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 511st to 540th legal consultation

 

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

 

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:

 

511Ask: Excuse me, a user posted shooting traffic violations of the legitimate right

Answer: as long as you create a site in accordance with the relevant laws, as a user issued traffic violations they shot to the platform, no speech and other forms of subjective personal attacks, and will not violate the privacy of others, right of reputation, the right of portrait and personal rights, will not bear civil or criminal liability. (Zhang Shulei, Sina micro-blog@Zhang Shulei.

512Ask: ask the expert,, conditions under which the court can legally ordered the demolition? Thank you

Answer: because the variability and complexity of legal affairs, you did not provide relevant legal facts and evidence material, we can only according to the relevant provisions of the law to answer, the answer is not perfect also please forgive me. According to the Supreme People's court "about people's court for enforcement of the provisions" state-owned land on the housing levy compensation decided several issues of the case, the judicial interpretation of article second stipulates: "the authorities to the people's court for compulsory execution, in addition to providing" enforcement regulations "provisions of article twenty-eighth of the book and the attached application materials, it shall provide the following materials:1.Collection of compensation decision and relevant evidence and regulatory documents on the basis of;2.The collection of compensation decided to document, notice and housing expropriation, direct the views of the parties;3.Social stability risk assessment materials;4.For enforcement of housing conditions;5.The person's name or the name, address and enforce the related property status details;6.Other materials required by the laws, administrative rules and regulations. The written application for enforcement shall be responsible for signature by the authorities, with the seal of the applicant organ, and date. To enforce the application shall be made for implementation within three months of legal prosecution expiration date; late applications, but it has a legitimate reason, the people's court shall not accept the." prescribed in article Sixth7For not imposing, namely the expropriation compensation decides the existence of the following circumstances, the people's court shall decide not to execute: "(1The apparent lack of factual basis; ()2The apparent lack of legal regulations), (3) is obviously not in conformity with the principle of fair compensation, serious damage to the person subjected to execution or the legitimate rights and interests, the execution of the basic living condition, there is no guarantee (production and operation4) in clear violation of administrative objective, serious damage to the public interest (5Serious violation of legal procedure) (or due process6Beyond the terms (;)7Other unfavorable) laws and regulations, rules and regulations, the enforcement situation. The people's court shall not allow execution, it shall explain the reasons, and in five days the decision to the authorities." To sum up, those who do not conform to the above provisions, are unable jiangchai!

 

513Q: cases, lawyers, Hello, I have a consultation about the rescission of the labor contract with the company's question now. I'm in a central enterprise work, because the company treatment is too low, it is difficult to guarantee the normal life, so after the resignation, but resigned, report on companies ignore, don't give me with normal turnover formalities in accordance with the labor law, even if I submit the job from thirty days after the resignation, still do not give me to handle the relevant proof of departure at the same time, not to my profile, I handed over the resignation of the report after the full thirty days time can leave, companies began to work with me, after fifteen days I will terminate the labor contract issued proof, still do not give me the file, I think how I this ask follow legal means to safeguard their rights? In addition to prevent the company denied, I handed over the resignation of the report of the recording, the recording can be used as I submitted the resignation of evidence? Whether the evidence is enough? I want to settle this matter as soon as possible, thank you!

Answer:1I want to ask me this follow legal means to safeguard their rights? You can report to the Department of labor, processing, can also mediate, or to apply for arbitration, he may bring a lawsuit.

2In addition to prevent the company denied, I handed over the resignation of the report of the recording, the recording can be used as I submitted the resignation of evidence? April 1, 2002 from the implementation of the "Supreme People's Court Regulations on civil litigation evidence " provisions of article sixty-eighth, "made to infringe upon the legitimate rights and interests or violating the legal prohibition of evidence, can not be used as the basis for ascertaining the facts of a case." So if you record without the two kinds of situations, but valid evidence.

3Whether the evidence is enough? From your statement, a notice to terminate the contract, there is evidence of company does not issue proof obligations of evidence, but the law requires the employer within fifteen days for the workers to complete the formalities, the files and social insurance provisions of the state, enterprise workers to mobilize, resignation, termination of the labor contract or dismissal, dismissal, should the employee units within a month of its files to the new work units or their account for the location of the street labor(The organization and personnel)Department. The staff was the detention, prison, where the original units in the future is also prepared to employ, the archives by the original unit. It is not by your own, and some illegal. Then you can ask it to handle the transfer procedures. (Ye Haibo, Sina micro-blog@Ye Haibo1999)

 

514Q: I rent the house, through the conduit company, is a single apartment, then the conduit company told me, there is room and the landlord of couples living together, then no other tenants, so I agreed, and signed the rental contract with the owner and intermediary, to has not got the key, at the same time, the house except for me and one family rental, and the landlord signed a contract before did not correspond to the owner and intermediary, so I have deceived by asking rent, but refused to return the deposit and the rent I pay at that time, conduit company also does not agree to refund intermediary fees, I have no place to hide, but only the other house to live, can I ask the owner of the house and intermediary refund before I pay fee?

Answer: the legal relationship between the parties and the conduit company intermediary contract. According to the "contract law" article425The provisions of article, the intermediary shall truthfully report to clients on matters related to the contract, the intermediary deliberately conceal the important matters concerning the conclusion of the contract or provides false information, thereby harming the client's interests, it may not require payment of remuneration and shall be liable for damages. One can ask intermediary returned intermediary costs. In addition, the intermediary in the contract, the intermediary only acts as an intermediary between the principal and the third person in civil activities, but not between parties express their will, the intermediary is not the principal and the third party of the contract parties, nor any one agent, only is to facilitate the transaction or contract person finally, the rights and obligations under the contract by the parties to a contract after consultation agreed, so once the two sides for the performance of the contract dispute, its object should be relatively contract instead of the intermediary. But if the intermediary intermediary and third people or the trustor malicious collusion, damage to the other party of the interests of the client, in this case, the client can claim with third people or other contract between the parties is invalid, can ask the third person or other parties, may also request broker bear the liability for compensation for the losses.

