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 601st to 630th legal consultation

 

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

 

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:

 

601Ask: Hello, excuse meAOweB200Million, to escape the debt to sell the property to his son onlyC,CNot actually paid 1629, andCThe house will be sold to the goodD,DAnd sold to maliciousE,EAnd then sold to a maliciousF. Excuse meBTo exercise the right of revocation? How can you effect,FCan achieve the house?

Answer: according to your description, combined with our existing legal answers as follows.

1.DThe bona fide acquisition of the real estate,BNot the right of revocation,E, F, CAnd others have only their claim of creditor's rights.

2According to the "Regulations on the bona fide acquisition of property law", the three elements of bona fide acquisition are, in good faith, reasonable price, publicity of chattel delivery of immovable property registration. In addition to our real property transfer registration requirements, according to your description, every transfer are registered, butDOther than the per capita is malicious, so based on the bona fide acquisition, onlyDTaking ownership of the property, becauseDIs well intentioned ignorance,BThe right of revocation is not confrontation goodwill third person, soBNot the right of revocation, other people can claim their rights. Lei Wenxia.

 

602, ask: Hello, I want to ask about the trademark law. If I use a software360.This number as part of the name, will not have violated certain company rights and interests suspicion? Can I be your software is registered as a trademark?

Answer: if you register"360"For their own trademarks should belong to the infringement upon the exclusive right to use a registered trademark. "360"In theITThe field is as everyone knows the trademark. China's "trademark law" the fifty-second stipulation: any of the following acts shall be an infringement of the exclusive right to use a registered trademark:

　　(A)Without the permission of the trademark registrant, identical or similar to the registered trademark of the trademark on the same kind of goods or similar goods with the use of;(five) causing other damage to others of the exclusive right to use a registered trademark. "Trademark law implementing regulations," article fiftieth commits one of the following acts, which belongs to the trademark law article fifty-second (five) of the said trademark infringement behavior:

(a) on the same or similar goods, will and other registration marks of identical or similar trademarks as the name of a commodity or commodity decoration use, to mislead the public;

To sum up, your"360"Is also used in the field of computer, it is easy to mislead the public, that is360The company's products. So would infringe360The company's registered trademark. (Zhiqiu guest, Sina micro-blog@Major Zhiqiu guest)

 

603, ask: Hello, I want to ask about the detention (TRAP) aspects of the program, if the public security organ detention (CATCH) a person, will notify the family? If the notice, issued a deadline? How long is the most long time detention? Hope to answer, thank you

Answer:1Procedure: ", according to the criminal procedure law of the people's Republic of China in eighty-third" the provisions of the first paragraph, when the person detained by public security organs, must produce a warrant.
2According to "the people's Republic of China, the criminal procedure law" eighty-third article second paragraph, detention, shall immediately be detained for custody, not later than twenty-four hours. In addition to not notice or suspected of crimes of endangering national security, terrorist activity crime notification would hinder the investigation of possible situation, should be in detention within twenty-four hours after notification, the detainee's family. After the investigation situation to disappear, it shall immediately notify the detainee's family.
3The detention time, according to the provisions of the criminal procedure law, "" the people's Republic of China eighty-ninth, police detained up to30Day (the public security organs of the detainees, deems it necessary to arrest shall, within three days after the detention, apply to the people's Procuratorate for examination and approval. Under special circumstances, the time limit for submission and approval may be extended by one to four days. For major suspects flee hither and thither, repeatedly committing the crime, gang crime, the time limit for submission and approval may be extended to thirty days). (Ningbo-Lawyer Chen Xiang, Sina micro-blog@Major caseCASE-Chen Xiang lawyers)

604Q: is China Unicom, mobile phone calls to send induced buy, now mobile phone card has no, but continue to plan, do not stop, causing the problem of personal credit how adults?

Answer: you are in arrears, specific can apply for stopping in need according to your determination and Unicom signed agreement. As for the existence of fraud that Unicom mobile phone or mobile phone sales process in your card, and you owe not for downtime issues, suggest you can retain the relevant evidence, to the Local Communication Management Bureau complaints or dial telephone complaints12300Solve. (Du Hongtao, Sina micro-blog@Major case-Du Hongtao.

605Ask: Hello! A company in our near two million of the purchase price, the company also owes the bank etc.20Billion, would we how to recover the money? The company is in a state of insolvency 

Answer:1Immediately, declare their claims to the bankruptcy administrator. If you don't know who is the trustee in bankruptcy, may apply to the court advisory.
2If the mortgage, mortgage, can be directly advocate. But the premise is to pay before you mortgages and property surplus.
3If not, can only be used as mortgage, ordinary creditor's rights, in the company to repay other debts, and other general creditors proportional distribution. True to this step, the possibility of arrears to come back is not.
4, therefore, suggest that you take the reconciliation procedure. If can go reconciliation procedures, more or less to a point. But the other creditors agree.
5In order to protect your rights, the best advice in the future, let others to provide mortgage. (Jing Hao, Sina micro-blog@King Mu Siyu)

606,Ask: Hello, Xiamen Chen water because of the age to the wrong deal with emeritus formalities before burning buses, is the social security retirement system caused by unreasonable. At present I have encountered such a problem. The home of the elderly sixty years old this year, identity card and the account of the registration date of birth1953Years, according to this calculation is full60Years of age. But the records inside the first recruitment registration form date1954Year, year hire units fill in the date of birth, made a mistake, the home of the elderly do not know about the matter. File the registration form and some other fill in the date of birth1953Years, according to a first date is not consistent job registration form for quasi said but the local social security bureau for retirement procedures, in accordance with the1954Born as the standard, not to deal with emeritus formalities, a year before they can apply for retirement formalities. Encounter this kind of circumstance? Recruitment registration form birth date is wrong, the original recruitment unit would not exist, how should do? As far as I know, many of these files are age and age is not the same situation, don't let us wait a year a year, loss of social security pension?

