is the indirect intentional homicide, have no relief channel excuse me, what should we do?Thank you.

Answer:1For you, the pain of losing a loved one, we may the dead rest, then hope that his loved ones soon relief from pain.

2For you have said, the indirect intentional homicide, this answer is not recognized and support your opinion. But the perpetrators may be suspected of crime of causing traffic casualties, because of the lack of information resources, temporarily unable to reply.

3Your brother's family, to give some relief, given advice on civil compensation according to relevant laws require the perpetrators. If you cannot negotiate, suggest sued to the court, filed a civil lawsuit in accordance with law. (Sina@Major case-Luo Qiang.

 

Supplement: then ask a question if the people do not colluding with the court investigators cheat my brother was forced him without treatment will not die so quickly, so they should belong to the nature of what? My brother's death should assume what responsibility? Thank you very much.

Answer:1If there is evidence, investigators have illegal behavior, then the investigators will be subject to relevant laws, provided there is indeed accurate evidence; if not, it can only be said to the officer of the court case level co..

2Death by accident, your brother, bear, it doesn't matter with others. (Sina@Major case-Luo Qiang.

 

640, q:Hello,I would like to consult.The company's field office clerk,Their minimum wage according to company standards or office where the foreign wage?

Answer:1Liaison Office, no employer subject qualification,Labor contract is signed with the company,In accordance with the labor contract law regulations for the implementation of the provisions of article fourteenth,The performance of the contract and registration of the employer does not agree,According to the relevant provisions of the contract;Higher performance standard unit of choose and employ persons registered,And both sides agreed by registration standard execution,From its agreement.
2In foreign affairs, business registration,The qualification,The labor contract is signed with the Foreign Office,According to the standards liaison office. Mobile phone typing too strenuous. Personal point of view,For reference only.(Labor inspector Hong Yi,Sina micro-blog@The earliest80After the)

 

641, Q: I would like to ask, I have relatives, before he and his colleagues to drink, he later told one of them began to bicker, then the direct knife CE my relatives, he fought back, the final decision to hurt the abdomen, lower the amount of the hand, and so many have scars, the after the rescue, now almost recovered!Now think of consultative way to get the civil compensation, so I would like to ask how much money should be advocated to him??

Answer:1, read your description, I think your relatives to the specialized agencies to do the judicial identification of a personal injury, because the mayhem if it leads to your relatives more than minor injuries (including minor injuries, serious injuries, death) constitute the criminal law article234Stipulated the crime of intentional injury. And if only slight injury case only civil infringement, not as a crime, but still can ask the civil tort compensation.
2Still, if constitute the crime of intentional injury, your relatives may apply to the public security organs, the criminal responsibility of people, also asked the civil compensation, the two are not contradictory.
3", according to the interpretation of personal injury compensation" seventeenth victim suffers from a personal injury, medical treatment due to the cost of expenditure and revenue due to loss of working time, including medical expenses, lost income, nursing fees, transportation fees, accommodation fees, hospitalization fee food subsidies, necessary, the obligation of reparation should be compensation. According to the "tort liability law" article20The infringement of personal rights, property damage, four to determine the amount of compensation to the victim, compensation for losses. The losses are difficult to determine, to the interests of the infringer received compensation. Interest is difficult to determine the negotiation. No consensus decision by the court ruling. You can according to these confirm that the amount of compensation. (Zhu Chener, Sina micro-blog@I'm not Steamed buns are Hanamaki)
 
642Q: I have a friend,Married when the loan to buy Suites,Later divorced,When divorce signed the divorce agreement the house to the man,But due to the lack of timely transfer,After the breach of contract,Not timely owing on the loan is the bank sued to the court,The woman was also listed as the defendant,Do I need to do to make the bank not to prosecute the woman,If there is no way to,The next step should be how to do, (The man has no repayment ability)

Answer: marital debt of both husband and wife common debts, both internal divorce agreement can not be against the third banks, banks can sue the couple, both parties shall bear joint and several liability, a party can be in accordance with the contract to the other party to recover. I don't understand is, since no transfer property, the bank told her why be afraid? The value of the house should be higher than the value of the debt? Big deal to sell the house to cover the debt. Of course, under special circumstances, if the value of the house really can not cover the debt, that only by the ability to repay their pay, and then to the other party to recover. (Sina@Samut study law)

643Q: a neighbor grandpa80Year-old children, whose wife died, want to make a bequest, the granddaughter can serve as a support person? Why?

