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 421st to 450th legal consultation

 

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

 

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:

 

421, Q: so, when my uncle in my grandpa had not died will transfer house. My mother never want property, according to the common sense not to support the old man? It is my uncle or my grandmother, a weekend went to the suburbs, leaving my grandma's home. My mother but received my home, my grandmother also some dementia, now send my grandma to the hospital, my mother one night, my uncle didn't make it to one read, not to mention to replace my mom. Because of illness, my grandmother took a few years to pay the deposit of more than 50000 took up, then my mom put the card to pay my uncle, my mother let me grandmother to the hospital, my uncle just put my grandmother had a month's salary to my mom. My mom really very tired, also very confused. Although not big, heritage make originally good home like this. Do please, what solutions can. Want to understand their transfer of real estate? Whether we should try to maintenance obligations.

Answer:1If you say, "transfer" is not your uncle without your grandmother agreed property transfer procedures to handle? If it is, your grandmother can sue the housing management sector revocation property ownership change registration;2Grandma, you can sue your uncle to perform their duty.

 

422Ask: Hello! My brother credit card owe much to! Pay off all police in the case, including interest and taxes! And then find a guarantor pending trial, now the president of the court has been called for fifty thousand dollars. My parents are both farmers, advanced in age, unable to bear! May I ask if you do not encounter how sentencing! Why should we pay?

Answer:1, according to the information you provide, your brother in the police file after the repayment of arrears, that your brother has constituted a crime, and has accomplished crime, shall be investigated for criminal responsibility (probably the credit card fraud).
2Active, repay your brother in the period of investigation, which belongs to take the initiative to eliminate the consequences of the crime, the public security organs, people's Procuratorate shall recommend lenient penalties, the court should be lenient punishment.
3Can your brother to be in arrears, the bank has been in arrears bank apology, forgiveness, reconciliation agreement issued by the bank, for understanding and mitigating suggestions, according to the "criminal law" provisions of article 279th, be not to prosecute and lenient punishment effect.
4The president of the court, to pay fifty thousand dollars, there is no legal basis. Can your brother, collect relevant evidence, to the Commission for discipline inspection report, such as a blackmail and impose exactions on, can report to the public security organs shall be investigated for criminal responsibility, requirement. (Xu Kaicai, Sina micro-blog@Major of volunteers ice cool)
 

423, Q: I rented a commercial housing for the hotel, has been more than a year, found that Party A is not the original landlord, the contract still valid?

Answer: according to the information you provide, your rental housing ownership does not belong to the lessor, may have the following two kinds of circumstances:
First, the lessor is through to all housing lease the house and obtain the right to use. In this case:
1If you and the lessor, housing rental contracts signed with the consent of all housing, the housing contract you order, you will enjoy all the obligations of the contract.
2If your, housing rental contracts signed with the lessor is without the consent of all housing, the housing owners have the right to claim your house shall be null and void the contract, have the right to approve your lease contract. If the owner has the right to claim your house shall be null and void the contract, you have the right to the lessee damages because the contract is invalid and give you the actual losses.
Second, if the lessor by other means (such as the generation of management for the possession of the house). In this case:
1, the lessor is through other legal means in addition to lease out (such as the generation of management mode) possession of the house, in the name of the ownership of the house and your housing rental contracts signed, constitute the apparent agency, you could argue that the lease contract.
2, the lessor is through other legal means in addition to lease out (such as the generation of management mode) possession of the house, in his own name and your housing rental contracts signed, the signing of the contract fraud, the house owner can claim a lease contract, you have the right to claim for compensation for your loss.
3Through illegal means, the lessor is possession of the house, in his own name and you sign the rental contract, the lease contract, you have the right to claim the lessor to compensate you for the loss.
Because of the rental housing situation is more complex, difficult to brief clear description, you can ask a professional lawyer for your rights. (Xu Kaicai, Sina micro-blog@Major of volunteers ice cool)

424, ask: Hello, I want to consult. Premarital individuals funded the purchase of real estate (before full payment), and registered in one name. After the acquisition of real estate, whether it will be identified as the joint property of husband and wife? Because the property is registered, and property registration time in marriage. Thank you.

Answer: premarital property, should write you a personal name.
1According to the "property" marriage law of the people's Republic of China the seventeenth husband and wife acquired during the marriage, both the husband and the wife: (a) wage, bonus (two) production, operating income (three) intellectual property rights of income (four) inheritance or gift from the property, but the eighteenth article of this Law Third items stipulated; (five) other property that shall be jointly owned. And you premarital individuals funded the purchase of houses do not belong to this column.
2Real property is registered as a public method to, in this case you in the course of the sale of housing have registered housing ownership has been transferred to your body, and the delivery of real estate certificates do not produce housing ownership transfer effect, real estate certificate assignee can not only maintain the houses had been made ownership. For example House property card is lost, the house owner does not lose ownership housing, the right people to register records claim and exercise of right, and may request the authorities according to the registration book of records on the replacement property certificate. Therefore, the real estate property rights only need you to register shifts.
To sum up, the house should belong to the premarital property is your personal property (Yin Shiyang, Sina micro-blog@White law)

425Q: I, Li Tailin, and4.19And the people fighting, others alarm, then with the local police station people to play up, was later arrested, later detained certificate and warrant the same day4.29Or sent to the home, in the detention center, no one read, only one question I, said the signature15Day to go out, I was tricked into signing, has been in detention for more than a month, to the present case was never an argument, an arrest warrant was convicted of obstruction of official crime, sentenced to long term hypertension has not been in jail, I had a, and by police before sprained arm until now is not good, can I bail? Hope to get your help.