Answer: Determination of the retirement age, social security departments are based on "the Ministry of labor and social security on the curb and correct the violation of the provisions of the state enterprise workers to retire ahead of schedule related issues notice" article2Article2The provisions of paragraph:"To the worker the cognizance of time, implement dweller id and employee files combined approach. When my identity card and record the time of birth is not consistent with the personal files, first recorded birth date. To strengthen the resident identity card and worker archives management, it is strictly prohibited to change the time of birth and fabrication of archives staff."
    Before the introduction of the notice "General Office of Ministry of labor on the approved retirement age workers" in reply that the provisions of the retirement age for:"About enterprise management of retired workers is the date of birth history records as the basis, or in the employee ID, account of this record of the birth date as the basis, we think, before the enable identity card, for retirement procedures, in principle should be based on the date of birth records of the employees of the original files shall prevail; "after the people's Republic of China ID card" and "the implementation of regulations of the people's Republic of China ID card regulations" issued, and enabled the identity card, for retirement procedures, should be based on the employee ID record birth date. The resulting controversy, belonging to the workers due to enjoy social insurance labor dispute occurred."That is to say, the identity card bill was released as a dividing line, prior to the filing shall, after the ID card as quasi.
    The two argument for identification of retirement age is not the same, the former is released, and the Department of Labor issued, the latter released earlier, general office of the Ministry of labour only reply. Therefore, in accordance with the"The new law is better than the old method"The principle, the retirement age for "Ministry of labor and social security on stop and correct the violation of the provisions of the state enterprise workers to retire ahead of schedule notice" related issues, on the archives shall prevail.
   Suggest you to the local people club Bureau complaints, or directly file a labor dispute arbitration. (Du Hongtao, Sina micro-blog@Major case-Du Hongtao.

 

607, q:Hello. I have to consult:I am Fujian Quanzhou Anxi county rural household registration, in accordance with the provisions of policies in accordance with the law to have a second child (a birth certificate and birth certificate), whether to have explicit legal provisions must ligation? And by ligation card can handle children on the account? If not, how can we stand to children on the account?  

Answer: according to the "population and family planning law of the people's Republic of China" twentieth, couples of childbearing age should conscientiously implement contraceptive measures, accept the guidance of family planning technical services. Prevent and reduce unwanted pregnancies. According to the "Fujian provincial population and family planning regulations" article eighteenth, fertile couples, should carry out an effective contraceptive measures according to planning requirements, contraceptive birth control check. The specific measures shall be formulated by the people's Government of the province's population and family planning administrative departments, the provincial people's government for approval before implementation. From the above provisions can only be obtained legal advice civil contraception, rather than imposing ligation.
On the other, the Commission and the public security (police) are independent of administrative departments, the local people's governments at or above the county level public security departments at the same level with the population and family planning administrative departments only each other regularly inform the relevant population and family planning information, the information resources sharing, the Public Security (police) and family planning departments should carry out their duties, the public security (police) to account management can be in accordance with the law.
The query "notice" Quanzhou registered permanent residence, registration of birth, newborn babies should be born within one month after the baby, "medical proof of birth", the infant parents marriage certificate, identity card, residence booklet, to the baby's father or mother's permanent residence the police station to declare the registration of birth. Newborn babies born out of wedlock, be with his father's permanent residence in the court, must provide or confirm the notary public father son relationship that material handling. The submitted documents no ligation.
    Therefore, according to the requirements of the local police station to submit data to the registered permanent residence. (Zhang Guoping, Sina micro-blog@Major case-Stupid terminator)

608,Ask: My grandpa now96Years old, there is a property, in his15Years ago, in the other3Children are reluctant to buy case, he forced her daughter to the house to buy down, house property card is Grandpa's name, but the notary's eldest daughter the gift. Now my grandpa to his house to come back, through legal procedures to be back?

Answer: the real estate certificate is your grandpa's name, which you have not yet put grandpa housing ownership transferred to the eldest daughter. At the same time, Grandpa, you do will house gift notary's eldest daughter, between you and her grandpa was a gift contract, and the contract after the notarization. According to the "contract law" article186The provisions of,"The donor may revoke the gift before the gift property rights transfer. With relief, poverty alleviation, social welfare, moral obligations nature or the donation contract a gift contract which has been notarized, the preceding paragraph shall not apply. Notarized gift not to revoke the contract. That is to say, your grandpa can't claim without any justified circumstances revoke the gift.
At the same time, according to the "contract law" article188The provisions of,"With relief, poverty alleviation, social welfare, moral obligations nature or the donation contract a gift contract which has been notarized, the donator fails to deliver the gift property, the donee may require delivery."The eldest daughter but has the right to require you to pay for housing outside the bus, the procedures for transfer.
At this point, if you can prove that Grandpa older daughter has one of the following three kinds of circumstances, can claim to revoke the gift of this house, that house will come back.
The three situation is: "contract law" article192The provisions of,"The recipient of any of the following circumstances, the donor may revoke the gift: (a) a serious violation of the donator or his close relatives; (two) failing to perform support obligations owed to the donor; (three) fails to perform the obligations stipulated in the contract of gift. The donor's right of revocation, self knows or should know the reasons for cancellation within one year from the date of the."
Note: your grandpa do notarization, there is no report of obligations, which requires the daughter to fulfill certain obligations. If the attached obligations, and the older daughter had not fulfilled, you can invoke the grandpa"(three) not to perform the donation contract obligation"On the grounds that the revocation of the gift. (Cheng chen, Sina micro-blog@IntoRUC)

609,Ask: Hello, I was compelled, ashamed, always dare not alarm, it has been half a year, but every day I feel schizophrenia hurt, I want to call the police now, how effective? I have a chat with him all the records, which is the month he23Number of female friends, the28Is forced to have sex with him, after not I, I later I came and told the girl, the chat record whether the effective evidence, thank you