Answer:1According to the "marriage law," article twenty-eight: have the ability to grandparents, grandparents, if their parents are dead or unable to care for grandchildren who are minors, grandchildren, have the duty to bring up and. Have the ability to grandchildren or maternal grandchildren, children for the children are dead or unable to support their grandparents, grandparents, it shall have the duty to support. Visible, the granddaughter of the old person if the burden ability is not only can, but to be the dependent elderly.

2The old man, and his granddaughter can sign a legacy support agreement, and have the legal effect. According to the "law of succession" provisions: obligations attached to testamentary succession or legacy, the successor or legatee shall perform the obligations. The obligations without proper reasons, request by the relevant units or individuals, the people's court to cancel his right to inheritance. (Sina@Major case-Luo Qiang.

 

644, ask: bother you, I ask you: I bought a set of house, there was no transfer of ownership, because now the house to be developed, I want to transfer, but the original owners want to have a house, does he get?

Answer:1Immovable property registration, the system of change of real right, must be approved by the registration takes legal effect, that is to say you bought this house, but you didn't handle the transfer, in law, the ownership of the house or the original registered owners;
2Requirements, you can sell to you people to help you change the registration of property rights, if they do not give assistance, you can sue to the court, asked to perform its obligations;
3If the other party to the house, no transfer by asking you to return home, you may return the housing price to its claims, and to compensate you for the losses according to the housing price;
4The other, want a house demand is not reasonable, you can refuse; (Ningbo-Lawyer Chen Xiang, sina micro-blog:@Major caseCASE-Chen Xiang lawyers)

645, ask: Hello, I have a legal problem in need of help.
I this year41Years old, male,2012Years3Month20Day, marry Yan Hong registration. Before getting married, met for about ten years, in this ten years didn't what contact. After marriage, I took one hundred thousand cash, her aunt (Jiang Shuyan two) out of one hundred thousand, a car. During the period, Yan Hong back to me1Million4Thousands of credit card. Now, the car Yan red do not let me see, one can not give me, in the car, my credit card a total of three8Million yuan, is Yan red sleeve. From the marriage to the year6At the end of the month, we would have no life of husband and wife, she wouldn't let me touch her. I was outside, now, I find her for money. She said there is no money, I only have one life to spare, is put on the. I want to ask, I can tell her to cheat or fraud, I took out of the18Universal back? On these, thank you

Answer:1Tell her, you cheat or fraud, it is difficult to be in recognition.

2If the two of you, feelings that have been broken, suggested that the two sides for the divorce, debts shall be divided, there is evidence that the other party has fault, may claim compensation for damage.

3Suggest that you, as soon as the overdraft8Wan also, lest fall a credit card fraud in his head. (Law Students Peace Sina@Life is doomed to false true true)

 

646Q: I2012Years10Month15Date of entry of a state-owned units so far, has not signed a written labor contract. Two days before the units in the𠆤Bottom out, I unfortunately at the end, unit according to dismiss me, and what the compensation is not. Many consultations to no avail, ready to initiate arbitration. The existing several𠆤Doubt, we are looking forward to your reply, thank you! 