 

515, Q: I'm a farmer , enjoyed the peasants' benefits. Because housing compound I live is the old house, I only have50The government of frequent "land real rate of all card" since then never send related warrants. I was the eldest son has been to support their parents, parents died, the housing property is my only one. But my nephew to split my property, claims to be the property. They have a house in the village and another the homestead, and the family built a house. Their father80At the beginning of the year has passed, the nephew account is urban residents. But to split my possessions. However, in the case of the trial, the judge got their hands on the judgement. The appeal of the party claims and reasons no written statements and records in the judgment, the new evidence submitted by the parties in court, not only a not mentioned in volume and surface are deliberately removed , directly affects the verdict. I would like to ask:1,1950The government issued "certificate of land and house property" is valid.2, whether the court should confirm the homestead right of use?3The judge has the right to deprive the parties, the discourse?4Palace, deliberately concealing evidence Is it right? Favoritism?5No, was sentenced to house was illegal demolition how adults?

Answer: first, the basic facts:

According to your consulting the lawyer, and the reasonable supposition, the basic facts of your case relates to the:

1For the property. And the homestead right of use, from your parents, and your parents are dead;

2The existing housing50The government issued the "land and housing ownership certificate", although you did not say all right under load, but according to the facts of the case can be seen, the card carrying the right people for your parents;

3Your parents have you and your brother (brother) two children, among them, your brother (brother) has been to80The fault, left a son, that is your nephew;

4Your brother (brother) in the village and the homestead, and the family to help build a house, now your nephew for town accounts;

5You have to support your parents, until the two old;

6. your nephew for division of property, has first, second, and get the support of the court.

And two, problem analysis:

The above facts, you put forward1950The government issued "certificate of land and house property" is effective, five issues, in essence, you simply want to know: your nephew is for housing and land use rights have no right of inheritance problems.

1On the homestead right of use and inheritance:

The homestead right of use as a usufructuary right, according to China's "land management law" about "one rural household can own a house", with a certain degree of personal attachment and welfare, by Chinese law strictly prohibits the circulation, therefore, it does not accord with our country "law of succession" article3The provision of "heritage is legitimate personal property" legacy citizen's death, does not belong to the heritage range, cannot be inherited.

2The inheritance of housing ownership:

You said the government in50In the way of "all of the" land, historically, is our country on a warrant issued by government-owned land before fifty years, since the fifty's the land public ownership, its itself has lost the legal effect. But you need special attention is, the document itself lost its original legal effect, does not mean that no evidence effect, in this case:

-- if the housing department for without any reconstruction, rehabilitation, is all of the above card itself can be proved, for the housing department is the heritage left your parents, your nephew as inheritance people (to inheritance or succession by subrogation), shall have the right of succession; of course, your parents plot, according to China's "Inheritance Law" article13Article on "on the main successor to do his duty or live together with the heirs of the heirs, at the time of distributing the estate, can provide multiple points", which belongs to the fact you can claim more heritage;

If it is for housing -- has been rebuilt or renovated, the original housing actual does not exist, the inherited property lawsuit does not exist can not be established. But, if you without your brother (brother) or nephew consent, unauthorized alteration or renovation, resulting in loss of heritage, according to China's "general principles of civil law" relevant "heritage in the succession to the former, stipulated by the heir to a common", you would undoubtedly infringe upon your nephew's common property, it has the right to sue, ask you to compensation for the loss of the corresponding.

Of course, there is a key issue in this case behind, conflict and law and folk customs and the fusion problem, namely: General in the countryside, in the family as a child the transformation of the housing situation, other parents children to have their parents left heritage, can be said to be a habit in my country folk the. Claims court respect this habit, a defense reasons you may consider.

3Other.

As you mention other problems, as can be seen, is based on your judgment of discontent, related questions arise, the lawyer advised you in respect of judicial authority under the premise, according to the relevant professional advice, rational understanding of related problems, avoid overly emotional. Specifically:

The court shall confirm whether -- land land ownership problems, as the fact that, in this case, the court found no identification of land land ownership, has little effect on the case itself, because land ownership is not inheritable property;

-- is whether the court has the right to deprive the discourse of the problem, of course, freedom of speech, who also have no right to deprive you of the right to speak, but need to recognize, you in the courtroom discourse, shall be subject to court orders, in practice, some in the discourse are irrelevant to the case, the court to stop, is also a reason in the concrete analysis;

-- the judge deliberately concealing evidence, whether the problem. The judge has no right to conceal evidence, once hide, it is the. But the key behind this problem is, in your case, the judge is not deliberately concealing evidence? It is difficult to identify;

-- not sentenced to house illegal rights after the demolition, in the current legal environment, corresponding to the provisions of the relevant regulations, ways of combining local housing demolition methods for adults. Because the law can not determine the specific of illegality and local regulations, temporarily unable to give a detailed scheme.

Three, summary

To sum up, in this case, if the parents have not been converted, housing renovation, the court is entitled to there is nothing wrong with your nephew corresponding inheritance; if the parents leave property has reconstruction, rehabilitation, the court according to the law of succession to confirm your nephew has the right of inheritance, or parents of the left part of the property to build, renovate, court decisions confirm your nephew has converted part obtains the right of inheritance, are against the law provisions.

 

516Ask: Hello, big lawyer!I bought a second-hand car now, the original owner and his son not son, will sell the car I. His father didn't know. What trouble I transfer?

Answer: if the owner is the son, and the adult, then he has the right to dispose of their own property, which he shall have the right to sell the car to you;

    If the owner is the father, you can only his father signed second-hand car trading agreement, the unauthorized, unauthorized disposition of the vehicle.

    If the owner is the father and son were there, then sell the vehicle shall be father and son both party agreed;

    Whether the vehicle ownership to who, the signing of the agreement and payment before the best to the vehicle management department inquiries the vehicle is secured, attachment or not knot of traffic accidents, in order to avoid disputes. (Du Hongtao, Sina micro-blog@Major case-Du Hongtao.