Answer: according to criminal law article236Rule by violence, coercion or other means to rape women, three to ten years in prison. 
Rape young girls under the age of fourteen, to rape, he shall be given a heavier punishment. 
The rape of women, carnal knowledge of a child, one of the following circumstances, place above ten years imprisonment, life imprisonment or death:
(a) the rape of women, having sexual intercourse with a minor plot bad; 
(two) the rape of women, having sexual intercourse with a minor people; 
(three) the rape of women in public places and public; 
(four) more than two gang rape; 
(five) cause the victim serious injury, death or other serious consequences.
In addition according to the relevant laws of our country on the provisions of time: (a) traces the maximum statutory penalty dissatisfied with five years in prison, after five years; (two) the statutory maximum sentence of five years and less than ten years in prison, after ten years; (three) maximum statutory penalty for more than ten years in prison, after fifteen years; (four) the maximum prescribed punishment is life imprisonment or death, after twenty years.
If that must be prosecuted after twenty years, the matter shall be submitted to the approval of the Supreme People's procuratorate.
The people's Procuratorate, the public security organ, the state security organs for investigation or the people's court has accepted the case, escapes from investigation or trial, no limitation on the period for prosecution.
After the victim brings a charge within the period for prosecution, the people's court, the people's Procuratorate, the public security organ shall file the case and will not put on record, no limitation on the period for prosecution.
The limitation period for prosecution shall be counted from the date of the crime; criminal act is of a continuous or continuing state, calculated from the date of the end of crime. In the period for prosecution and crime within the period for prosecution of the former crime, accessory after the date of the crime.
Aiming at the problems mentioned you in chat, to see the specific content, may be used as evidence. Suggest you to report to the local public security organs, by the public security organ for investigation. If the public security organ is not on file, to the procuratorate supervision of case filing. (law student Lv Bojie)

610,Ask: Hello, recently in an interview in a company, various matters has been good, but the other party to provide employment for approval have been eroded book to me (Offer), and then also urged me to resign as soon as possible and active service company, the telephone andQQBy way of my trust, I shall resign, they informed me backOffer, how can I protect my interests, help.

Answer:1The so-called employer, job seekers sent"Offer", the legal nature of a"The offer", in contract law, an offer can be withdrawn, the situation you describe could be the employing units withdrew on your offer, and as long as the withdrawal notice of an offer to offer to you this one party, the other can not covered by the offeree constraints.
2If the other party, but, in the telephone andQQThe way you leave before urging unit, if you can through the corresponding formal proof of this fact, then the other party may constitute a breach of the pre contract obligations. We think, the violation of the principle of good faith in contract law, you can according to the "contract law" article42Article3To the right, demand it to bear the liability of culpa in contrahendo.

3In particular, can entrust a lawyer to handle your corresponding matters. Sina (micro-blog@Major case-Wang Xiaotang.

611, q: From the angle of administrative law, judicial administrative organs can directly to the legal aid lawyer assigned tasks? Legal aid should be assigned to the lawyer talents or legitimate?

Answer: A lawyer for legal assistance, "lawyer law" article42The provisions:"Lawyers, a law firm shall perform the obligation of legal aid in accordance with state regulations, and provide legal services to meet the standards for the recipient, safeguard the legitimate rights and interests of the person under."
    For the specific mode of operation, according to the "Legal Aid Ordinance" article5The provisions:"Municipalities directly under the central government, the judicial administrative department of a city with districts or the people's government at the county level according to need to confirm the legal aid institutions of the administrative region of. The legal aid institutions responsible for acceptance, examination of legal aid applications, assigned or arrange for the provision of legal aid in accordance with the regulations of the citizens."Article20Also provided legal assistance to the legal aid institutions. At the same time reference rules lawyer assistance Beijing, Shanghai, Tianjin and other places, the legal aid obligations is the subject of legal aid agencies, the agency to exercise the duty of government legal aid, legal aid agencies have the right to appoint with the duty of legal aid lawyers or law firms. The specific legal aid process is generally by the legal aid agencies accept the case, and then specify the attorney or lawyer. Therefore, the relevant provisions of the legal aid institutions directly to the lawyer or law firm issued aid missions in accordance with law. (Du Hongtao, Sina micro-blog@Major case-Du Hongtao.

 

612,'Ask:1In order to repay, after thingsXXIndustrial and Commercial Bank of China mortgage loans, home to2012Years8Month29To theXXInvestment Guarantee corporation loan400Million yuan (in writing, and in shrimp pond contract book as collateral, also signed a "Protocol" company), monthly interest30Million yuan. Because there is no according to the agreed time of principal, they lied to my dad signed the transfer contract agreement shrimp ponds, and said that as long as the timely payment of interest, the repayment400Million when the original contract to us. Later my continue to pay95Million yuan of the usurious interest. At the end of the year to repayment400Million yuan, the Guarantee Corporation said to punish200Million, need600Million yuan, the shrimp pond contract book to us.
2, lending institutions (means1They don't admit it)400Million loan to us, but to buy shrimp pond to my house, just give us400Million yuan (2) for my family to pay their interest (through bank accounts, Co125Million yuan), they invent a lie, that is because prior to use cash to lend us the money. (actually it is my home to pay their usurious interest, not to give them back the money). (3Don't put the borrower) and when they signed the "agreement" to us (4) lenders and charge interest people's bank account is not the same person; signed the transfer contract and my dad is another person (the loan Paragraph People:XXX. Interest income people:XXX. The contract of assignment:XXX)

