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 eighteenth to fiftieth legal consultation.

 

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

 

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:

 

18, ask: I yesterday from the Taobao bought a USB flash drives, USB is shrinking, how to do?

Answer: 1, give bad review, replacement cancelled. 2, if you do not change, repeat 1, compared to the online shopping, can apply for a refund or replacement!

 

Q: in 1992 19, and signed a housing transfer agreement, will own a three shabby house transfer price of 30000 yuan to the B. B living 1 years, in 1993 of the housing and to the transfer price of 35000 yuan to C. C lived 1 years, and then in 1994, the housing transfer price to 40000 yuan to d. The transfer shall not for private transfer procedures. In 1995 the city will be the real area designated as a development area, resulting in the housing price rose to 150000 yuan. Due to the transfer shall not handle the transfer procedures, four a, B, C, D for housing ownership dispute. The house belongs to all who (at the time the property law is not enacted)

Answer: between a and B of the sale contract is established and effective. Both sides agree to pay the corresponding price, B, rules and not in violation of laws and regulations. The contract should be legally established and entered into force.

For registration, according to the "real estate management law of the people's Republic of China City Housing" (July 5, 1994), the real estate transfer or change, shall apply for registration of change to the real estate property management departments of local people's governments at or above the county level. "Regulations on the administration of private housing city" (December 17, 1983) seventh provisions: for the purchase of housing ownership, to be submitted to the original housing all the warrants, contracts of sale and contract. Rule ninth: the sale of private housing, the sale of the relevant documents to the housing authority for both teams, procedures, no unit or individual shall buy private private houses in a city. The Ordinance regulations only purchase ownership must apply for registration, but due to the sale of housing all the process involved in all not to transfer the registration, and registration is the requirement for transfer of property, transfer of property ownership is the contents of the contract, the implementation method. Housing sales contracts signed, the buyer B did not obtain the ownership of the property, the only request a transfer of property rights. Only for the housing transfer registration, the buyer to obtain ownership of the property of the B. Then, because of the ownership B did not obtain property, validity of the subsequent disposal of property behavior problems, B housing will be transferred to C, C again transferred to the two housing trafficking Ding is defective.

Can be solved through two ways in practice:

One is if the housing has not yet lost, be taken to apply for administrative decisions taken by the management of housing units, the housing property follows the review, make a decision;

Two is composed of Ding sued is right, because the contract between a and B is valid, then can step by step to review the transaction procedures to ensure Ding housing ownership. (in-house lawyers Du Hongtao, Sina micro-blog @Wilsonduht)

 

 

20, ask: I would like to ask the next, civil case retrial, the retrial review how to understand or query

Answer: 1, apply for retrial in civil cases, the people's court should be issued in the case acceptance notice (General Court Management)
2, the decision of a people's court after the retrial, the retrial ruling or decision.
3, above all to the people's court inquiry. (Chongqing lawyer Zhang Tingyuan, Sina micro-blog @ Zhang Tingyuan lawyers)

 

 

21, Q: on the September 15, 2005 36 year old housewife Zhang tissues were naked chat event how to conviction in the online multiplayer at home?Whether it is a crime? Can you give me some advice, need boundaries naked chat conviction.

Answer: 1, according to article three hundred and sixty-five of the criminal law, should constitute the crime of organizing pornographic performances, in fact, naked chat online than in reality organizations pornographic performances harm sex is bigger, the judicial interpretation of this no more clearly defined, in accordance with the conviction of the crime of organizing pornographic performances relatively close (in-house lawyer Du Hongtao, Sina micro-blog @Wilsonduht)

2, if the naked chat charges, shall be determined as the crime of spreading obscene objects. At this time of the obscene goods do not explain the expansion, is recording the finished film, live audio and video can be identified as obscene articles; if no charge, but specific personnel between the bare chat should not conviction, belongs to the private life of the citizens. If no specific groups to open, shall be determined as the crime of organizing pornographic performances.(Jing Hao, Teng Xun Micro message: King Mu Siyu)

3, (1) the housewife Zhang organization people at home are naked chat behavior on the web into enough assembled licentious actives crime.