  

517, Q: I have an urgent matter to attend to. Would you please help me now, the details of the incident were sent to you, please help me some advice.

There is a four storey building, home Square not, a layer of less than fifty square. Levy land was my grandfather to my dad, my uncle, my brother three people, my dad is from my uncle and his money to buy the land hand built house. In the process of building a house, it was my father to cover, not spend a penny to my uncle uncle. Later, my father my mother divorced, when my dad died, building on the first floor is divided into two rooms, a return to us to live, another let my grandfather lived pension (two rooms only separated by a wall), the remaining three layer upstairs all in my mother everything, from the levy to date until now, the room my grandpa lives of all water and electricity are we a. Originally this four floor all the house property card is written in my mom's name, but in2002Year, my uncle and my partner to do business on, put forward to want to mortgage the house loan bought coal trucks (when my brother was very young, my mother for all these things do not know, my father has died), but put in case of business failures that my grandfather had no place to live, it suggested that the the room is my grandfather's property permits separate out, write my grandpa's name, results in my uncle encouraged and deceive, the house property card is to separate out, and writing is my grandpa's name.

House property card points out not long ago, my grandfather because of cerebral paralysis, bedridden for more than ten years, gradually confusion, people do not know, the body can not take care of themselves. In the period of bed rest, are taken care of by my uncle and brother take turns (because my father died, my mother raised three children, want to go out to work and earn one family living expenses), but the condition is my grandpa's retirement pay is my uncle took care of each month, but my aunt had to pay my uncle is the cost of two thousand yuan. Because my grandfather has been paralysed and confusion, so there are no wills.

A few days ago, my grandfather died, the house property card to my uncle. Now my uncle to his identity with the property permits, housing demand is put forward, and my uncle wants to participate, all want to housing distribution. Now evidence my uncle on my grandfather's name is written in the property card, and my family did not get out what evidence, only when the divorce certificate to write the whole building is my mom all.

Yesterday my uncle suddenly took out a letter of agreement, probably content is my mother agreed that my dad to my uncle bought the agreement is invalid, and my mom's signature and fingerprints, but my mom said she never remembered it, suspected that this agreement is forged, thought is that fingerprint identification not really.

I would like to ask, like this situation, if the court house to return home, all odds have how old? Will there be by my uncle, my brother, each divided into 1/3 situations?If we want to win the game lawsuit, we need to prepare some what material?

It is suggested that we agree to my uncle, the money, the house will come back. I would like to ask, such a situation what court chances, worth to court?

Very much looking forward to your reply, thank you!

Answer: First: if there are no other evidence, the property should be your mother for your grandfather's gift to you, given the fact, the behavior of donation effectively. Now belonged to your grandfather's legacy. No valid will only legal succession. Secondly, if you have not signed the mother you uncle show agreement, you can apply for the forensic identification, confirm the authenticity of the fingerprint.

On the succession, grandfather died, the room in accordance with the "law of succession"10The provisions of article, by her grandmother (topic no mention of presumption of death), children: your uncle, uncle, aunt, because of your father, your father passed away, so you and your brothers and sisters common inheritance. That is to say that a room you uncle aunt all the inheritance1/4.

 

518Ask: Hello. We are going to divorce, before he wrote divorce agreement both sides have signed. He recently wrote a new one, let me get out, before also effectively do, the house at the time of writing his father's name, buy a house by the friend's money, he also married. The shares of the company he registered his mother's name. Now he's not what property, there is no legal measures what? Find ah! Thank you.

Answer: if the first deal for you willingly sign, proposal today received this not to sign, the first shall prevail. In addition, effect of signed the divorce registration before the divorce agreement, there are disputes in judicial practice, all processing is not a. Generally speaking, no matter what kind of signed agreement, if signed, as long as not divorce registration should be back, can through the divorce proceedings, request the people's court shall be divided for property. But you need to find evidence to prove that the property of the first payment and loan is repaid by your husband first. Then a part of your house is the joint property of husband and wife, you have the right to get their fair share. Secondly, on the shares of the company: if it is in during the existence of marriage to the joint property of husband and wife funded the company, should also be community. But in the case of special actual investor is not registered shareholders. So, you need to find evidence to prove that you are the actual investor. According to the relevant laws and regulations, the actual investor and the nominal investor can be agreed, by the actual investment capital and enjoy investment interest, in the name of human capital, the nominal shareholder, shall have the right to claim ownership of the actual investor recognizes the investment. So you can legally claim division of the couple's joint stock extremely income. (Zhiqiu guest, Sina micro-blog@Major Zhiqiu guest)

 

519Q: house, book, pay a deposit,2The house has increased year after opening10Square meters, how negotiations

Answer:1The delivery of the deposit book, your house, if signed a subscription agreement, according to the agreement in the liability for breach of contract section require developers to assume liability for breach of contract; if there is no agreement to area difference, you can claim the developers default require double the return of deposit;

2According to regulations, "City real estate management law" provisions of article fortieth, without a pre-sale permit before the subscription book invalid, if so far, developers have not yet achieved pre-sale permit, you can claim the subscription agreement is invalid;

3If you sign, the subscription agreement, has full payment, according to the "regulation on the law applicable to a number of commercial housing sale contract dispute cases the interpretation of" the fifth Supreme People's court, the commercial housing subscription, ordering, reservation protocol with the "Regulations" pipe sales of commercial housing sixteenth provisions of the purchase contract mainly content in accordance with the contract, and the seller has received the purchase, the agreement should be identified as the purchase contract. For the current housing area more than10Processing square meters, according to the "commercial housing sales contracts of the Supreme Court judicial interpretation" provisions of article fourteenth of the contract, on size error agreed, in accordance with the provisions, if no agreement, (1) area error not more than3%, (just clearing2Exceed3%And, you can request to terminate the contract, request the return of property developers and interest; or to continue to perform, the area within 3% error than in (including 3%) of Fangjiekuan by you in accordance with the agreed price up, the area of error than the more than 3% Fangjiekuan assumed by the developer, the ownership of your. (Du Hongtao, Sina micro-blog@Major case-Du Hongtao.