Answer:1Guarantee Corporation, an interest in violation of the provisions of laws, interest rates than bank loan interest is four times the same period in part is not protected by law, can not give, if the Guarantee Corporation in the first loan deducted interest, principal calculated after deducting the interest amount.2, according to China's security law, the collective land can not mortgage, the right to the use of a legally contracted barren hills, barren, barren hills, wasteland, wasteland land must be approved by the employer to mortgage. Invalid contract with pond Book mortgage, does not have a material impact on your home equity.
The Guarantee Corporation sent and transfer contract you signed invalid. According to the "land contract law" article37The provisions of the contract, transfer of the use right of collective land, to be agreed by the employer. At the same time, the contract is not the actual performance, you can request to terminate the agreement unilaterally.
Repayment because Guarantee Corporation outside of the third person, if the Guarantee Corporation approved its behavior, it belongs to the repayment, if the other party does not endorse, that third people belong to the unjust enrichment, can claim restitution.5Guarantee Corporation said fine, no basis in law, which belongs to the invalid behavior, without any legal binding on your home, you can ignore.6If the Guarantee corporation does not recognize400Million loan, you put the evidence fixed. To request the court to confirm the fishpond assignment contract, there is only you returned to the other party has already paid, then borrowing behavior and third Guarantee Corporation of the behavior is the same, for your favorable. Since the loan does not exist, on behalf of the Guarantee Corporation to receive the interest of people collecting your money belongs to the unjust enrichment, can suit for the return, the other lies must provide evidence, otherwise the court will not accept.
Given the rogue behavior of the Guarantee Corporation, and in light of the fact that in this case the lender, collect the interest people, fish ponds to contracts are not the same person, suggest you home to start from the interest and the pound contract, one is litigation request received interest people return the unjust enrichment, see the interest people how to refute, or tell other loan fact, or admit unjust enrichment, are on your home advantage. Two is the litigation fishponds transfer contract is invalid. You will first fishpond in farmed fish fishing, then to the court that the contract was invalid procedure, the other party or admitted borrowing facts, or pays for your home400Million transfer price, either that400Million is the transfer price. However, this400Million sources said a clear, the court, if Guarantee Corporation to your home for money, you can report the fraud to the public security organ.
8Guarantee Corporation, to your home to claim, evidence must be provided, otherwise no, if I were not agreed interest, you have to pay interest, can be used as has also principal calculation. Usury behavior of Guarantee Corporation is not protected by law, and the recent crackdown is large, you should be clear thinking, believe that the law, not to be intimidated. Sina (micro-blog@Major case-Zhu Wenliu.

 

613, Q: at home,, contracting package materials to the foreman, foreman please a plumber accidentally electrician when killed, housing mainly negative what responsibility?CompensateHow to deal with it?

Answer:1According to the "general rules of the civil law" cognizance of fair liability for damage, if the parties have no fault, then according to the specific situation of the parties (general economic ability of fair burden sharing).

2If you do not audit hydropower quality accident occurs, the general court will sentence you, and the Contractor shall bear joint and several liability.

3, if the injury was the result of water electrician irregularities led, so water electrician their own responsibility, the contractor may assume compensation responsibility, you don't have to bear the responsibility.

4In the judicial practice, because owners to build a house, signed contract is often not pay attention to quality problems of construction review labor contractor, and the owner is in fact the beneficiary contract, often bear secondary liability judgment. (law student Lei Wenxia)

 

614Ask: the recommendation of a friend, consulting, a thing:2004Years, the staff to raise funds to buy the county branch office, whether it belongs to equity? This year, companies want to120Buy office building ownership% principal price, people think it is not reasonable.1The staff think it is equity, should be in accordance with the housing market price to sell the company;2Company thatFunds belonging to the company to staff loans, now even bring interest one-time repayment.3Note: the company04Years had originally promised, three years to pay the principal, after a year and a bonus. But in fact only pay each year about10% bonus, but now want cheap to buy back shares. Does the employee demands can be realized?

Answer: A, if you buy a house is a company, because the company does not have the qualifications of a legal person. Then there is no equity issues. Only the loan.
Two, if it is a slip of the pen, not a company is a subsidiary company:
1If is, equity, need the original principal back, but also to the company to pay your principal date to the present interest. It is hoped that you would seriously measured between principal, interest and has been principal, sharing benefits.
2Still, if the claim is equity, you must cite the key evidence that the original pay equity rather than debt, if there is no evidence, so can only be borrowing.
3Evidence, including but not limited to the resolution of capital contribution certificate, equity subscription agreement, the industrial and commercial registration, the shareholders' meeting.
4If not, the above evidence, still want to claim ownership, then said the company give you bonus, but the evidence is weak, but it's better than nothing. (Jing Hao, Sina micro-blog@King Mu Siyu)

615, q: If a carrier explosive Chemical supplies car because of the breakdown of the car on the road the road car explosion caused many casualties, which should not be the crime of dangerous goods? 
Answer: according to China's "criminal law" article136Article
The crime of dangerous goods, is a violation of the explosive, flammable, toxic, radioactive, corrosive materials management regulations, in the production, storage, transportation, use, due to the fault of the occurrence of major accidents, causing serious consequences.
1If, during transport (vehicle malfunction) behavior are in violation of the provisions of dangerous goods management behavior, such as "civilian explosives management Ordinance", "Regulations on safety management of hazardous chemicals", "radioisotope and ray devices placed Protection Ordinance", "Regulations on the management of nuclear materials", "nuclear facilities safety supervision and management regulations", "toxic drugs for medical use and management measures", "rules", "the safe use of pesticide regulation on the transport of dangerous goods, dangerous goods" for handling several measures "and" on the strengthening of fireworks enterprise safety production management of the emergency notice "" fireworks safety management regulations "etc.
Violation of the explosive, flammable, toxic, radioactive, corrosive materials management regulations, the occurrence of major accidents in production, storage, transportation, use, suspected of any of the following circumstances, shall be filed for investigation and prosecution:
(a) caused the death of more than one person, or three or more serious injuries;
(two) caused a direct economic loss of five hundred thousand yuan of above;
(three) other circumstances causing serious consequences.
2In the process, storage, production, transportation, use of dangerous goods, if not in violation of the provisions of dangerous goods management behavior, but due to natural causes accidents caused by the explosion hazard, combustion, leakage, pollution of major accidents, causing serious consequences, which belongs to the nature of the accident, does not constitute a crime. Violations constitute a crime shall be behavior of human caused major accident.
Therefore, the case should be in the behavior of people in the transport of explosive chemicals process has no violation of the provisions of articles to qualitative risk management. (Ji Jiabao, Sina micro-blog@Baldeagle-freeman)