Answer:1As you said, that, you should be in jail, but a detention warrant and warrant the same day4.29Or sent to the home, not to you that, during this period belongs to the illegal detention, you can report to the people's procuratorate.
2, in the detention center, no one read, as you should be signed, is enough to show that you already know, there is no law; if you did not sign, can be regarded as a non announced to you, which belongs to the illegal handling, can be to the public security organs, discipline inspection or procuratorate report, they will give you the processing of replies.
3If there is only one person, "for I, says the signature15Day to go out, I was tricked into signing "situation, you may apply to the Commission for Discipline Inspection, the inspection report to the public security organ or the procuratorate, and apply for access to the interrogation room recording, to prove that the procedures for handling cases, illegal, illegal collection of evidence.
4The criminal procedure law of China, sixty-fifth  The people's court, the people's procuratorates and the public security organ to have one of the following cases of criminal suspects, defendants, can bail:
    (a) may be sentenced to public surveillance, detention or independent additional penal apply;
    (two) may be sentenced penalty above, release on bail will not take the danger to the society;
    (three) suffering from a serious illness, the life cannot provide for oneself, pregnant or breast-feeding her baby, release on bail will not take the danger to the society;
    (four) detention period expires, the case has not yet completed, need to take bail.
    Bail enforcement by the public security organs.
Bail is aimed at the special circumstance to suspect bail, guarantee the litigation activities carried out smoothly, not to the suspect's welfare, you said "I suffered from high blood pressure, and by police before sprained arm to now there is no good" situation, the completely have the ability to protect and you bail out curative effect quite, cannot be used as a guarantor pending trial subject (Xu Kaicai, Sina micro-blog@Volunteer Bing Ku). 

426 , ask: my father was a farmer, and the village labor contractor to the village houses, a few days ago, his work fell wounded, but the labor contractor and the house who refuses to pay the medical expenses, not to mention what compensation, they say you sue sue, sue for damages that I have no money it can give me how Now what do I do?

Answer: clear childe, Hello, thank you for your trust and consulting! First to your father expressed sincere greetings, wish him a speedy recovery. According to the information you provide, according to the relevant laws and regulations of China, the answer is as follows:
    According to China's "Regulations" provisions of villages and towns twenty-third planning and construction, the construction units to assume rural residential or individual craftsmen must have relevant qualifications. Rural residents building, between the contractor and the owner of the contract should be recognized as a contract, be the owner of the set, the labor contractor to contractor. As the employment relationship between your father and contractors, in the construction site after the fall, divide the liability subject in two cases:
    1If the contractor, rural construction qualification corresponding, it houses do not bear the responsibility for compensation. According to the "Regulations on certain issues concerning the application of law in the trial of personal injury compensation case explanation" article tenth and article eleventh the Supreme People's court, the building of the Contractor's instructions and selection of no fault, the Contractor shall bear the liability for compensation for your father.
    2If the contractor, without the corresponding qualification, the Contractor shall bear the responsibility for compensation. Houses are jointly and severally liable. The Contractor's responsibility to be big, the responsibility to the small number of houses. Construction site the house has no protective measures for workers, strict management, such as the task clearly, not drinking, will become the basis of division of responsibility. To see your father falls and his behavior has it doesn't matter, because if it is engaged in the independent and employment activities, your father should also bear some responsibility.
    The compensation for the project and the amount of compensation, to see your father three months after discharge for disability identification, according to local standards for personal injury compensation, length of hospital stay, disability, instructions for nursing staff to determine the requirements for medical expenses, disability compensation, compensation for loss of work time, care, nutrition, hospitalization fee disabled food subsidies, AIDS fees.
   You said the labor contractor and the house who refuses to pay the medical expenses, and allows you to tell them, this situation is very common in China, because in the countryside, and building contractors' economic ability is not very good, the compensation is very easy to come to a deadlock. Suggest that you look for the local village committee and township government, please their coordination, as soon as possible to cure your father's disease is the most important task. If the negotiation fails, you can hire a lawyer to sue, apply for advance payment of compensation to cure you of your father's disease. As for the labor contractor and the house who said no money compensation, but they escape the responsibility of one side of the story. Into the judicial process, according to the law of contractor, building's property seizure, freezing, seizure. The judgment results if the contractor, houses are refusing to execute, the court can give detention and fines shall, if the circumstances are serious may even violate the criminal law. (Chen Zhe, Sina micro-blog@PoisonZhe)

 

427, q:Xu teacher hello! I think the legal advice of. We are Hubei Guangshui Yingshan villagers, the government of our land to Siwanduoyi mu imposed. One part is the Municipal Engineering (a river scenic belt, a most is the lowest of eight hundred thousand one mu Qipai real estate development.) Most of the villagers have to households land money, but the public area of ten or twenty Mu and the fish pond village households money didn't lead, in the case the government led hundreds of people forced to repair the municipal engineering, but it also has a public area of the money did not take a cent. Land acquisition when government said at the time of our village in shantytowns, and posted notice said, shanty towns transformation of government, is a river on the date of starting. When the government started, the villagers to the scene to stop construction, and taken away three people to stop the municipal engineering, disrupting public grounds detained for thirteen days. Do they break the law? Our village is now how to meet our requirements.

Answer:1, the issue of compensation. As you call "public area" as a barren, barren village collective all land, this part of the land compensation should be the village collectives. Villagers contracted or leased ponds, in accordance with the law shall be given compensation, compensation for the transfer fee and the corresponding loss. Compensation should be paid directly to the fish pond ". On the basis of: "land management law" article47The expropriation of land, compensation according to the original purposes of the land expropriation. "Implementation of the land management law" article26Land compensation fees to the rural collective economic organizations; the ground attachments and young crops compensation fee to the ground attachments and young crops owners. The land barren wasteland. Only to land compensation, and the Beanstalk attached no land compensation fees. The compensation standard of the fish ponds, the provincial government or the people's government at the provincial government authorized areas will be documented.