  

520Q: a drunk driver, to ca.3Meters per second from behind the pedestrian impact, and killed in from the point of impact24.9After fleeing meters. Video from the driver has extinguished headlights, turn, turn on the headlights, and the skid marks. The two damage the victim's behavior should be sentenced to the crime sentencing what, how?

Details are the families of the victims through the hand-painted site map and video monitor to see. If the relevant evidence to the court to ignore the victims' families mentioned (not accepted, not sure, don't explain), the families of the victims have what effective way to let the court to confirm the related links and the evidence really exist or say something chart and the video to see the accident right, best can give and written reply. What is the law?

The traffic department as the case to be identified as a traffic accident, not handing over criminal investigation department, they are considered to be a hit, not the first second negligence, intentional to consider.

A case involving human life is to be treated with the utmost care Master Zhijiao Thank you very much!

Answer: the driver if knowing that hit the people still the implementation of the two injury behavior, is suspected of murder, according to the provisions of the criminal law will be sentenced to death, life imprisonment, for more than ten years in prison, if the circumstances are relatively minor will be sentenced to three years in prison. But the establishment of this crime have sufficient evidence to prove that. Only by the light changes, the skid marks, are still unable to identify the driver implementation of intentional homicide. The cause of death, the traffic accident responsibility identification key evidence is needed, comprehensive analysis.

The driver at least suspected of the crime of traffic accident, the public security authorities identified as the traffic accident also belongs to the category of criminal cases, does not rule out the possibility of new evidence in the further investigation and qualitative case may change. At present the case should be in the investigation stage, the court will not receive relevant evidence, the court in the trial stage through the trial to confirm the legitimacy of evidence, real. Suggest you to the public security organs to fully understand the information on the case, and provide evidence for the cause of death, if you identified in doubt, have the right to apply for re identification. If the public security organ illegal behavior in the process of handling a case, you can go to the procuratorate appealing against violations of relevant personnel department. If the court were not satisfied with the results, you have the right to apply for the procuratorate protest. (Fan Haibo, Sina micro-blog@What time can not write these at sixes and sevens)

 

521Ask: Hello. My husband and I99Years of work, the public, both old, not moving too much, will contract the land back to the collective, now we are back to the home, want to return to the land, not to the leader. What idea is there?

Answer: you can go back to the land contract, pay you back the contracted land is that procedures are in compliance with the law. According to the "rural land contract law" article29The provisions of the contract, the contractor may, is the voluntary surrender of the contract land, but must be in written form, if only orally, then return the act invalid, you can and the village committee consultation, negotiation, mediation or negotiation, not the mediation fails, to the rural land contract arbitration institution for arbitration, can also directly to the people's court. But if you apply to return the land in written form, and the committee agreed with, then in the contract period, you are no longer required to contract land. Sina (micro-blog@Major case-Zhu Wenliu.

 

522Q: my brother, usually not good conduct, last night he was riding a motorcycle, robbed a passer-by package, later found to be garbage, caught by other passers-by, he is a crime?What crime committed

Answer: according to the provisions of the relevant laws of our country, your brother does not constitute a crime. However, the behavior is in violation of the relevant provisions of the administration of public security shall be subject to administrative penalties, the relevant. Sina (micro-blog@Major case-Wang Yanguo.

 

523Q: working for somebody else, accidentally injured, the boss paid medical costs, delay costs would you like him to pay?

Answer: according to the "Regulations" industrial injury insurance thirty-third workers suffered an accident or suffers from occupation disease need to suspend work accepting inductrial injury medical work, in the suspension with pay during the period, the original wage benefits unchanged, from where the unit paid monthly.
Shutdown leaves firewood period of not more than the general12Month. Serious injury or exceptional circumstances, the confirmation of the Municipal Committee of labor ability appraisal districts, may be appropriately extended, but the extension shall not exceed12Month. Injured workers disability rating assessed, stop hair primary treatment, enjoy the disability treatment in accordance with the provisions of this chapter. Workers in the suspension with pay after the expiration of the treatment still continue to enjoy medical treatment of work-related injuries.
Life can not take care of the injury lay off workers pay period in need of care, from where the unit is responsible for.
So your boss although paid medical expenses, but you can ask the boss for pay throw lost wages according to the original salary to compensate for your loss. (Law Students-Zhu Kaiyue.

524Ask: the flow of China Mobile, the remaining cannot be accumulated to the next month, not enough to charge, the prosecution?
Answer: for China Mobile flow can not be accumulated problems, due to flow the package itself as a package to move some conditions, the additional as long as not violating the relevant rights of consumers and in advance to the consumer as to the explanation obligation, is not illegal. The flow can not be accumulated with unreasonable to consumers, but we should also see the role of the market, such as the flow rate is insufficient charges, mobile and stack package package. A sufficiently open market, can make the enterprise has the pressure better services for consumers.
Whether for prosecution, that is: public prosecution is the procuratorate crime suspect to the people's court complaint, request the people's court shall be investigated for criminal suspects criminal liability litigation. It belongs to the civil disputes, litigation nature of civil litigation. According to the relevant provisions of the "Civil Procedure Law", if you are a mobile user and the use of the flow of services, can be disputed the court. The move, to hear the views of consumers, it might not be beneficial attempt. Zhang Lei. Sina micro-blog@OHThe pig is not fat) 

525Q: A and B, co-author of a book, a want to publish, B does not agree, after death a B, the novel published. I would like to ask whether B copyright can be inherited to their children, spouse, if you can, what can the children spouses enjoy copyright?