1Doing so is illegal, unit?  2, such as arbitration, whether paid double time from last year11Month15This time the date of double wages 3?So long, my salary each month only what the total, and the probation period3Monthly wages to be3A total of month, probation salary after probation period and obvious and not the same, then I economy compensation,2How to calculate the times compensation 4?The trial period, the unit said positive I filled out the application, they sent me the confirmation notice as labor contract, say so5The provisions of the state, employers to give workers must pay what is mandatory insurance?Employers say give me health, but the health insurance card has not into my hand. Other risks?My employer is no clear evidence that they have performed the payment procedures, but because the social security agencies are handling the cause has not for other insurance case, whether can request the arbitration forced back last year10Month15All insurance date 6?They fired me, on the basis of a working paper enterprises that cannot adjust positions or the transfer or training still unqualified case dismissed, but I is unable to transfer Gang case, can I offer an application for arbitration, the document is invalid, or by the arbitration court ruling that the document is illegal, or in this one request convicted of illegal?This procedure is a labor dispute cases?On the other, the contents of this document are expanded interpretation of wanton?Whether it is illegal?
Answer:1If a contract agreement, the elimination or units regulations the bottom out, then the elimination is not illegal. On the other hand, is illegal.
2, work for a month on the first day of the post.
3After a trial period, the wage calculation. If it is to hit card to go to the bank to your bank card record. If it is a cash payment, the evidence you cited, it cannot do so, the arbitration tribunal may by other colleagues the same post wage calculation.
4Confirmation notice, not labor contract. Labor contract should have the working content, working hours, wages etc.. Notice without these contents, so it is not a labor contract.
5Social security agencies, can go to check the payment records. If not, may require paid insurance, but from the trial period.
6This document is invalid, not. If it is because work is not up to standard, do after the transfer or training is still not qualified, then units can be thirty days in advance written notice or pay extra for a monthly remuneration may terminate the contract, but still have to pay economic compensation, see the specific amount of labor contract law article forty-seventh.
7Although not required, this document is invalid, but you can ask the unit name enough evidence to prove that you are not qualified. If the unit cannot adduce evidence by the document, is not proof that you are not qualified.
8You say, the wanton expansion of interpretation, illegal situation does not exist. (Jing Hao, Sina micro-blog@King Mu Siyu)

647Ask: I am2000Years married, now ready to divorce, but the Bureau of civil affairs where there is no our wedding information, now the court is not accepted, two of the marriage certificate in my wife that, she didn't take it out, our marriage certificate is still valid? How to deal with it,

Answer: A, your marriage certificate is the civil affairs authorities according to law measures, should be considered valid.

What is two, the court not file a reason? If you disagree can apply for the prosecution requested the court case.

Three, if it is for your wife refused to come up with a marriage certificate, can refer to the relevant departments or organizations issued a certificate of marriage. (Law Students Peace Sina@Life is doomed to false true true)

 

648, q:Major: legal problems to the consultation is on property inheritance. Twenty years ago, my grandfather unit housing distribution, the grandpa's seniority and father 20000 bought a two bedroom house, wrote the name of the grandfather. When we buy house said to my house. The house is now worth. Two aunts and average house. But they were a No. Now we more than 20000. Such a division is reasonable, what should we do

Answer:1This is reasonable, the house to write your grandpa's name, and is the first unit housing distribution of income, that is to say, the house is your grandpa ownership.

2Your aunt as heir, have the right of inheritance, has the right to share the house.

3Your father had invested, as debt to your grandpa claims, before returning to investment and possible return, generally speaking, is the bank interest income.

Second, if the original contributive evidence, can claim are common, so your father can enjoy corresponding share capital.

 

649, ask: Hello, I work in a business unit, the unit did not buy endowment insurance, retirement pension if in the unit, but now I'm ready to move on, expressed in units of belonging to a waiver of institutions, not back before the work life insurance, whether this kind of behavior is illegal? Can suit? Thank you

Answer: generally the institution staff do not need to pay old-age insurance. If the turnover unit can not fill, like the one in Beijing will have to retire as payment, can be considered, in retirement.

 

650Ask: have a good friend, women, he wants to divorce her husband The proposed, girls can put forward claim alimony child 'no', this claim??

Answer: first of all, alimony refers to the younger generation for elders to support you, so that should be the alimony.

Secondly, for alimony payment, legal provisions of China's divorce is difficult to help system, refers to a specific difficult one for temporary help give dependency based on previous after the divorce.