616, qLawyer: Xu:Ask a question about the issue of labor contracts. I previously worked in a state-owned enterprise, because the salary is too low then resigned, written resignation report to the leaders in charge of the signed, when I went to the human resources department for separation procedures were told to pay8000About the penalty, before new unit is signed three year contract, but because the company has a foreign project, we should first training for half a year after signing a turn5Year of the contract. Now the company said that if I don't go to pay liquidated damages for separation procedures, according to the work. Excuse me if I have the obligation to pay liquidated damages. In the original unit to buy provident fund and social security, personnel files and how to deal with.

Answer: first of all, according to the labor law of the22,23The relevant provisions of the, workers need to pay breach of contract damages only two to the employing units: one is the employer for the employee skills training, with the labor agreement, the agreed period of service; another is the prohibition of business strife agreement noncompete period. Only these two kinds of circumstances, the employer may require workers to pay liquidated damages.

Secondly, in this case, you need to pay damages to the unit, to see the nature of the half year training, and whether the agreed service time. If training is to improve the skills training, rather than ordinary dedication and training; and agreed service time, can require workers to pay compensation; if it is dedication, training, can not be demanding compensation.

   Finally, how to change the labor relations, will not affect the provident fund and social security. (Mou Qingfeng, Sina micro-blog@Mr. MOU)

617, q:My cousin committed the crime of misappropriating public funds in Hangzhou, has been held. Said the lawyer fee will be about one million, please do not play. For a long time have not seen the trial. Would like to ask from arrest to the trial of the longest will be long? How to apply for to see her?

Question two: my cousin committed the crime of misappropriating public funds in Hangzhou, has been held. Said the lawyer fee will be about one million, please do not play. For a long time have not seen the trial. Would like to ask from arrest to the trial of the longest will be long? How to apply for to see her? 
Answer:1Public security organs, the longest duration2+1(154A general)+2(156Article4In such cases)+2(157Be sentenced to10Years or more in prison)=7Month
Investigation detain deadline 154th arrest on criminal suspect shall not exceed two months after. The case is complex, cannot be concluded within the time limit of the case, may be extended by one month after the approval of the people's Procuratorate at the next higher level.
Article 156th the following cases in the 154th article of this law the expiration of the time limit prescribed investigation cannot be concluded by the provincial, autonomous region, municipality directly under the central government, the people's Procuratorate approval or decision, an extension of two months may be: (a) major and complicated cases in outlying areas where traffic is very inconvenient; (two) a major crime cases; (three) large grave and complex cases in crime; (four) the crime involving a wide range of major and complicated cases, evidence of the difficulties.
Article 157th of the criminal suspect may sentenced penalty above ten years, in accordance with the provisions of this law the 156th regulation to extend the time limit expires, still cannot investigate terminative, the provincial, autonomous region, municipality directly under the central government, the people's Procuratorate approval or decision, and may be extended for two months.
2The procuratorate, the longest duration:1+0.5(169A)+1+1+0.5(171The first supplementary investigation period)+1+1+0.5(171A second supplement investigation period (up) the limit of two times, fill the investigation procuratorate recalculated after the time limit for examination and prosecution)=6.5Month
Article 169th The people's Procuratorate for the public security organs for prosecution, shall make a decision within one month, major and complex cases, can be extended for half a month.
Article 171st For supplementary investigation cases, shall complete the supplementary investigation within one month. Supplementary investigation is limited to two times. Supplementary investigation is completed and transferred to the people's Procuratorate, the people's Procuratorate to calculate the time limit for examination and prosecution.
3The people's court, the longest duration:2+1(202A general)+3(202The four category of cases extended)+1(199The procuratorates of supplementary investigation)+6(202A supplementary investigation after the re calculation period)=13Month
Article 202nd the people's court shall, after accepting a case of public prosecution, in two months sentence, no later than three months. For the death penalty cases or incidental civil litigation cases, as well as the law the 156th regulation circumstances, the approval of the people's court at a higher level, can be extended for three months; because of special circumstances need to extend, be approved by the Supreme People's court.
Article 198th During the court trial, under any of the following circumstances, affecting the conduct of the trial, hearing may be postponed: (two) the prosecutors found a public prosecution requires supplementary investigation, suggestion;
Article 199th In accordance with the provisions of law 198th of second cases the adjournment of trial, the people's Procuratorate shall complete the supplementary investigation within one month.
Article 202nd the people's Procuratorate for supplementary investigation cases, supplementary investigation is completed after the transfer to the people's court, to the people's court shall calculate the time limit.
Therefore, the public security organ, the procuratorial organs, the longest period is the court case26.5Months, if there is a change in the situation of jurisdiction, jurisdiction to recalculate changes period, so the time limit should be extended.
4, our law does not allow family members met with detainees, with only a lawyer, if you cannot afford a lawyer, can request for legal aid. (Fang Weichao, Sina@My name is Fang Weichao.