Answer: A, "people's Republic of China Copyright Law" Ninth Article copyright owners shall include: 
　　(A)Author; 
   (Two)Other enjoy copyright in accordance with this Law citizens, legal persons or other organizations.
Note: the copyright is a kind of common civil rights, the subject scope including: a natural person, legal person, other organization; in certain circumstances, country is also the subject of copyright.
The author (the citizen) death or termination (as legal persons, other organizations), its property rights in copyright can be inherited or transferred, the heir or legatee became the copyright person. In addition, copyright can also gift, bequest and transfer. However, the copyright person right is exclusive, only enjoyed by the author.
So B spouses and children belonging to the legitimate heir may inherit B, copyright.
Two, "the people's Republic of China Copyright Law Article tenth
Tenth copyright includes the following personal rights and property rights: 
　　(A)The right of publication, that decides whether the right to reveal to the public works; 
　　(Two)The right of authorship, that the identity of the authors, the signature on the right in the works; 
　　(Three)The right to amend, alter or authorize others to modify the rights of works; 
　　(Four)The right of integrity, the protection work against distortion, mutilation of the right; 
　　(Five)The right of reproduction, namely to printing, copy, rubbing, audio, video, rip, copy method will work to make one or more copies of the rights; 
　　(Six)The right of distribution, which provide the originals or copies of their work to the public by selling or donating rights; 

(Seven)The right of rental, which is paid to license others to the temporary use of film and film production in a similar way to creative works, computer software rights, except the computer software is not the main subject of the rental; 
　　(Eight)Right of exhibition, is the public display of art works, photographs or reproductions of the original right; 
　　(Nine)Right of performance, namely the public performance of works, performances and use various means of public broadcast works right; 
　　(Ten)The right of presentation, namely through the projector, slide projector and other technical equipment as fine art, photography, film and film production in a similar way works and other rights. 
　　(Eleven)The right of broadcasting, namely public wirelessly broadcast or dissemination of works, with cable communication or broadcast to the public in the form of a broadcast work, and the right tools through similar loudspeaker or other transmit symbols, sounds, images of the radio communication to the public works; 
　　(Twelve)The right of communication through information network, which provides the work to the public by wire or wireless means, so that the public can get works at the special time and place the right; 
　　(Thirteen)Right of production, the film or film production in a similar way to fix a work rights on the carrier; 
　　(Fourteen)The right of adaptation, that is to change the work, to create a new originality rights; 
　　(Fifteen)The right of translation, the works from one language into another language rights; 
　　(Sixteen)The right of compilation, the works or passages through selection or arrangement, assemble new works right; 
　　(Seventeen)Other rights to be enjoyed by copyright owners. 
Copyright owners may license others to exercise the preceding paragraph(Five)Xiang Zhidi(Seventeen)Provision of rights, and in accordance with the contract or the relevant provisions of this law to obtain compensation. 
Copyright owners may transfer all or part of the first paragraph of article(Five)Xiang Zhidi(Seventeen)Provision of rights, and in accordance with the contract or the relevant provisions of this law to obtain compensation.
The right of publication, the right of authorship, right of revision and the right of integrity belongs to the personal right, the rest can be inherited and the transfer of property rights. Spouses and children can inherit the specific item is the.

 

526Q: how to save, in the folk capital operation of Beihai people through the legal way, called1040Plan

Answer: the criminal may involve crimes including illegal pyramid selling, fraud, light point is illegal absorb public deposits, this is to see concrete evidence to decide. Lin Xuehan.

 

527Ask: Hello! I was in Nanyang province Henan city Nanyang District Baihe office Lin Zhuang Cun Zhou Ying natural village2The West Group of villagers. Our village800Mu of cultivated land has been requisitioned by the state, enterprises do industrial land sold to Wang Laoji. Today, the village cadres meeting, who accounted for cultivated land, who penny. Cultivated land with thirty year motionless policy but before, the village many wife and children account, but not to the cultivated land, the government now put the land sold, the no people now do not get money, will also not to, what do they do? Practice correct local government? No more villagers how to safeguard their legitimate rights and interests? Secondly, the same land, some to a mu95300Yuan, some more88000Yuan, some more72000Yuan, is this why? Prior to the72000Million mu of land, the villagers have trouble, and now to88000Yuan, this price how to settle down? Next Monday will be money, one is2West Group had almost60Not a point of cultivated land, and also3A group of

Answer: first, the land requisition in our country and into industrial land has very strict restrictions, you have a look whether the process of legal. First, according to the relevant laws, agricultural land conversion and land acquisition approval of the State Council and the province, autonomous region, or municipality directly under the central government, you can consult the examination and approval authority is legal. Second, land expropriation is related to plan targets, you can have a look whether meet the index. Third, the farmland requisition index is the most difficult, you can also learn from this. If you do not meet the above conditions, the land is illegal. Of course, you can also from the land acquisition process of the local government, there is no illegal.
Secondly, China's household and land compensation system is linked, to specifically look at your local local policy. The land requisition compensation is usually according to compensation, not by households to compensate, so there may be more dominant.
Finally, the price is determined by the villagers and local consultations, according to the standard of compensation is usually cultivated land30Double compensation, the compensation standard for each specific place are not the same, this also requires you to understand the specific local compensation standards. However, both sides can negotiate, thus leading to some high and some low phenomenon.
If you want to protect your rights, you can consult the relevant departments of the State Council legal departments, they can give you a more detailed answer. (Wang Gang, Sina micro-blog@De Heng Wang Gang)

 

528Question: enterprises, problems1992Years after the original Yueyang City suburb of government run the establishment of national enterprises, under the original District Office of the food industry management, food do into the former suburb economic commission. No government investment, we three people (one of whom is a legal person) credit materials, please craftsmen built, housing a total of18OOSquare construction area. At this time, the house has been built, the materials to pay people the door for his. Helpless, the government departments should we think of a way to, use your three leaders of the real estate loans to banks, the legal person does not have house property, but with our two real estate loan2OMillion yuan, now, haven't we, the property permits remand in bank. In fact at that time2OMillion yuan enough to repay, and part of the funds to the development of production. Two000Enterprise decoupling for private enterprises, we have been unaware, because corporate Sike false company administrative departments and government commission signed chapter Agreement, enterprise workers didn't place, no clear property. There is no clear who are the shareholders. Logically, we borrow money, that is to say we are not out of funds, corporate investment. Now the collection, collection to the corporate office will sign. Now the legal Juankuan don't. We did not get a penny. I ask you: whether we should enjoy the expropriation compensation and resettlement of enterprises? Please indicate. What hope, caused by a sense of!