Finally, alimony payments difficulties, and your information is not mentioned, so you can't claim for alimony. Sina (micro-blog@Major Liu Xiaoqiang)

 

651Ask for help, the traffic accident: professional lawyer help, my mother in the4Month18On the evening of eight minutes to walk on the way home, in my small garden next to the fork in the road was hit by a pickup truck. Sent to the hospital, doctors diagnosed as severe brain damage and other symptoms, can not breathe, can not move operation, save very little chance, that night into the intensive care unit, to4Month21Late death. When our family was not on the scene, are well intentioned people call120And alarm. The scene of the accident without a camera, the perpetrators hit and lost the car running, too20Minutes a man who rushed to the scene to replace him guilty, and he on the run4An hour later, in the evening12O'clock to surrender. And the car accident is not his own, he borrowed a friend's car.6Month7Day accident out: full responsibility for each other. Police say cannot be set for the hit and run, not escape, the other will not reduce the sentence? Compensation of corresponding shall be borne by the insurance company for the most part, so that the perpetrators can reduce crime, but also less money! The aggrieved party not too wronged?

The accident has other bad attitude, not actively seek my victim understanding, not sincere. The other side has repeatedly stressed only according to the provisions of the state policy within the scope of compensation. But also we signed memorandum of understanding consent, the other claims himself penniless, property in the name of his father, if he is convicted, his father on the matter, because he has an adult, his father can tube and also whether this thing. What should I do with this?

Mediation if I want to in the policy beyond the scope and added to his extra compensation, and not reduce his sentence, how to do? 

If it is linked with the top of the bag together to investigate, how to do?

If he even policy within the scope of the compensation is not lost, sue him in court, sentenced solid bodies punishment if Is it right? For up to one or two years? The rest of the compensation execution is very difficult?

Urge the relevant lawyers reply, best can explain in detail, I hereby!

Answer:1The problem of criminal responsibility. According to your statement, the other hit and abandoned the car and fled the scene, then have an outsider to the scene,4Hours after the talent. This situation obviously conforms to "run away" after the traffic accident to escape the legal situation, should be regarded as the traffic accident, should be in three to seven years in prison in a range of punishment. After the surrender of the plot to surrender, be given a lighter or mitigated punishment, which may also sentenced to less than three years. But if there is evidence that the perpetrators escape behavior caused by the victim rescue hope without timely rescue of death, the death caused by escape, can be sentenced to seven years in.

    2The problem, understanding. You as a victim of your relatives, the understanding degree to the defendant is highly correlated with the severity of criminal punishment. If you have signed the book understanding, and the defendant have surrendered plot, possibly in the three years following the execution even sentenced to probation. This point, is an important resource for you and the defendant to negotiate compensation issues.

   3The other, the compensation ability. One is if the other side is identified as the escape traffic accident, the vehicle may have commercial insurance company according to the insurance contract be deductible. But strong insurance to pay part of the insurance companies still need to compensate. The two is the other party has grown, its name has no property, if the defendant's family not to pay compensation, after the judgment of the implementation will be difficult, from the view of judicial practice and even difficult to be implemented. Three is the defendant if no driver's license, the owner shall bear the liability of compensation. But afterwards to rap, because of its behavior and the accident without causality, and not to the defendant was liable for compensation have a substantial impact, personally think that the top bags should not bear civil liability for compensation.

   4, strategy choice. If you and your family is more concerned with the defendant's guilt, then according to the defendant's compensation ability, you should do economic loss is not full compensation for mental preparation; if you think to win economic compensation is also important, suggest you grasp the defendant criminal judgment before the time, as much as possible and the defendant negotiations, the defendants and their relatives want from a lenient sentence even sentenced to probation psychological as much as possible to obtain more suitable conditions of compensation.

    5, tort compensation negotiation game involves not only a legal question, also need more abundant practical experience, suggest you to hire professional lawyers to obtain a more ideal rights results. Sina (micro-blog@Colors fade)

 

652Ask: Hello, teacher. I want to consult with one thing: employees from sexual harassment boss, because of physical harassment is encountered in alone, there is no evidence. But retain messages like harassment record. If I want to go judicial way words, to prepare what information? What is the probability of success?