618Ask: youWell, I was in Henan Xinyang mobile users,5Month24No. my mobile phone, mobile phone SMS Fetion, mailbox service was secretly removed, to influence normal communication and life. At the same time, the mobile phone is quietly ordered6Music and a member of the customized ringing tone yuan monthly. Complaint10086After the local mobile personnel involved in the processing, compensation for the economic losses caused by SMS closed954Element. But I want to move a written apology, mobile Dodge is the staff personal mistakes in the work, the Mobile Corporation won't apologize. Mobile Corporation such illegal and trample on the rights of users behavior can't make a statement? Ask such a situation how to safeguard their rights? Thank you, hard!

Answer:1Employees of the Mobile Corporation, act as duty behavior as the behavior of the Mobile Corporation.

2The civil compensation, does not affect the apology. (Chen Weiguo lawyer, Sina micro-blog@Chen Weiguo lawyers)

 

619, Q: thanks for your help, there is a problem I could not describe clearly. Specifically: PICC Property and life insurance of separation, our county's old office building for the life-insurance company, then the insurance company personnel are required in the municipal branch, to raise funds in the form of new office buildings, so the branch company in recent years to set capital employees every year, hair10A bonus. Now the city branch that give employees120% funds, after it is no longer the dividend. The staff think, if the company wants to buy the new office building ownership, should be assessed according to the market price, about three times as much as the principal to five times, but not120%.

The original q: The recommendation of a friend, consulting a thing:2004Years, the staff to raise funds to buy the county branch office, whether it belongs to equity? This year, companies want to120Buy office building ownership% principal price, people think it is not reasonable.1The staff think it is equity, should be in accordance with the housing market price to sell the company;2Branch that funds belonging to the company to staff loans, now even bring interest one-time repayment.3Note: the company04Years had originally promised, three years to pay the principal, after a year and a bonus. But in fact only pay each year about10% bonus, but now want cheap to buy back shares. Does the employee demands can be realized?

Answer: A, if you buy a house is a company, because the company does not have the qualifications of a legal person. Then there is no equity issues. Only the loan. Two, if it is a slip of the pen, not a company is a subsidiary company:
1If is, equity, need the original principal back, but also to the company to pay your principal date to the present interest. It is hoped that you would seriously measured between principal, interest and has been principal, sharing benefits.
2Still, if the claim is equity, you must cite the key evidence that the original pay equity rather than debt, if there is no evidence, so can only be borrowing.
3Evidence, including but not limited to the resolution of capital contribution certificate, equity subscription agreement, the industrial and commercial registration, the shareholders' meeting.
4If not, the above evidence, still want to claim ownership, then said the company give you bonus, but the evidence is weak, but it's better than nothing.

Supplementary answer:1If you, a new description, then this is the ownership of housing problems, not equity debt problem.
2, real evidence on the line. House property card is the name of company, so this is the borrower, as long as the company to give you the loan plus interest on the line.
3If the real estate certificate, name is yours, then the company will according to the market price to buy you, and you can not sell, rent to the company and other benefits.
4In the real estate certificate is a prerequisite, company name, if you have evidence to prove that, when pay agreed housing belong to you, then you may apply to the court for recognition of the housing ownership belong to you. In this case, the key is evidence. (Jing Hao, Sina micro-blog@King Mu Siyu)
 

620, q:2013Years6Month6On the morning of1:40Points, the driver driving Niu Changshan relaxationHB8751From Beijing to Henan on the way to the wide high-speed Hengshui service area found the car stolen goods, value6Million yuan. Immediately report to the police, Hengshui service area high-speed traffic police checked by tarpaulin knife and the rest of the stolen goods. Morning9PM issued a report that let to the police team reported to the police, said the major case, but also to other criminal police team report. I feel very helpless situation, there is help, high-speed traffic police corps, corps gave me Renqiu high-speed traffic police brigade officer Lee's phone, but the officer Lee gave me the monitoring center to allow myself to check. The report has no one accepted, ask the victim how to do!

Answer:1Public security organs, according to the provisions on the procedures for the handling of criminal cases of provisions, criminal cases shall be under the jurisdiction of the public security organs to the crime. Occurred during the running of the transport of criminal cases, the initial stop by the transport under the jurisdiction of the public security organ; when necessary, transport origin, route, arrived at the public security organ may also be under the jurisdiction. Based on your description, although do not have the goods were stolen in where, not to alarm occurs, alarm the public security organs but you can belong to the original port of Hengshui service area.

2In this case, belonging to the theft, should be under the jurisdiction of the police team, jurisdiction, not by the traffic police department therefore, the traffic police department to correct. The public security organ for citizens over, report, report, or criminal suspects accused voluntarily surrender, should immediately accept, inquire, and making a record, after being verified to be correct by people, over, the informant, the complainant, accuser, automatic signature, Na finger printing. After review, that the facts of the crime, but does not have jurisdiction over a case, shall immediately report to the public security organ at or above the county level shall be responsible for the approval of the person making the transfer case, notice, to deal with the competent authority. Therefore, the first squad is not legitimate, they should accept your report, if they do not have jurisdiction, the case to the authorities having jurisdiction.

3, according to your situation, you can report to the supervision department of the public security organ, or to show the authorities issued a written decision on not filing the case, not filing the case may apply for reconsideration, the public security organ may make a decision on the reconsideration to the, the disaffected, can apply to the upper level public security authorities for review. (Gao Jichao, Sina micro-blog@Major case-Gao Jichao.

621,Question: what is the Dragon Boat Festival today, our school requires us to work for an illegal? Our weekend also often occupied, sometimes only one month to take a day off? How to maintain?

Answer:1If the decision is, schools and school staff consultation and the overtime fee, in practice this does not as a legal dispute, suggestions and school negotiation.

2, if the school does not pay the overtime pay, you can go and consult the school, not to apply for labor arbitration request for the payment of overtime, if you still can not reach agreement, may bring a lawsuit to the court. Lei Wenxia, Sina micro-blog@Haven't seen pork haven't learned pig run)

 

622, q: I am ABA red village of Ruoergai County town and Zhuoma a. daza,1999The national collection of our village several villagers should collectively owned pasture belonging to and given compensation, my problem is the individual contracting land during the contracted period state expropriation, compensation is the individual or to the collective allocation?