Answer:1, enterprise restructuring and levied involving local government documents, the resettlement policy and taxation policy also asked local authorities consulting.

2, according to2000Enterprise decoupling for private enterprises, the central enterprises for reference, you can through legal proceedings against the company, the legal representative of the enterprise and other equity confirmation and settlement of employee

3Now, about the "collection", collection of money to shareholders, and confirm the shareholders of enterprises related to "decoupling" when stock identification.

4Now, given the two of you also relates to the property permits in custody and arrears outstanding problems, suggests starting procedure and other equity confirm as soon as possible about resettlement workers, enterprise restructuring process procedures to safeguard their legitimate rights and interests. (Luan Xinghui, Sina micro-blog@Xing HuiEr)

 

529Ask: Hello. I am Unicom users, flow It is without rhyme or reason. detained, in June 2nd by the China Unicom SMS notification that flow to the super about one hundred and thirty trillion. Impossible. Just forty trillion said to flow obviously also said about one hundred and thirty trillion one hundred and ninety trillion. So call charges, flow. China Unicom system SMS reply said I account balance is about five million two hundred thousand, I wonder, my balance is only sixteen yuan. So call confirm. After artificial inquiry calls the remaining sixteen yuan, flow not over, not as text messages to remind said. Yesterday, China Unicom customer contact and I said that I wanted to do, ask what do I need to pay? What should I do? This is not my fault. System error, I should get compensation? If we can get compensation, should I?

Answer: if China Unicom is willing to compensation, compensation or the amount can be determined in consultation with each other.
1According to the "contract law" article one hundred and seven, you can to the claims of the other side does not comply with the contract to perform the contract liability for breach of contract. May be required to take remedial measures, or to compensate for losses of liability for breach of contract.
2According to the "contract law" Article 112nd if a party fails to perform the contract or its performance of the contractual obligations is not in conformity with the agreement, to take remedial measures after the performance of obligations or, other losses, shall compensate for the losses. 
Article 113rd if a party fails to perform the contract or its performance of the contractual obligations is not in conformity with the contract, thereby causing loss to the other party, the amount of compensation for losses shall be equal to the losses caused by the breach of contract, including contract can gain, but shall not exceed the party in breach the contract was foreseen or breach of contract may result in losses should have been foreseen by the. Then you can ask for compensation for breach of contract, but in view of the fact that you did not bear the actual loss, and no breach of contract and the actual amount of gold, so you can ask for compensation for damages for breach of contract, the specific amount by the two sides decided.
3According to the "contract law" two judicial interpretation,29Article the parties concerned agreed liquidated damages are too high request 
When reduced, the people's court shall, on the basis of the actual losses, comprehensively considering factors of the performance of the contract, the extent of fault of the parties and the anticipated benefits, according to the principles of fairness and good faith shall be measured, and make a ruling.
The parties of gold more than thirty percent default loss, can generally be identified as the contract law, the provisions of the second paragraph of the 114th"Excessively higher than the losses caused by". These provisions as the requirements of default payment of compensation reference. Sina (micro-blog@renheit)

 

530, ask: Hello, I have a dispute would like to consult, six years (the people's commune government now) over a village farm, pipe without compensation, for decades the villagers not to farm ownership dispute, the government in nine years, when the farm out, but now the villagers request over compensation, I would like to ask now farm ownership from a legal standpoint belongs to the government

Answer: in accordance with the "land management law" article8And the "Land Management Law Implementation Regulations" article2A city suburban, rural and rural and city suburbs have been confiscated according to law, expropriation, requisition for the state-owned land; land requisitioned land, owned by the whole people, namely the state ownership of land.
And, according to the and1995Year "to determine land ownership and use rights provisions" of article16The provisions1962Years9On "sixty" published previously, the original rural collective use of overseas Chinese farm units under ownership by the whole people, city entity under collective ownership and collective ownership of all land(With the cooperation of individual land before)So far, no back to the collective farmers, belonging to the state
Therefore, according to what you say, six years the commune took over the farm, shall belong to the state owned land, rather than the rural collective land.
Also because of decades of villagers have no objection on the farm management authority, and therefore not suitable for2001Years1Month17The day of release of Ministry of land and resources and the Ministry of agriculture "law on the protection of legitimate rights and interests of state-owned farm land views" for the principle of land ownership dispute.
Therefore, the farm belonging to the state-owned farms, the government on the disposal of state-owned farms, the villagers have no right to claim. (Lv Yang, Sina micro-blog@Blue Unicorn sheep)

531Q: my parents, working in Chengde! Midway father fight with others! Being made of wood hit to the head, to come to the rescue by walking! Caught the murderer, negotiate with14Million! After my father walk down the rescue invalid death! This whole thing by my mother for! All of our children, relatives all don't know! Now my mother and a man! Only know that in Chengde City, the only one of her telephone number! Does this case should be through which government department? We don't have any evidence to prosecute this case? If the suit after she didn't respond to how to do? Check to rescue, the hospital diagnosis for us to have what use? Thank you