Answer: sexual harassment relates to human dignity, peace right, right of body such as abuse, can be implemented through the body, can also be implemented via SMS harassment etc.. Employees receive sexual harassment boss the body aspect, because of the lack of relevant evidence, in general it is difficult to make adults, but according to the principle of admission in civil evidence, such as recognition of the boss in the lawsuit with physical harassment statement of the staff, can identify the infringement.

    Short message harassment boss can also bring a separate lawsuit. Pay attention to the collection of evidence: one is charged with sexual content of mobile phone short message language;The two message is content with sexual harassment properties must be issued by the defendant and the victim out. If the collected evidence that can meet the above conditions, the probability of winning the entity should be relatively large. But the need to remind you is, we don't understand your words SMS harassment specific content, frequency, also do not know your specific expectations on the outcome of the lawsuit, therefore the possibility can not be ruled out other litigation result you expect out of. Sina (micro-blog@Colors fade)

 

653Ask: Hello. Some people through the registration micro-blog form, to the many friends I concern, including the reality of friends colleagues, sending insulting defamatory information, and use my photos as micro-blog head. I know who to have relevant evidence, retained, and she admitted that her hair. In this case, how can I sue her through legal channels? She's in Shanghai, I was in Guangzhou, I asked the Guangzhou lawyer, sued her in Guangzhou? Or to Shanghai to prosecute her? Thank you.

Answer: according to your advice provided, each other through the registration micro-blog form users, friends, colleagues send insults calumniatory properties information if the object insult, slander you, may violate the right of reputation you insult, libel; if the object is another person or thing, then the other party to steal your photo ID identification of bad information may also be a violation of your identity and reputation. In this connection, first of all you can to micro-blog operating companies negotiate requests to stop each other using micro-blog continuing infringement and retain the relevant evidence, at the same time to tort (including each other the infringement occurred and the result of tort occurred, namely Shanghai, Guangzhou two places can be) or of the place where the people's court proceedings, request the other party to stop violation, apology, compensation for losses. Sina (micro-blog@Colors fade)

 

654, q:I would like to ask: a relative is the original Guiyang wire factory workers,1986Years in the factory built a cottage, not for the relevant proof of ownership, after the electric wire factory to close to a private enterprise. So far this room without objection. Now the housing demolition, does this room for? Legal basis?

Answer: according to your information, answer as follows:

1, according to the circumstances. Nor is that all unlicensed possession20Years, belong to the individual. You have to come up with some powerful evidence to confirm that the more you over20Years.

2The land property rights, transfer to another unit in your unit, should be to the buildings on the land be sold. If you want to get the compensation must prove that you built, but what you built the house is on the land of others, you can prove this, also can only show you the building on the ground have ownership instead of land use rights. So, you want to get the compensation is only part of the residual value of house. But the premise is that you have built and after the unit agreement.

With the proposed negotiation!

Represent only individual opinions, with exemptions on Sina (micro-blog law@Major case-Wang Zhen.

 

655Ask: Hello, last year, my mother bought insurance. Sales staff cheat she said interest rates than bank interest is high, is the highest in third years. Today she took out a policy for me to look after her, find insurance41Years to come up with, and to pay for ten years one hundred thousand yuan, she has more than 70. If she want to tell the sales staff have hope? There had been no recording.

Answer: according to the information you provide, we answer the following:

1According to the provisions, the insurance industry, after the purchase of insurance products in your10Days, as the period of hesitation! This is the10Days, you can choose to surrender, the insurance company will not accept any fee you. But more than10Future that between you and the insurance contract in force, at this time you want to surrender, you will suffer a great loss. If you want to refund can go to the insurance company or in accordance with the original agreement between you agreed to surrender part performance can be. But I know at this time to surrender to you should have a loss, the loss depends on what kind of products you buy. Specific agreement have agreed on the policy with.