Answer: according to the relevant provisions of the land administration law, the collective land expropriation, compensation levy land is allocated by the collective economic organization. The general practice is by the village committee or villagers' groups are assigned. (Gao Jichao, Sina micro-blog@Major case-Gao Jichao.

 

623,Q: my father and a friend bought a small property room, the house is only the collective use of land, a total of three layers, we bought the two layer, when buying house and not finished (the government not to repair), the contract signed last September, the contract did not write that is specific to a house, also did not write the launch date, then that this year four or five month endorsed, but because it is the small property right room has been not to repair, now the real, let wait, not others, no refund, no launch date, the seller does not recognize, he said the launch date. What do we do now?

Answer: according to the "land management law" article62The provisions and other relevant provisions, rural and city suburban land owned by peasant collectives, made the countryside homestead right of use has strict identity constraints, namely only with members of the collective economic organizations of the identity, can be made in accordance with the law and enjoy the use right of homestead, homestead allocation system and implementation of a one house system. At the same time, according to the principle of real estate, when the homestead built housing is transferred, the right to use the land will be transferred, if allowed to rural housing sold to outside the collective economic organization, will lead to the homestead right of use to enjoy the enlargement, does not have the homestead right of use of qualified people it became a direct users to the homestead, and the provisions of the "land management law" is apparently contradictory. The law of the63Ming also provided that: "can not be sold, transferred or leased for non-agricultural construction owned land use right of rural collective." The provisions on the right to use the rural collective land circulation was strictly limited, so, the countryside homestead right of use of collective ownership in, only to the villagers, farmers housing will be sold to city residents is essentially the non-agricultural construction land use, this kind of behavior is forbidden by law. According to the relevant provisions of contract law in violation of the law or the social contract is invalid, so you could argue that the housing sales contracts invalid, demand repayment you paid 1629, if they do not pay you can claim of unjust enrichment. (Tong Qiang, Sina micro-blog@Strange footLaw)
 

624,Ask: Hello, I would like to consult:If buy the corrupt officials or other personnel property, the property is deemed to be their illegal income, but have house property card, buy this house there is no risk, if I bought a real estate certificate is my name, will be confiscated? Thank you.

Answer:1, as long as you pay the market price, and do not know that this is illegal income of corrupt officials, at the same time the card is the property of your name, you are legally. Not be confiscated.
2Buy a house, because you have to pay, then the illegal income is the money instead of a house. It is not money, not the house. But the money you have to corrupt, therefore confiscated also has nothing to do with you.
3The need for vigilance, not a house, but will not take you as an accomplice. Because the house is illegal income, will think you cooperate with others to wash the white house.
4Attaches great importance to the third point, I hope you. (Jing Hao, Sina micro-blog@King Mu Siyu)

625Ask: Hello, Professor Xu! I am Jiangxi Ganzhou rural children, now studying in Beijing. Admired you, watching you micro-blog! To add this Micro message today, bother you, one thing to want to consult you. Please you in his busy schedule to give me some good suggestions, questions as follows: my girlfriend2011In a construction company internship, internship Mister said to my girlfriend can buy low rent housing through the relationship, the premise is to pay5Wan Dingjin, the deposit by bank transfer to him, only transfer slip. Now, Mister was arrested, and later by the public security organs of release. During my boss caught in a report to the public security organs, but the public security organs did not put on record, Mister also admit owe5Million. Now has been in debt, but the boss is not money. How do I get back the money by what method!

Answer: according to your description of the situation can be seen you and the boss have little chance of reconciliation. The facts are clear, the debt is clear and the debtor does not repay debt without justifiable reasons, you can ask for an order of payment to the court, the court issued after the payment order is not repaid, can apply to the court for compulsory execution. If the court did not accept you may bring a lawsuit to the court, the repayment of the debt according to the court, if it does not pay to apply to the court for compulsory execution. (Tong Qiang, Sina micro-blog@Strange footLaw)
　　

626,Q: the king and his daughter Wang Yingqi motorcycle meet along the way Wang Ying boss open car Zhang and Zhang, want to say hello, Zhang will be the car to Wang near, Wang see car running trend, thought likely to hit myself, then to the side of the road and let the car, unfortunately, Wang put motorcycle ride into the roadside ditch, King's daughter Wang Ying is injured, to the operation, in urgent need of money, Zhang wrote a responsibility cognizance book, let the king signed, said Wang signed for operation expenses, Wang Dayin needed operation fee note the word, after Zhang not to pay any fees during the period of Wang Ying, is now in the hospital, still need to deliver a variety of medical expenses, but Zhang to the responsibility confirmation grounds, refused to pay, now king wants to obtain medical fees compensation, how should do?

Answer: the boss of the accident and no fault, in principle does not assume responsibility, but the accident parties have no fault, the court will generally according to the actual situation judgment both sides fair share, in view of this, you may bring an action in the court asked Zhang to take part of the responsibility. (Lei Wenxia, Sina micro-blog@Haven't seen pork haven't learned pig run)

　　

627,Ask: hello. I was in rural areas, the house3Acres of contracted land to the group, had no credentials, now want to come back, the leader does not acknowledge our contract to set in, what shall we do to return to our contract?