Answer: you provide may have multiple legal relationships, we according to the comprehensive analysis of relevant laws:
1Your father was wounded, after the heavy injury, do not exclude serious injury, I do not know at the time whether to give an alarm and identification. If a serious, shall start the criminal procedure of investigation. Therefore, check your father was treated at the hospital and copy relevant rescue, treatment of medical record data, to determine whether your father is quite a help to cause serious injury. If the system seriously, you can further consultations and damage caused by the issue of compensation, and put forward accuse requirements shall be investigated for criminal responsibility by the harm to the public security organ.
2Your mother, the whole handling private matters with the perpetrator and accepting14Million yuan of compensation, the compensation system for injurer to your father's property, now your father died, you as the heir is entitled to a portion of the indemnity, but your father has taken part in the heritage range not.
3First, you can find your mother consultation question of inheritance, such as differences of opinion, to your father's death has his domicile or the place of main legacy. A lawsuit in the people's court. Proceedings in the main evidence is presented:AYou, as a legal successor documents, such as the account of this, direct proof of kinship etc..B, prove your father left a legacy, apply to the court for the necessary you can apply for property preservation methods for your father's bank deposits, other property.
4, in accordance with the civil procedure law, your mother if not responding to the court by the statutory procedures, after service can be a judgment by default. Sina (micro-blog@Colors fade)

 

532Ask: for exampleKTVWhich items are damaged compensation prices are often too high in the civil law, the effective?
Answer: according to China's "tort liability law" article19The provisions:Infringement of property, property losses calculated in accordance with the loss occurred when the market price or other means. If the direction of your claim is far higher than the market price,You have the right to refuse,Only pay the corresponding price. But if there is clear evidenceKTVThe price of the goods, such as items related to purchase invoices, although higher than the market price, should also be compensation, but can deduct depreciation and other related costs(Cai Shengqi,Sina micro-blog@Major case-Cai Shengqi)

533, Q: in civil execution process for the implementation of the subject-matter is other people to apply for court, sealed, this will be how to apply for execution, result? Thank you.

Answer: according to your description, combined with the relevant laws, speculation may be you for the implementation of the property, but also have to apply for a preservation measures, so the court on the implementation of the subject matter to take preservation measures, also is the attachment you say.
1According to "the Supreme People's Court on the implementation of a number of provisions" 71The outsider's objection, the court shall be examined in accordance with the provisions of the civil procedure law article 208th. During the period of review of property seizure, seizure, freezing preservation measures, but not for punishment. Ongoing sanctions Measures should be stopped. 
Objection reason after review that the outsider is not established, the court rejected the objection to execution. 
Based on your description that is to say, the case has been on object of application execution objection, the Court adopted the preservation measures. If his objection can not be established, then the court will continue, if you won't have to worry about.
2According to the "implementation rules"73Article The implementation of the subject matter does not belong to the effective legal documents specify the specific delivery, 
After review that the outsider's objection, reported to the approval of the president of the subject matter, to stop the execution. Has taken to implement the measures shall order the immediate release or cancellation, and will The subject matter to the outsider. If the application execution objection review by the establishment, so has been executed to return.
According to the provisions93Where the people's court attachment, seizure or freezing of property have priority, security interests, may apply to participate in the distribution program, claim priority. You can still according to the contract of guarantee or such agreement claim priority.

 

534Q: a house, registered in the mother's name is mother and wholy owned buy, if the mother wants to give the house over to her daughter, agreed to his father?

Answer: according to the current "marriage law" article17Article, article18Tiao Hedi19The provisions of article, a party to the husband and wife premarital property as personal property of husband and wife; during the marital relationship with common property to buy houses, even if the registration is the joint property of husband and wife in the name of a party. If the mother house before purchase for personal property; but if married to buy, even if the registration in the mother's name, also need to prove their investment income (non marital income) of personal property.
Therefore, according to the information you provided, if the house is to buy his mother a full funding in marriage, the mother has the right not the father agreed to house to the name of the daughter. But if the house during the marriage to buy, even if registered in one name, also belong to the joint property of husband and wife, the real estate transfer is required after the father's consent, or father shall have the right to know the part of real estate transfer date asked to retrieve their contribution.

535, Q: I have a case (for application for public information disclosure: Rugao Software Park building command mechanism properties and set up procedures),Is an application to the people's Government of Rugao city people, because there is no reply,To Nantong City Hall application for reconsideration, the reconsideration period let me apply to the Rugao high tech Development Zone, and inform the,Rugao software's no command is a temporary organization,The rights and obligations under the high tech zone. Shall be ordered to make public information, but the Rugao City Hall reply: Investigation,Rugao City Hall no relevant information in Rugao city software diagram construction headquarters staff and set up the procedure. I how to safeguard their own interests.

Answer: according to your description, you first to the people's Government of Rugao city people for information disclosure, the Rugao Municipal People's government did not respond, then you apply for reconsideration, to Nantong City Hall, received Rugao City Hall reply"Via checking,Rugao City Hall not Rugao Software Park building command mechanism properties and to set up a program related information."I think you can be in Rugao City Hall reply to the Nantong Municipal People's government administrative review. Because
According to the "Regulations on open government information" provisions of article ninth, Rugao City Hall without Rugao Software Park building command mechanism properties and to set up a program related information, should tell you how to take the information. So I suggest you according to the Rugao City Hall reply, bring an administrative reconsideration to the Nantong City Hall request reconsideration:
　　1Confirmation of Rugao City Hall reply illegal.
　　2Request of the Rugao City Hall told access to the government information (Rugao Software Park building command mechanism properties and to set up a program) and the way.
The legal basis:1"Regulations on open government information" ninth: The administrative organs of government information in accordance with one of the following basic requirements shall be disclosed voluntarily:(Three)The administrative authority, functions, procedures and conditions;
　　2"Regulations on open government information" in paragraph 1 (A: twenty-first)Belong to the scope of the public,It shall inform the applicant to obtain the government information and the way.
　　

536, Q: Hello, please ask a question. I rented a house hosting company house now, and5A month, rent to the8Month, the deposit2000, the rent1000Monthly. Now three elevators are bad, also want the most quickly2A month just to repair one day, go up the stairs25The building is very painful. And hosting company consultations, they only return not enough for rent, no deposit refund. This reasonable?