2If you cheated on the grounds, surrender or litigation words to the parents, now your odds, loss or your own!

Because, the time is long, the evidence is not, this is difficult. (@Major case-Wang Zhen.

 

656, q:I10000Yuan from Zhang handed a store, the rent1000Element/Month, Zhang promised to let me try business for three months, if the business is not good after three months he redeemed, because at that time there was no contract is oral agreement only so not by the landlord to confirm. Now to raise the rent to the landlord2000I'm going to do a full three months later will store back to Zhang, but he would not redeemed, then10000Block transfer fee through the bank transfer, can I sue Zhang by default? Please help me, thank you!

Answer: according to your statement, you can sue Zhang default, but since you claim Zhang default, so you need to bear the burden of proof, which you need to bear the Zhang agreed with you after the trial operation three months will redeem agreed that, if you cannot provide evidence, you will bear the burden of the consequences of not, is you claims will not get the support of the court, so I suggest you collect relevant evidence to the court.

For your relationship with the landlord, because Zhang is the original lessee, you are sub tenant relationship with Zhang, so relative to the landlord and tenant you not directly, according to the relevant provisions of the "contract law", the house still apply the landlord and Zhang of the lease contract, you can according to Zhang and the landlord of the rental contracts have a look the landlord to increase the rent behavior whether default. (Zhang Shulei, Sina micro-blog@Major case-Zhang Shulei.

 

657, q:A good lawyer, a tertiary health company, is suspected of MLM, although the company has registered but nature and pyramid selling almost, I have a good friend who is addicted to it was brainwashed? I checked on the Internet, the difference between marketing and the direct is direct cannot cross regional, the three companies in Ningbo, the only in the direct sales to Ningbo, Wenzhou to run crazy very radical. Please answer these laws and regulations are?

Answer: according to the information you provide, we briefly answer is as follows:

There are many MLM organizations in society at present, but the domestic marketing organization and marketing are basically have a few difference:

One difference: whether to sell products for the foundation of the enterprise operation. Direct sales of products as a source of income. And illegal pyramid selling is to pull the head of profit or by selling fake or zhicijiagao pull people disguised profit-making product.

The difference between the two: there is no high entry fee. Direct selling enterprises salesman without paying any high entry fee, and will not be forced to purchase goods. While in the pyramid scheme, participants through pay high entry fee or is required to buy a certain amount of product to disguise the pay high entry fee as the conditions for participation, encourage use unscrupulous divisive tactics to pull a person to join in order to make a profit. The company's profits but also to the entry fee, is actually a disguised form of financing behavior.

The difference between the three: set up shop management. Direct selling enterprises to set up open shelf or counter stores, sales personnel have a direct contract with the company, its business activities of the direct acceptance of the norms and management. And the operators of illegal pyramid selling through the development of staff, network of organizations engaged in non store or "underground" activities. Chinese experienced1998Annual comprehensive rectification pyramid pyramid schemes, many enterprises have foreign direct transformation. Since then, the "shop employed salesman" model has become a major enterprise standard direct sales model. This special marketing mode of operation, let the salesman belong to the store, so that not only direct relationship with the company, but also easy to manage.

The difference between the four: if the rewards of distribution according to work. Direct selling enterprises to provide pragmatic revenue opportunities are willing to work hard, not an overnight. Each salesman only according to their personal sales returns, the company from operating funds set aside in the company, unified tax after the direct payment to the designated account, line relations, does not exist. And illegal pyramid schemes with high returns as bait to attract staff engaged in a disguised pyramid selling activities, participants on-line extraction of remuneration from the offline membership fee or so-called performance.

The difference between the five: whether there exit, return guarantee. Direct marketing companies may be based on individual freedom of choice will continue to operate or withdraw from the enterprise, to provide customers with improved return protection. Illegal pyramid schemes are usually agreed upon can not be forced to return or return conditions are very harsh, consumers have purchased the products to return.