Do not place in the compensation case, the government has no right to force the construction approach. All provinces have been the acquisition of basic subsistence farmers the local regulations and rules. Such as "Jiangsu Province, the land requisition compensation and the acquisition of basic subsistence farmers measures" article10Article2Paragraph: land compensation and resettlement fees not paid in land expropriation, the rural collective economic organizations and their members have the right to refuse to pay. According to the "Administrative Coercion Law" article1The provisions of article, the government forcibly cleared land on crops and fish ponds, which belongs to the administrative enforcement act. Because of "Administrative Coercion Law" article13"The provisions of administrative compulsory execution by law. The law has not stipulated the administrative enforcement of administrative decisions, administrative organs shall apply to the people's court for compulsory execution". The government has no legal basis, the implementation of administrative enforcement action is illegal. You may apply for administrative reconsideration or bring an administrative lawsuit.

Personally think that the land compensation is not in place to refuse to pay, to protect their legitimate rights and interests of the legal acts, the government in order to disrupt the business on the grounds of the three security detention improper implementation. Such as the action of public security penalties, may apply for administrative reconsideration or bring an administrative lawsuit. Administrative law (Zhu Dongsheng, Sina micro-blog@Don Quixote helpless)

 

428, q:DearMajor: generation of Advisory Friend--About not signing the contract work, more than double the thirty dayISalary terms is in her? She works in the period due to human unilateral than did not sign the contract for a month, only from the work handover messages as the starting date of evidence, whether she can apply for double compensation, and how to implement? If the date of signing and issue date indicated on the retroactive contract? 

Answer: the signing of a written labor contract is mandatory, not to other forms to replace the written labor contract, so as long as it is not signed a written labor contract can be required to pay double salary; employers generally will not take the initiative to pay double salary, so can only apply to the labor dispute arbitration; if it is in the labor contract signing date back words, relates to a proof of the problem, depending on the particular situation.

 

429, ask: Hello, I would like to ask, the arbitral tribunal arbitration deadline is a few days? Most can be extended for a few days?

Answer: according to the "Arbitration Law" article15Article, article75The provisions of article, the China Arbitration Association has not yet to formulate a unified "arbitration rules", therefore, "arbitration rules" is at present the Interim Provisions, shall be formulated by the arbitration commission arbitration award so, make the time period are different due to the different provisions of the parties applying for arbitration institutions, specific to the according to your application for arbitration agencies to develop the "arbitration rules" to determine the.
    In addition, according to the "Arbitration Law" article25The provisions of article: "the Arbitration Commission shall, after accepting an application for arbitration, the arbitration rules, within the time limit prescribed by the arbitration rules and the list of arbitrators on the applicant, and a copy of the arbitration application, the arbitration rules and the panel of arbitrators to the respondent", therefore, you can look at the Arbitration Commission to give you the "arbitration rules" there are provisions, the arbitration ruling period. Most of the arbitration mechanism to apply summary procedure in the arbitration tribunal of arbitration cases Zuting after3An arbitral award within a month, under special circumstances, the arbitration tribunal, the Secretary General of the Arbitration Commission considered justifiable and necessary, can extend the deadline. Arbitration tribunal shall apply the ordinary procedure shall be the date on which6An arbitral award within a month, under special circumstances, the arbitration tribunal, the Secretary General of the Arbitration Commission considered justifiable and necessary, can extend the deadline. The arbitration deadline and extended to you received the arbitration tribunal delivered to your "arbitration rules" shall prevail. Wang Jingbin.  Sina micro-blog @Volunteer Wang Jingbin)

430Ask: Hello! I am here in Guangzhou. Here is Xia Yu sunshine club called, has ten stores in Guangzhou, last year a lot of people in the online group purchase in the club, but this year the club all night without a trace, many students to make money, but can not enjoy the service. We are looking for Industry and commerce, public security association, nobody tube. So what is the means by which to protect our interests? We want to group looking for media exposure, this method can solve the problem

Answer:1According to the US, query, you referred to "Xia Yu sunshine" Department of Beijing Xia Yu sun culture media Co., Ltd. Guangzhou branch; it is a national chain of dance, fitness training institutions;
2Composition, service contract between you and the company, because of the charges did not provide the corresponding services, constituted a breach of contract, you can be sued to the court asked to assume liability for breach of contract.
3, if sued to the court, should be Beijing Xia Yu sun culture media Co., Ltd. as a defendant; the Guangzhou branch cannot bear civil liability independently and there may have been due to cancellation of registration; contract dispute the place where the defendant has his domicile or the contract to the jurisdiction of the court, you have the option to be difficult to solve, if you are concerned about the the local court, may bring a lawsuit to the company Beijing domicile in the jurisdiction of the court.
4It is not, no way, you can combine most affected consumers to litigation, to enhance the whole case amount increases the influence. Sina (micro-blog@Volunteer Wang Xiaotang)

431, q:Hello. I am spring Dongming County of Shandong province Heze City Ji Zhen Xi Li Zhai Cun Cun Wei Hui village, I was vice secretary Li Mengdong presided over the daily work, over the years Li Mengdong, secretly seize public land, illegal trading of minors, prostitution, and deduction farmers low margin, insulting the villagers, but many times to the township government reaction conditions are No one shows any interest in, playing the mayor the hotline has not, in legal society today actually nobody no one asked, my village villagers can attest, hope his violations punished!

Answer: first, the criminal law article382A: the state personnel who take advantage of their office, embezzle, steal, cheat or by other means of illegal possession of public property, is the crime of corruption.