Answer: you go back not to the collective land, but the collective land contracting right of management. Now you want to claim the right to the contracted management of rural land, rural land management of out. Secondly, if all documents are not, as long as you can prove that the account is still the collective, and the collective life, can enjoy the corresponding claim the right to land contractual management.(Travel, Sina micro-blog@Lawyer)

　　

628Q: , labor arbitration if the subject error occurs, the book came out, you can re arbitration Like the land resources bureau subordinate units of land supervising detachment, whether the main body qualifications? Whether can sue? please

Answer: one, you can't re arbitration. Because:

Labor dispute, in addition to the provisions of labor law otherwise, the arbitral award for the final award, the arbitral award takes legal effect.
You can: a lawsuit in the people's court within fifteen days from the date of receipt of the arbitration award.
Two, the land and Resources Bureau subordinate units of land supervising detachment, subject qualification. Because:
Workers of state organs, institutions, social organizations and to establish labor relations, conclusion, performance, modification,
The dissolution or termination of the labor contract, in accordance with the implementation of the labor law.
Three, you must first arbitration, the prosecution. Because:
Refuses to accept the arbitration award, in addition to the provisions of the labor arbitration act otherwise, may bring a lawsuit to a people's court. Mi Weijun.

629Ask: Hello, , my home town of Anhui province Xuancheng contract20Acres of mountain25Years, his wasteland pear, now and the10Years of the contract period. Now due to the construction of Tongling-Nanling-Xuancheng Expressway expropriation11Mu. High speed07Years to build, intermediate qualification, and government funds by developers illegal operations repeatedly dropping. Now the government compensation7000/ mu, without compensation. Pear tree6000/ mu and refused to disclose the details of compensation. Properties and fields about the same? Whether the compensation? And young crops compensation is too low, how is there is no standard. The law of land land compensation, resettlement compensation is also applicable in my land? There is no other attention to place? Trouble Mr. lawyer, hope to be able to inform the relevant details and related legal provisions. Thank you very much!

Answer: the Beanstalk compensation refers to the expropriation of land country, crop is in the growth stage and failed to gain economic compensation, government should give the contractor or the land to land users.
According to the "land management law" article forty-seventh of land expropriation, compensation according to the original purposes of the land expropriation.
　  A land compensation costs include land compensation fees, resettlement grants and ground attachments and young crops compensation fee. Compensation for land expropriation of land, the land was a former three years the average annual output value of six to ten times. Collection of cultivated land resettlement fees, shall be calculated according to the number of agricultural population to be resettled. Number of agricultural population to be resettled, calculated in accordance with the number of the quantity of cultivated land expropriated land expropriation before divided by average per unit land occupied. Each of agricultural population to be resettled resettlement subsidy standards, the land was a former three years the average annual output value of four to six times. However, each hectare of expropriation of land resettlement grants, highest do not exceed fifteen times the was a former three years the average annual output value of.
    Expropriation of other land for land compensation and resettlement fees, shall be prescribed by the province, autonomous region, municipality directly under the central government on cultivated land compensation and resettlement fees standards.
The compensation standard is levied attachments and young crops on the land, shall be prescribed by the province, autonomous region, or municipality directly under the central government.
On the outskirts of the city, land units should pay new vegetable field development and construction fund in accordance with the relevant provisions of the state.
The land compensation and resettlement fees paid in accordance with the provisions of the second paragraph of this article, it is not required for enabling farmers to maintain the original level of living, the approval of the provincial, autonomous region, municipality directly under the central government, can increase the resettlement fees. However, the total of land compensation and resettlement fees for land requisitioned shall not exceed thirty times the average output value of the three years ago.
The State Council in accordance with the social and economic development level, in exceptional circumstances, can improve the collection of cultivated land compensation and resettlement fees standards.
Although the mountain is synonymous with arable land can not, but I think that the mountain has the pear belongs to the Beanstalk compensation scope, in accordance with the young compensation standard in the Land Expropriation: before long some crops for land acquisition, construction destroyed, shall be calculated in accordance with the land units in the field crop season yield, output value, compensation. Specific compensation standard, should according to the local actual situation and decide. Just for the planting of crops, according to its quarterly production1/3Compensation fee, for the growing of crops, according to season the highest output value compensation; for the grain, oil and vegetable crops, compensation shall not be able to get the harvest, harvest season, not as compensation for economic forest; years of growth, as far as possible to transplant, by the unit to pay transfer fees, such as must be cut of, from land units according to the actual value of the compensation, for timber forest, the forest owners to deforestation, land units only pay the cutting work hour fee, no compensation. Based on the above, the law of land land compensation, resettlement compensation also apply to your home land.
Note: the land will always have the land acquisition programme announcements and compensation for the cost of the public notice, to pay attention, if there are objections to the plan or compensation, should be in the land expropriation compensation, resettlement plan announcement date10The working days, the city, the county people's government administrative departments of land. According to the "Land Management Law Implementation Regulations" article25Article3Paragraph, the disputed land compensation standards, by the local people's government at or above the county level shall coordinate; no coordination, approved by the people's Government of land requisition decision.

630Ask: Hello,Consult. We had a farm, chicks when ordered to sign the contract, supply seedlings in seedling was over time but not for delivery, then verbally agreed the next shipment, to fill the gaps, and a week after seedling to, but because the automobile transportation problem, mortality is too large, more than1/3! And there is no promise of the fill the gaps, through a communication, seedling's promise in a week after death shoots us up last unfulfilled quantity, but today is promised to seedling date, but that is not the blade, and the phone also can not contact, no answer! I would like to ask me how to pass laws to get help? Please advice! Thank you.

Answer: according to your description is combined with China's relevant laws to answer as follows.
1If you really need this part of chicks, advice and negotiate, supervise and urge each other as soon as possible to perform, and can make the other default payment of compensation, if you start to contract for default payment agreement, if there is no agreement, also can be to a claim damages for delay in performance, to request the other party to bear on your side the loss caused by.
2If you don't need this chicks later loss, verbal agreement you can notice a lift back part, and demand the other party to terminate the agreement to bear your loss.
3The above two methods are the legal relief way of, can be put forward in time to the courts, of course, the best way is and negotiation, can put forward the above compensation, as long as the two sides reach an agreement can be. (@Haven't seen pork haven't learned pig run)

 

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