Countries in order to combat such crime increased provisions relevant criminal law: organization, leading to the sales of goods, services and other business activities as, participants are required to pay fees or purchase goods, services such as access to join the qualification, and according to the order of composition level, the number of directly or indirectly to the development of personnel as payment or return basis, lure stress, participants continue to develop other people, cheat, disrupt social and economic order of the pyramid selling activities, is less than five years imprisonment or criminal detention, and shall also be fined; if the circumstances are serious, department for more than five years in prison, fined.

Therefore, marketing is not the actual commodity exchange or commodity price sell high, purely to pull the head to charge high fees to obtain huge profits.

You can according to the judge, if in accordance with the conditions, please report to the local business sector. Sina (micro-blog@Major case-Wang Zhen.

 

658Ask: Hello! I am in Zhejiang Quzhou a public hospitalSchool work, in the series, work quickly4Years, because the family to resign, the hospital not to put, can only leave, individuals want to quit, want to know how to go legal approach, is how the provisions, submit the resignation a month soon! Looking forward to your reply, thank you!

Answer: for your information, I briefly answer is as follows:

You said the turnover and the resignation of the distinction lies in the

1, do not consider the legal problems, little difference.

2In the law, there is a difference between. resigned both conforms to the laws and regulations and the requirements of the contract, between the interests of both sides. turnover may be unilateral, perhaps is that both sides have not completed the handover of the work task, refers to employees to leave their jobs, after the problem is not subject to the law.

Of course, the staff did not make major mistakes, the contract period, company first proposed the dismissal of employees, need to pay economic compensation in accordance with the relevant provisions. People offered to resign or automatic turnover, there is no economic compensation.

In view of this situation to you, if your future better than here, turnover and resignation not much difference, the specific situation to you depends.

And then give you a list of labor law related:

1, by mutual agreement, may at any time for the termination of labor relations procedures;

2There was a breach of the labor contract law, "employer"38The situation, you can leave immediately after the resignation, the employer does not apply for leave procedures, not for your resignation certificate issued by, you can apply for labor arbitration;

　3, the employer has not illegal, but you in advance30Day the written application for leave, to30The employer is not for you to apply for leave procedures days, if not for your resignation certificate issued by, you can also apply for labor arbitration;

　4, no advance30Days to resign, the employer has no illegal situation exists, submit the resignation letter will leave directly, this time you are illegal, the direct economic loss, caused to the employer to hire you produce cost, you have to bear. The payment application unit after the loss, may require the employer for you to apply for leave procedures, with employers do not, you can apply for labor arbitration! 　

Article thirty-eighth the employer in any of the following circumstances, the worker may discharge the labor contract:

(a) fails to provide labor protection or working conditions stipulated in the labor contract;

(two) fails to make full payment for labor;

(three) fails to pay social insurance premiums for the worker;

(four) the provisions of the regulations of the employing unit violates laws, regulations, damage the interests of the;

(five) as specified in the first paragraph of the twenty-sixth article of this Law in the case of the labor contract is invalid;

(six) other circumstances under which the employee may rescind the labor contract in accordance with the provisions of laws, administrative rules and regulations. The employer forced labor by violence, threat or illegal restriction of personal freedom means, or the employer illegal command, or force adventure homework endanger the personal safety of workers, the worker may discharge the labor contract immediately, without prior notice to the employer. 　　

Article forty-sixth in any of the following circumstances, the employer shall pay the economic compensation to the laborer:

(a) the worker in accordance with the law the thirty-eighth regulation and terminate the labor contract;

(two) the employer in accordance with the provisions of this law the thirty-sixth regulation to the laborer proposes to terminate the labor contract and dissolution of the labor contract in accordance with the labor agreement;

(three) the employer in accordance with this law, the provisions of article fortieth termination of labor contract;

(four) the employer discharges the labor contract in accordance with this law, the provisions of the first paragraph of the forty-first;

(five) in addition to the employer to maintain or improve the conditions agreed to renew the labor contract labor contract, laborer does not agree to renew the situation, a fixed term labor contract is terminated in accordance with the forty-fourth paragraph;

(six) to terminate the labor contract in accordance with the provisions of this Law forty-fourth article fourth, fifth paragraph;

(seven) other circumstances stipulated by the laws, administrative rules and regulations. 　