By state organs, enterprises, institutions, State-Owned Company, and people's organizations entrusted with the management and operation of state-owned property, taking advantage of his position, embezzle, steal, cheat or by other means of illegal possession of state owned property, to corruption theory.

And the person mentioned in the preceding two paragraphs with corruption, collusion, by the accomplice.

Deputy Secretary of the village is a national staff, who occupy the common land, should pay attention to whether the person actually control property can distinguish he Sui or attempted.

Two, 240th of the trafficking of women, children, five to ten years in prison, and shall also be fined; in any of the following circumstances, department for more than ten years of fixed-term imprisonment or life imprisonment, and concurrently be sentenced to a fine or confiscation of property; if the circumstances are especially serious, the death penalty, and confiscation of property: (a) the primary molecular group of abducting and trafficking in women, children; (two) trafficking in women and children, more than three people; (three) rape abducted women; (four) deception, forcing abducted women to engage in prostitution or those selling abducted women to prostitution; (five) for the purpose of selling, use violence, coercion or anesthesia abduction of women, children; (six) for the purpose of selling, stealing a baby; (seven) causing abducted women, children or their relatives serious injury, death or other serious consequences; (eight) women, children will be sold to overseas. Trafficking in women and children, is for the purpose of selling, a kidnapping, kidnapping, buying, trafficking, transport, transfer one of the women, children's behavior. Children mentioned this article refers to under fourteen years of age, the villagers to determine abducted minors under fourteen years old.

Three, "the people's Republic of China Public Security Management Punishment Law" article sixty-sixth prostitution, whoring, department for more than ten days to fifteen days detention, and may concurrently impose a fine of five thousand yuan; if the circumstances are relatively minor, five days detention or a fine of five hundred yuan of the following. soliciting in public places prostitutes, five days detention or below five hundred yuan. Deputy Secretary of the villagers can find out prostitution of place and time, report to the public security department.

Four, article 384th national staff use convenient position, embezzlement of public funds for personal use, illegal activities, or larger amount of misappropriation of public funds, for-profit activities, or larger amount of misappropriation of public funds, more than three months without further, is the crime of misappropriation of public funds, is less than five years imprisonment or criminal detention; if the circumstances are serious, department for more than five years in prison. The huge amount of misappropriation of public funds is not returned, department for more than ten years of fixed-term imprisonment or life imprisonment. Appropriated for disaster relief, rescue, flood prevention, special care, poverty, immigration, relief funds and materials for personal use, shall be given a heavier punishment. Aggravating circumstances deduction farmers living in this kind of crime of living metal, metal from the law in poverty alleviation funds, deputy secretary will take forcible possession of, aggravating circumstances

Five, according to the "criminal law" article234A deliberately hurt others body, is less than three years imprisonment, criminal detention or control. The crime mentioned in the preceding paragraph, causing serious injury, three years and ten years in prison; causing death or by especially cruel means that lead to serious injuries resulting in severe disability, ten years imprisonment, life imprisonment or death. The provisions of this act, in accordance with the provisions.

The villagers have to meet the following Deputy Secretary of the village's behavior1To harm others physical behavior2. hurt others' body's behavior is illegal3The body of others. Damage behavior must have caused others to a certain degree of damage, to constitute a crime, the villagers face the Deputy Secretary of the village in violation of criminal behavior can reflect the higher government, also choose to go to the court prosecution, and through the media exposure, caused the social attention. (Zhu Kaiyue, Sina micro-blog@Dream_monster)

 

432, q:The situation is this: after my parents divorced, my mother remarried, and then have a female, have16Years old! My stepfather in the past ten years, indulge in gambling, not only defeat the light industry (including land acquisition, demolition of housing in the housing) and borrowed a lot, my mother never participate in borrowing, until some people come to visit. Between hope my sister have a complete family, my mother has not divorce, until last year finally thoroughly divorce. The divorce agreement clearly2Point, one is my mother to give up all the family property, the two is my mother does not assume any debt! I would like to ask a lawyer, so my mother can avoid, my stepfather and borrowing because gambling creditors to the relationship between husband and wife common debts during the name my mother to assume the debt?
Answer:1Abandoned property, some effective.
2Don't take on debt, part of the effective, foreign invalid. Is your mother or to pay off the debts, but also out of debt to the stepfather of recovery. If your stepfather does not give you the money from her mother, can sue to court by this article.
3In view of your mother, do not think that the property can not repay, personally think that is a major misunderstanding, may request the court to revoke this article, so your mother or can be divided into property. Otherwise the debt will also, money is not to, mother against you. (Jing Hao, Sina micro-blog@King Mu Siyu)
 

433, q:Hello, is this, I am a new village, now the district government with City Hall a collection of documents, to collect meAThe village of Tian and homestead, just start just sent several representatives of villagers opened the meeting, the distribution of housing resettlement and land compensation standards, no seal, the end of April began to notice down, did not start any villagers signature, because the conditions are not satisfied, then out of town village official to do ideological work, to the villagers committee secretary of brainwashing, say a left development land where houses, where, without any documentation indicates that these two. Asked another village staff placement of the housing development to address with the address, the address is different exceeding one's expectations, said the development of land is another village, placement of the housing elsewhere, after a few days of third and asked the same questions address became uncertain. Didn't people in land vote Book signed, those relatives are members of civil servants every day bothers us ordinary farmers signature, every day with a different method of the signature of the person whose signature temptation had one thousand blocks to the village family planning services are being asked whether there is a signature that no sign of all is said a lot of words, saying good, but did not see stamped signature black and white. So many people were fooled signature, signature to sober up. Everybody wants to know, in the land requisition voting Book signature:For example, only son signed his name was representative of one family have agreed to sign? If one family only son signed other people don't agree whether can be against? These file like this land requisition land compensation standards and compensation standard of the house without any stamp is legal? Even the government does not determine the development position with placement of the housing land where farmers have the right to know, whether determined after giving consent to be levied?