(2) the traditional view of the assembled licentious actives behavior space narrow judgment

(3) the organizers if profit purpose and behavior, may constitute the organization prostitution crime (luring the Chongqing lawyer Zhang Tingyuan, Sina micro-blog @ Zhang Tingyuan lawyer)

 

 

22, ask: in Dalian ship crash occurred, the perpetrators escape, three dead. Now in the past two years, we the people what the who?
Answer: according to the "Civil Procedure Law" thirty-first article from ship collisions or other maritime accident damage lawsuit brought on claims for damages, the collision occurred, the collision between ship first arrived, injuring ship detained jurisdiction at the place where the people's court. So you can be in the public security organs in the case of public prosecution, in Dalian local jurisdiction to bring criminal incidental civil action, asked what the company liable for compensation.

According to your description, the maritime authorities have yet to determine possible things you can ship, maritime authorities determine belongs to the ship and ship, after the ship captured to legal procedures. According to the new water traffic accident investigation and handling regulations,

Third, water traffic accident investigation and handling of cases of escape to jurisdiction, jurisdiction shall be designated by. You can go to the Dalian Maritime advisory board. (Wang Zhen, Sina micro-blog @ the most basic cold)

 

23, ask: I in about six months ago a friend in the purchase, has made more than 2 dollars. Then the goods did not give money, dragging the rogue to find reasons not to! At that time, payment credentials, online transfer record, ID photos, call recording, there are from sms! After consulting the public security, advised me to sue, I would like to ask such a situation likely to come back not to prosecute? Now that live in unplanned settlements! I sue can locally?

Answer: the relevant evidence to prove your reservation you happened, you can sue for their money back.

According to the "Regulations of PRC Civil Procedure Law", the twenty-second civil lawsuit brought against a citizen, under the jurisdiction of the people's Court of the place where the defendant has his domicile and habitual residence; inconsistent, under the jurisdiction of the people's court. A civil lawsuit brought against a legal person or any other organization, under the jurisdiction of the people's Court of the place where.

Article twenty-third the following civil litigation, under the jurisdiction of the people's court at the domicile of the plaintiff; domicile and habitual residence is not the same, the jurisdiction of the people's Court: (a) to not in the identity of living within the people's Republic of China about the relationship of litigation; (two) concerning the personal status the One's whereabouts is a mystery. or missing people mentioned; (three) for those undergoing education through labor litigation; (four) against persons in prison litigation. 　　

Article twenty-fourth lawsuit brought on a contract dispute, the defendant has his domicile or the contract under the jurisdiction of the people's court. (Wang Zhen, Sina micro-blog @ the most basic cold)

 

 

24, Q: a contract B village sewage works after the transfer to C, C in the construction of sewer well without placing signs and all other protective measures, after the villagers Ding accidentally fall well, resulting in its three ribs broken. Ask the responsibility in the case of the who?

Answer: a B C joint liability. (Jing Hao, Teng Xun Micro message: King Mu Siyu)

 

 

25, ask: in front of the rural credit cooperatives had an accident, because of ignorance of the law in 20 days to the traffic police team report, told the credit cooperatives belong, surveillance video before its door to retain only 15 days, I would like to ask the 15 days there was no relevant laws and regulations?

Answer: the screen credit door monitoring does not have the universal social service, credit cooperatives are only fulfilling the general social obligation to testify, so, credit cooperatives can't screen provides 15 days ago, we have no reason to pursue the credit responsibility (police Xu Kaicai, Sina micro-blog @ ice cool 0

 

 

26, ask: Hello, ecological park, legitimate business, without any notice, without any compensation demolitions, one year after the party to go to Beijing for more than 20 days stock management, and escorted back to Fujian by petition Quangang, handcuffs and fetters blackhead control, secret detention for 10 days, beating force sign interest and visit information v. compensation. Excuse me, the procuratorate indictment, or the court? Then the report to the police, police said the end of the times report to the police.