Answer: at present, your rental housing due to long-term can not repair the elevator, has seriously affected your use, according to the "contract law" article94The provisions of article by default, the lessor has a serious impact on the purpose of the contract can not be achieved, you have the right to terminate the contract, and shall have the right to request the lessor to compensate for your loss. Rental deposit is generally to ensure fulfillment of the contract to pay to the owner at the margin, termination of the contract shall be returned. The elevator long time cannot use led to your request to terminate the contract in advance, because the lessor itself, you do not exist default, so the lessee shall have no right to deduct your deposit. (Du Hongtao, Sina micro-blog@Major case-Du Hongtao.
    

537I, q2010Years5Month4On the purchase of a building contract2011Years1Month30But the developers has been to launch on insulating layer The inner wall construction did not complete the various reasons not to others, and now the house has been completed, the owners have found developers, he always said that two months of others, until now still not others, ask the teacher to give advice about how to get the house.

Answer: according to "the Supreme People's Court on the law applicable to a number of commercial housing sale contract dispute cases the interpretation of" Fifteenth according to the "contract law" in article ninety-fourth, if the seller delays the delivery of housing or the buyer delays payment, a reasonable time limit after being urged not fulfilled within three months, the parties a request to terminate the contract, it shall be supported, except otherwise agreed by the parties. If the housing sales contracts for the late others have agreed, it shall be handled according to, you can ask the developer default payment of compensation; not agreed then you have the right to request the termination of the contract.
    Secondly, the judicial interpretation of the provisions of article nineteenth: commercial housing sales contracts agreed or "Regulations" City real estate development and management thirty-third provisions for more than a year the housing ownership registration deadline expires, the reasons of the seller to the buyer, not for housing ownership registration, the buyer requests rescission of the contract and compensation for the losses, it shall be supported. If developers can not give you handle property right card within the specified time, you also have the right to terminate the contract or compensation for losses.
    If you meet the case to terminate the contract, it may terminate the contract as a condition of negotiations for developers as soon as others.
    You can also with other owners together to make a complaint to the local housing management departments, the Housing Authority urged developers sought to please. (Du Hongtao, Sina micro-blog@Major case-Du Hongtao.

538Q: my girlfriend, opened a small shop next door installed air conditioning and clothing a little small problem, the next was sitting in the doorway scolded, later called half hour directly into the store and find another man in black and grey coat man my dad a blow to the head, girlfriend and store three girls are the injured, the continued violence8Minutes, brow to crack, fracture, blood all over the floor, from A to Z my father was beaten, didn't also changed hands, now people woke up still leave courtyard observation. When my father sent to the hospital home another shop was with a group of people to go up, the plot is bad, the thing has been almost a week, but there is no record of police arrests, what do, say to loss assessment can be sent, you how to let the mob restrain by law?

Answer: according to the provisions of the relevant laws of our country, you need to go to the public security organ to ask whether to put on record, if the public security organ shall not register, you can go to the people's Procuratorate to apply, in accordance with the relevant provisions of the criminal procedure law of China, the procuratorate have the right to supervision, so that it can turn on file for urging the public security machine; second, if the public security organ to make not filing the case decision, and check the authorities make a non prosecution decision, you can according to the criminal procedure law, bring a private prosecution to the people's court, the criminal supplementary civil action, which can solve the problem effectively. On bring a private prosecution period, you will need to provide relevant evidence, so you need to keep your father's wounded medical identification, related materials and property loss. Sina (micro-blog@Major case-Wang Yanguo.

Supplementary answer: first, if the degree and the harm of others your father reached more than minor injuries, then the other party may constitute the crime of intentional injury. As for how to damage identification in criminal cases, has made the case, the public security organ organization identification;If it has not yet been established criminal case, then you can entrust the qualification appraisal institutions appraisal, if you are injured, you can request the public security organ for investigation!

Secondly, the other hit stores of the alleged acts of vandalism, but the premise is the destruction of public or private property value and property value, problem identification involved here. The same solution identification problem.

Third, if you were not injured, and destruction of property value is little, the other party may also constitute the crime of trouble. Each other and they beat the others, any destruction of public or private property, undermine social order behavior is the objective manifestation of the crime of provocation, thus constituting a crime. In this case the defiance and affray crime and the crime of intentional injury, intentional destruction of property crimes should not be imposed, only each other does not constitute a crime before two may only be considered criminal responsibility shall be investigated for other crime.

Disclaimer: this Micro message platform solution according to the advisory information, on behalf of the respondents, personal point of view, for advisory reference. (Liu Jiandang, Sina micro-blog@On the trial of those things)

 

539Ask: I am now, heritage inherited by his family to court, asked the court for his family parents made his whether has the capacity to identify. The identification results are parents incapable, but this is contrary to fact. Obviously, this is to find someone to give money to the family. How do I face such unreasonable results? If convenience can interview. The Ministry of justice Forensic identification unit to the judicial identification center.

Answer: recommend you Beijing road into the Sun Shiqi law firm of lawyers18611635990, they have a central lottery funded legal aid project, focusing on assistance to women, children, elderly, disabled, migrant workers, if meet the conditions, they can be free to provide full legal aid. You can contact them about your situation, if they have what good advice. Contact when you say is "big" recommended.

 

540Ask: Hello, my friend, is the case: he toldAThe company signed labor contracts, and then go to the work placeBThe company, not the labor dispatch agreement, until the departure,BThe company gave him a proof of departure, he knows that he is inBCompany. After leaving, he went to the Arbitration Commission, requirementsBThe company paid no money labor contract damages. The arbitration committee, said he andAProof of the labor contract that proof of separation and strong, he requested does not support award. Excuse me, what is the legal basis for arbitration according to? If he is indicted, how to safeguard the legitimate rights and interests? Thank you

Answer:1No, although labor dispatch agreement, but personally think that the labor dispatch has in fact. But the laws do not sign labor contract to return two times. Therefore, not toAAndBProposition two times compensation.
2About your rights and interests, safeguard. Since it is the case of labor dispatch, then you andALabor contract has not been removed, you may be requiredAFor your work.
3, ifADo not provide job, don't let you go to work, which is similar to the rescission of the contract and you, you can askARequirements of economic compensation. (Jing Hao, Sina micro-blog@King Mu Siyu)

 

 

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

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