Answer:1The son, signed on behalf of act is invalid. Land expropriation should be headed by voting Book signature recognition, son is neither land nor the homestead and house property, without the explicit authorization and afterwards did not consent, the agent behavior is invalid. Some people think that constitute the apparent agency, but I personally think that still can not meet the agency by estoppel conditions can not be established, the apparent agency.
2 , provincial government land acquisition or the approval of the State Council, the land requisition compensation scheme must to villagers residence and announced to the villagers, and written to consult the villagers on the compensation standard for hearing. Compensation scheme must be stamped with the seal of the land management department, otherwise cannot be regarded as legal behavior, non legally binding. The provisions of the land and housing compensation standards by the file, the general land compensation standards for the provisions of the local laws and regulations. At present, no national collective land on the housing levy regulations, provisions of the compensation standard of the house shall be determined by the people's governments above the county level with file form. Stamp is a necessary element of government documents in force, otherwise, the file could not be determined by the subject, no binding.
3 , collective land expropriation and housing must be property owners signed compensation agreements, the compensation agreement should be agreed placement or compensation, resettlement locations and settling time, a clear transition payment of fees, housing price etc.. Before the agreement was not signed, the government had no legal basis, can not be forcibly removed, otherwise the violation of administrative law enforcement. You may apply for administrative reconsideration or bring an administrative lawsuit. Sina (micro-blog@Major case-Zhu Wenliu.

434, q:Hello, I want to consult the following issues: two batch fixed copper company from a company80Tons of verbal agreement cash on delivery (contract agreement is the advance payment and delivery), after the arrival of my kilometers to money in to a company clerk to provide mobile phone SMS number (during the cooperation from last year several times from the numbers go payment, in the case of the same industry in other hurt kilometers is money to the same the numbers), a company clerk after receipt of payment Run away. (this clerk now surrender money cannot recover), do we have responsibility? A company not to recognize the card number is their company card, such as a company then sued how will money results in our company? We look forward to a reply

Answer:1, a"Verbal agreement"And"Written agreement"Two, if you are the true meaning of the parties, then after the establishment of the subject, so unless you can prove that a verbal agreement and verbal agreement later than the written contract, the general, in a written contract shall prevail.
2On the performance of the contract, whether or not able to reach the contract change problem, it depends on the terms of the contract have not agreed on the contract change.
3 , your company's payment behavior is the performance of the contract. First look at the contract, if the contract explicitly agreed a company account, and the clerk informed a paragraph of your company is no longer relevant documents issued by the other company, play money act is invalid. Secondly, you mentioned many times during the cooperation from the numbers go payment plot, whether the apparent agency, is in need of your company to provide the relevant documents such as a company that has received the payment, there is no evidence or payment. (Luan Xinghui, Sina micro-blog@Xing HuiEr)
 

435, Q: Hi, I work in a small factory in Wenzhou Yueqing,3Month22To now, start to talk about a good piece of price, also did not sign the contract or other, I can't think right now in this do, how can I get the wages, only the usual things written books in my hand, it is a processing uniform black garment factory, I hope you can help me think method, thank you!

Answer:1No, employers and workers to sign labor contract, workers have the right to claim the double work until the signing of labor contracts. But not to exceed the maximum11Month.
   2Because did not sign labor contract, employee resignation, in addition to pay in full the just reward and a v. double salary, also advocated resignation compensation. To work a year by January, less than a year by January computing.
   3, you said, you can put forward the request directly to the employer, if not get a reply, suggest you complaints immediately to the local labor management department needs to solve. Sina (micro-blog@Major case-Zhang Tingyuan.

436, q:Hello, my sister was an adult, and a foreign man have relations, has been August pregnant, had agreed to marry, but no money no money, went away, I wonder whether he has not said what the sister, sister also followed him secretly go, now don't go home, can accuse him trafficking in women?

Answer: the crime of abducting and trafficking in women and children in the objective aspect, kidnapping, abduction, trafficking, transporting, buying transshipping women, children, or steal infant behavior. Kidnapping, means to cheat, to lure and other non violent means to women, children abducted, in order to sell behavior. Your sister is free love, and there is no sale her facts, does not constitute the crime of abducting and trafficking in women is. (Zhiqiu guest, Sina micro-blog@The major volunteer lawyers Zhiqiu guest)
 

437, q:Students in a group of graduating from the University in nearby commercial street opened a skating rink as the starting point, the business has been very good, but from local social exclusion to charge high fees, at first under the threat of compromise is to them, but gradually they wolf child ambitions become more and more crazy, irrational free for direct business place half shares! This project for college students with the support of his family with the parents hard-earned money management, are now illegal forces flagrantly interfere, I do not know what to do, want to seek legal protection, so please understand those ideas how to use the law to protect their personal safety and property safety! Please predecessors lot of help us this just out of vulnerable groups of society

Answer: in order to be savage and absurd hooliganism, forced to ask for the market, the store's goods and property of others constitutes a crime. The Supreme People's Procuratorate, the Ministry of Public Security issued "about the public security organs under the jurisdiction of the criminal prosecution standard(A)"Article37Article"Stir up trouble,The destruction of social order,In one of the following circumstances,Shall be filed for investigation and prosecution(Three)Take strong force or any damage to, occupy the value of public and private property2000Yuan. The case is a case of public prosecution, suggest you go to the public security organs, by the public security organ to investigation, public prosecution. In conclusion, we suggest you go to the public security organs. (Zhiqiu guest, Sina micro-blog@The major volunteer lawyers Zhiqiu guest)
 

438, q:1996Years ago, the purchase of a shotgun, by the Public Security Bureau in centralized custody is cheated, so far without below. The lawful private property the encroachment situation many, Xu teacher think that how to apply to the Public Security Bureau and the government, the maintenance of our private property rights.