Economic compensation by the forty-seventh article of workers working in this unit of length, each for one year to pay one month's wages paid to workers. 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. Eighty-seventh where an employing unit violates the provisions of this law, rescission or termination of the labor contract, two times the standard economic compensation shall be in accordance with the provisions of this Law in article forty-seventh of the payment of compensation to the workers. Sina (micro-blog@Major case-Wang Zhen.

 

659Ask: Hello, Mr. xu. One of my friend's sister6Month9In Shenzhen, a fulcrum for postal savings bankATMRemote peer transfer machine10000Yuan (two cards are in Lingshan County, Qinzhou City, Guangxi opened the card), is now three days have passed, but the other side has not received the remittance, because at that time in theATMMachine operation, no tickets. Today my friend's sister to transfer fulcrum enquiry detail records, was refused to each other not to query (I, identity cards, debit Ka Qiquan). What should I do now, in order to retrieve1Million, and I take my ID card can query their account details, the next step Is it right? To Shenzhen head office to the query, or go to the bank where the query, and the other account number and name are all right, there is no wrong account problem, and they have opened the message notification function, this will be the system problem. In short, now please Xu teacher to give suggestions, how should do. Online, very urgent, thank you!

Answer:1If your friend, sister of opening bank card online banking, you can use the online query transfer records, find your sister what the money will be transferred to the account to which. So do not through bank inquiry, convenient and quick.

2If your friend, sister didn't open the net silver, then your friend sister I carry identity card, bank card to the local postal savings bank business outlets for his record of the transaction, if the bank refuses to query, you can call95580Postal savings bank customer service telephone complaints.

3If the query that you friend, sister the money really is the Department of the wrong, then you can contact each other through the bank settlement.

4If they do not match, the refund, according to the relevant provisions of the law, your friend sister can sue each other, ask for unjust enrichment based on the payment, and the payment of interest.

5If the query that paragraph,, no exchange wrong, but because the bank did not cause to the account, you can require the bank to explain the reasons, and the return of the money. (Ningbo-Lawyer Chen Xiang, sina micro-blog:@Major caseCASE-Chen Xiang lawyers)

 

660Ask: Hello, I, by a few days ago58City met online a transfer of second-hand mobile phone. When he told me is millet2s. Because58The city cannot be distributed transactions, private phone SMS contact, we agreed to his courier to me, I checked the no problem to pay Bao Fuqian to give him. At that time I check not carefully, only to find the money to him is a copycat high copy machine. When I contacted him request refunds his mobile phone shutdown,QQDelete. All the chat log in, including his name phone address (express a single address) he was in Changzhou, I am in Hangzhou, may I ask how can I do?

Answer:1, to analyze from the perspective of contract law, you reach a contract with each other, the subject matter of the contract is a second-hand millet2SMobile phone, the result is the other mail to you is a high imitation copycat version of mobile phone, that is to say, the other to sell you a fake mobile phone, then according to the relevant provisions of the contract law, their behavior constitutes a breach of contract, you can trade based on the contract, shall be investigated for their responsibility for breach of contract, the private relief;

2From the perspective of criminal law, to analysis the subjective, you want to buy a millet2SMobile phone, but objectively each other to sell it to you is a high imitation copycat version of the mobile phone makes you think that you bought is really mobile phone, then you pay the price is found to be false, and the other side and the emergence of mobile phone shutdown,QQDelete behavior, then the other may be suspected of fraud, he may cheat you are not a person, then you can put your chat records and fake mobile phone to the police station, relief of the public to the purpose of safeguarding.

3No matter what, of course, take the way adults, you must consider your costs, so how to choose, depends on your own. (Ningbo-Lawyer Chen Xiang, Sina micro-blog@Major caseCASE-Chen Xiang lawyers)

 

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