Answer:1The public security organ, whether the deposit certificate issued to you 

2According to regulations, gun control laws is whether you have legally armed condition.

3If you do not have the conditions1,2Case, you are very difficult to protect their rights and interests.

 

439, q:The problem1I buy a set of affordable housing in the city of Chongqing, the agreement2012Years12Month31Launch on. After expired, developers to government requirements for building exterior wall paint on the grounds, has not sought, but never told the owner. Whether the owners may require developers to pay liquidated damages in accordance with the regulations? The problem2Recently the developers call to meet real, requiring owners to deliver the final payment and related taxes and fees, and half of the property management fees, real, then the network (network time of uncertainty, book a table a permit is not out). Developers said, belongs to the affordable housing, can be sold without pre-sale permit. Does the operation process, the owners how to safeguard their own interests? For your reply, thank you!

Answer:1, for payment of liquidated damages: owners can be required to pay liquidated damages to the developers. Because developers not according to the prescribed time launch, in violation of the contract agreed time, it shall bear the liability for breach of contract. If the owners and developers have agreed liquidated damages, is to ask developers to pay the liquidated damages. The government requires developers to external wall paint, maturity is not others, is can't be exempt from breach of contract agreement expires others, arising from the breach of contract reason. China's "contract law" article107Provisions, if one party does not fulfill the contract obligations in accordance with the terms of the contract, it shall bear the liability for breach of contract.
2A certificate issued by the book, a table must be developers launch, otherwise the owner can choose not shoufang. If you were asked to pick the real, the owner shall be issued jointly signed with the developers that no book a table a permit documents, in order to protect the interests of the owners themselves. According to the provisions of the State Council promulgated the "City real estate development and management regulations":"Completion of real estate development projects,After acceptance,Before delivery". As long as the two sides agreed to in writing signed housing contracts of sale, and whether does not affect the housing transaction potency. According to the provisions of the relevant laws of our country, affordable housing also must first obtain pre-sale permits can be sold. So if the developer refuses to provide pre-sale permit in accordance with the law, owners can request return a house. (@Major case-Li Yajie.
 

440, q:Want to consult a legal problem, I'm doing beauty care yesterday, intermediate beautician helped me put the necklace off her self custody, and later after also didn't help me take necklace also didn't remind me, I don't remember, go. Back to home to want to forget a necklace, immediately call to the beauty salon, beauty salons to do care the girl said he didn't help me get off, I hurried to the beauty salon to find Necklace but can't find it, it happened more than three hours before, beauty salons that irresponsible, how do I do?

Answer: to beauty salons claim for compensation.
According to the "contract law" article373The provisions of article:"The deposit period, the depository improper storage object is damaged, destroyed or lost, the safekeeping party shall be liable for damages, but the storage is provided for free, custodians prove the absence of gross negligence, it is not liable for damages."If the beautician cannot prove the absence of gross negligence, it shall bear the liability for compensation.
According to the "tort liability act"34Hereof, the employer's personnel due to performance of a task and causes damage to others, the employer shall bear tort liability.
To sum up, may request the beauty salon shall bear the responsibility for compensation.(Wu Shuqi, Sina micro-blog@Fairview Creek five owners)
 

441, q:Yes, I am2At the end of the month to pay the down payment, the sales department has said that because the volume change and the space increased, the day before yesterday. They now make to sign a contract for the sale of commercial housing, but yesterday in the sales department to see their pre-sale permits to3Month6No. expires, the contract to sign it

Answer: on this issue, the law does not clearly defined, but we can infer, developers in the pre-sale permit is in line with the pre-sale conditions, it is not because the license expired and the loss of its pre-sale qualification. Therefore, the expired and never achieved pre-sale permit the sale of housing behavior is two kinds of behavior of different properties. We can assume, commercial housing pre-sale permit expired after the sale of housing, the sale of commercial housing contract is valid.
  General merchandise housing sales process is the first after the contract payment or sign a contract and pay Shoufu, you now the situation very risky. Because of insufficient information you provide, we hereby put forward the following opinions: if you have only the "subscription book" and pay the property invoices, can be regarded as you have in the performance of commercial housing sales contracts, to let you go to the contract can be regarded as a supplement to the contract. You can contract with the developers agreed for pre-sale permit expired may cause disputes (such as two card can not handle) liability subject and the liability for breach of contract. (Chen Zhe, Sina micro-blog@PoisonZhe)
   

442, q:The neighbors of new buildings, without any authority, illegal buildings, blocking my way out, but the Land Bureau said that as a matter of fact, it is the harmonious society, can not be forcibly removed. Would you please tell me how to do?

Answer:1The general principles of the civil law "," the provisions of article eighty-third"Real property adjacent to the parties, should be in accordance with the spirit of the production and convenient life, solidarity, fair and reasonable, correctly handle the relations between adjacent section water, drainage, ventilation, lighting, traffic etc.. Damage to the adjacent side, shall stop the infringement, eliminate the obstruction, compensate for the losses". Housing ancillary building your neighbor new invasion of adjacent right for you, you can sue to the court for a neighbor to dismantle illegal construction, and compensation for your loss.
   2, "the people's Republic of China urban and rural planning law", "state-owned land on the housing levy and Compensation Ordinance" and other laws and regulations clearly stipulates, illegal buildings without any approval procedures for approval, not by any department according to law by the relevant administrative department for investigation, identification and treatment. You can file a written application to the land, planning, construction and management, housing management, urban management and other administrative departments, request survey, that if the building belonging to the illegal construction, if identified as illegal construction, the Department shall be treated in accordance with the law. If the Department does not accept your application or that is not processed, you can according to the administrative reconsideration law article sixth paragraph ninth and fifteenth apply for administrative reconsideration. Or you can on the basis of the administrative procedure law article eleventh paragraph fifth and seventeenth administrative proceedings to the court, asked relevant administrative organs to protect your property rights legal responsibilities. (Chen Zhe, Sina micro-blog@PoisonZhe)
   

443, q:I am in Shanting District Shandong province Zaozhuang city to buy a house,2011Year in April make full payment,2011Years11Month to get the key, there is no Banfangchanzheng, forcing countless times, always pushing back, ask their developers have a responsibility? I can sue them?

Answer: according to the "contract law" and other relevant laws, if the purchase contract, the developer for the property permits, then the developers should be in accordance with the handle real estate license contract. The developer fails to handle the real estate certificate would constitute a breach of contract, it shall bear the liability for breach of contract.
   Liability for breach of contract two:
First, compensate for the losses. According to the "commercial housing sales interpretation"18The provisions of article, the developer fails to handle the real estate certificate, it shall bear the liability for compensation, the compensation amount is calculated:
1Liquidated damages for breach of contract, payment, in accordance with the contract agreed liquidated damages amount or determine the default payment method;
2, compensation for losses, the form of liability applicable to the buyer the amount of the loss is determined, and the contract is not agreed liquidated damages or liquidated damages is lower than the loss situation;
3The liquidated damages or losses, not difficult to determine the amount of total prepaid purchase, in accordance with the provisions of the people's Bank of Chinese, referring to the financial institutions of interest on overdue loans to pay liquidated damages.
Second, the lifting of the purchase contract
According to "explain" the sale of commercial housing19The provisions of article, because the seller reasons leading to permit a year overdue, the buyer may request cancelling the contract and requested the seller after the termination of the contract liability for breach of contract. That is to say, if the developers are not in accordance with the purchase contract for property certificate for a year, then property buyers can request the lifting of the purchase contract, and require developers to assume liability. (Chen Zhe, Sina micro-blog@PoisonZhe)
   

444, q:In fact, not forming cases, want to help! My brother is not a dutiful son, scold parents, to get their parents to property, he is married! We are all people in rural areas! Do not know to protect themselves by law now, brother to break up, my parents have to his heart is dead, do not want to give him any property! I think the process and procedures for the separation of the clear understanding! And that he will be assigned to the property?

Answer: in principle, your brother can't get your parents' property.

Two specific cases:

One, according to China's "Inheritance Law" article16The provisions of article, wills citizens can specify a legal heir or the number of people inherit, can also be willed away to personal property of the state, the collective or legitimate heirs inherit. Accordingly, your parents may not own property to your brother.

Two, because the family relationship of formation of common property, each co owner is entitled to ownership rights, obligations, no distinction between the size of many. According to the questions you ask, your brother is married, according to rural habits, may have been the separation of another, there should be no allocation problem of public property.(Wu Shuqi, Sina micro-blog@Fairview Creek five owners)

 

445, q:Hello, I just sit today situation is not optimistic, the next month and the two session, I appeal to the request and the divorce, the reason is she derailed and know now that our son is not my own, is others, but because before buying a house in order to avoid paying taxes to write in her mother. My credit card to pay, that is a one-time payment, I have the proof of payment, but the judge said that the evidence is insufficient, the opposing lawyer cling to one's view house is my gift, but it is our time only a house, if I lose I will get out and also raised a few years to someone else's child, help me

Answer: a,1"Property law of the people's Republic of China"
Article Sixth The establishment of real property, alteration, transfer and elimination, shall be registered according to law. Chattel shall be delivered in accordance with law.
So the house property right belongs to your wife's mother, unless she agrees with your registration, or there is an agreement to help you to change the registration of property rights also set between you, otherwise, you have no way to get property. You can bring a declaratory judgment action to the court, the court is right, the housing ownership changes to your name. Or you to capital contribution certificate request return a house purchase, compensate for the losses.
Two, China's "criminal law" article 258th spouses and bigamy, or knowingly marries a person who has a spouse, is less than two years imprisonment or criminal detention.
China's "marriage law" article forty-fifth Of bigamy, family violence or maltreatment of implementation, the desertion of one family member constitute a crime, shall be investigated for criminal responsibility according to law. The victim may in accordance with the relevant provisions of the criminal procedure law, to the people's court private prosecution;The public security organ shall investigate the case according to law, the people's Procuratorate shall initiate a public prosecution according to law.
China's "marriage law" article forty-sixth Any of the following circumstances, lead to divorce, the innocent party shall be entitled to claim damages:
(A)Bigamy;
(Two)A person who has a spouse living together with others;
(Three)The implementation of the family violence;
(Four)Abuse, abandonment of family members.
If your wife in your marriage and others get married or not married, but live together as husband and wife. Commit this crime, you can file a lawsuit to the court. You are the innocent party, to ask the wife damages. Zhu Kaiyue.

446, q:Hello. In January 8th I eleven noon accident, heavier, has not been able to walk independently. Our unit is work at eleven thirty, ten fifty by my day off early, my direct leadership of the rest of the day, I and another office director said ill leave work early. Now to the Labor Department reported the injury, the labor department said not in time, to the units issued by the certificate of leave, and said I did not leave not shown, what should I do? Thank you.

Answer: according to the "Regulations" industrial injury insurance: fourteenth workers have one of the following cases, should be identified as work-related injuries:

(A)In workplace and working time, by the accident injury due to work reasons; 

(Two)After working hours in the workplace, engage in work - related or preparatory work by the end of accident; 

(Three)In workplace and working time, due to violence and other injuries to the performance of his duty; 

(Four)Suffer from occupation disease; 

(Five)Work out during the work, due to injury or the cause of the incident One's whereabouts is a mystery.;

(Six)On their way to work by motor vehicle accidents; (Seven)The provisions of the laws, administrative rules and regulations shall be identified as work-related injuries and other circumstances.

According to the information you provide, you belong to the sixth paragraph, in this category, must be a traffic accident to non major responsibility for ascertainment of a work-related injury.

You need to provide the traffic police department issued by the road traffic accident responsibility confirmation to prove myself. Then go to the labor department to apply for work-related injury. (Wang Zhen, Sina micro-blog@The most basic cold)

 

447, q:I was a fresh graduate, and a company sign3Party, but I have to choose another company now, before the company to let me pay3000Liquidated damages. Didn't sign the contract breach of contract? If the three party agreement has the legal effect? Please help answer, thank you!

Answer: the three party agreement as a witness by the school, graduates and employers signed an employment agreement of intent, which have the force of law, but it is not a substitute for the labor contract, the three party agreement will not make specific agreement on labor time, reward, the probation period and other issues, both sides need to sign labor contract to the problem is clear. Such as the three party agreement expressly agreed to pay you a unilateral breach of contract3000Yuan default payment, request you to pay liquidated damages is legal. Recommend that you and the company for consultation, personal difficulties, to see whether the reduction of damages for breach of contract. (Du Hongtao, Sina micro-blog@Major case-Du Hongtao.
     

448, q:I am a college student, I in the school computer stolen, stolen a few days outside the bedroom squat finally caught the thief, the thief to the police station, the results showed that he is a drug dealer, in recent years in Wuhan University frequently stolen, but because the drug causes the body to rot, the rejection, but also never get legal sanctions, let more and more victims. Now do not know he took my computer sell where to go, he was not punished by law. My family is poor, parents are farmers, the money to buy a computer are the parents hard-earned money, still can't tell my parents. Hope to get your help, don't for such a man laws should not punish? How to recover my loss

Answer: recommend you to communicate with the public security department, request the public security departments handling of the case. If the public security department is not the case, you can solve the problem through legal way of supplementary civil action in criminal proceedings to the court. The thief stealing the computer in a thousand dollars, is likely to have a large amount of larceny conviction standard, but the thieves often steal in nearby colleges and universities, the influence on the surrounding environment is harsh, subjective malignant is larger, the basic constitute theft undoubtedly. You need to submit to the court to prosecute, your computer is the thief stole evidence, and the value of your computer at500Yuan to2000Yuan and other evidence, to ensure that the court accepted the case. The court will be based on the criminal conviction and sentencing, according to your losses, shall be investigated for criminal corresponding civil liability for compensation. According to China's "criminal law" article264The provisions of article, theft of public or private property, large amount of theft. Sina (micro-blog@Major case-Li Yajie.
 

449, q:Reference: I work in a foreign company3Years, the contract signed a year, will expire on May of this year, the company no longer renew. There exist the following facts:
1Three years, company not pay overtime wages (workshop management job, need to work together with the workers), signed the contract in the attachment that salary, indicate salary including overtime etc.. Can claim overtime expenses? Without the attendance of words, how to quote?
2The company signed a contract, in the first year, because the staff salary for operation mistakes will write360000Actually, should be36000Element. Fill in the numbers were handwritten digital Arabia. Two copies of the contract, the individual (the applicant) is on hand to write, do not know how to do a. An application can pay the difference?

Answer:1In practice, standard working hour system units, employees in over the state of the work week40Hours, should pay overtime pay to employees. The company signed with your labor contract between the annual salary, and indicate the salary including overtime, first salary just wages in a way, secondly, agreed salary including overtime pay, a serious violation of the rights and interests of workers, should belong to invalid clause. As for the problem of burden of proof in overtime, according to the provisions of "reply" Supreme People's Court on the burden of proof overtime; "in the distribution of burden of proof in overtime fact, taking into account the employers have overtime management whether the employee overtime, specific and class time and other evidence, therefore, this article also provisions of the burden of proof of the employer to bear the extra facts." That is to say you can offer you at present evidence, such as employee that you often work overtime; you cannot provide, by units.

   2The signing of the contract, to write a clerical error, the annual salary3.6Million36Million, this is a major misunderstanding, and units can proof the actual payment is in accordance with the3.6Million grant, and your employees in comparable positions is the same level of wages, salary is to prove your3.6Million yuan, therefore, you do not have the right to require the company in accordance with the salary36Million standard complement wage differentials. (Du Hongtao, Sina micro-blog@Major case-Du Hongtao.

   

450, q:Excuse me for nearly four years of the house because the area within a elevator housing unfinished building has been shutdown is not built to the rest of us all households are unable to handle the property permits have what solutions? In addition, the area is a building, unit for saying that the house unfinished building cut together after the property permits, but the building a few years has been to stop construction of the state.

Answer: recommend starting treatment from the following perspectives: by residents to the unit the written request, to complete the construction rapidly, and explain the reasons for the instrument. If that is the lack of funds, and doubt the tenants, to report to the Government Housing Authority, request processing. If the housing sector is not treated, can request the superior government department. This may be an effective way to. As the details of the case have many unknown, probably only according to make legal answers. Sina (micro-blog@Ye Haibo1999)

 

 

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