Answer: can the private prosecution in the crime of illegal detention to the court. (Wei Liujing, Sina micro-blog @ and blue Kongruo bamboo)

 

 

27, ask: urban management should be at the school gate at the snack stalls charge a fixed fee, legal?

Answer: of course not legitimate, ask them to provide the administrative fee bill? Nature is the protection fee (in-house lawyer Du Hongtao, Sina micro-blog @Wilsonduht)

 

28, ask: Hello, I ask my micro-blog exposure in a hotel, I made is I think the food problem. With the hotel name and picture. If the food is not the hotel will bother me? To destroy the reputation of what? Thank you

Answer: 1, I think, in the absence of definitive evidence on the exposure of the hotel food is no problem, may constitute an infringement. Although Internet users enjoy writing in his personal micro-blog, share experiences, exchange ideas, comments and other rights of free speech. But freedom is not subject to any legal restrictions, micro-blog the freedom of speech should be established on the basis of compliance with laws and regulations, and not to violate the legitimate rights and interests of others as the premise. If your fans does not calculate much, influence range is not big, and without certification and so on dissemination influence range is very small, of course, does not constitute infringement. But if the propagation behavior affect the hotel reputation, Emihiro Hiroshi is mainly responsible for the civil liability corresponding damage the business reputation.

Sina micro-blog is a fresh, there are few because micro-blog punishment case, and consumer rights law has not the provisions of this act. Unless the injured party can provide the evidence for Sina, micro-blog delete. Or report to the public security organs, the police network may request the public identity. If the hotel that has effect on its reputation, it must provide the relevant materials to prove you're the false. If a serious infringement or bring serious adverse effects, may file a civil lawsuit. (Hu Jiazhi, Sina micro-blog @ I pi)

2, (1) subjective harmless accuse and false fabricated facts are different, the former is not liable for.

(2) the other party has the right to request to eliminate the influence in the same range accuse inside. (Chongqing lawyer Zhang Tingyuan, Sina micro-blog @ Zhang Tingyuan lawyer)

 

 

29, ask: Hello! I want to consult rights of me. I am a villager group leader. In November 30th last year that day because of stop outside the village in my group land digging the foundation building was hit. At that time I reported to the police. The police came after the said mediation. Promised to compensate me for my medical bills. But I from out of the hospital after the other party no medicine expensive. Then find the mediation of police. They said it to other police station is also involved in mediating the 'other' with my fellow and I have been looking for the police station. They dragged don't do. Until now has not processed. Here Ken please lawyers give an opinion, I should how to safeguard their rights? Supplement. When the police station did not record

Answer: I do not know whether the consultant in the dispute of forensic identification? If it is mild and the following injury, may bring a civil lawsuit to the local people's court medical expenses and compensation; if it is more than minor injuries, consultants can charge or criminal private prosecution to the people's court to the local public security organ. The dispute to the police station as illegal acts took place, also have the right to the punishment of law shall be punished and mediation dispute related to each other. The so-called must discuss the other police station for processing claims, may be their practice, but not necessary procedures (Liu Haitao)

 

 

30, ask: can I signed the purchase contract in February 18, the landlord called (according to the original contract agreed in March 15th to turn 600000 to her) if in March 15 no money to surrender, I phone agree (I recorded behind the dialogue, I said "in March 15 did not find the money we'll surrender, she said thus," no formalities, the landlord will accuse me of default, the lawsuit winning big, can use the new defense? (from Sina micro-blog)

Answer: I think before the purchase contract agreement in March 15th, both parties agreed by phone "if March 15th can not turn 600000 to the landlord, the purchase contract will terminate the agreement", can be regarded as the supplementary provisions of the purchase contract, the contract is conditional contract, "in March 15th 600000 to the landlord" non occurrence of a condition, the contract as not in effect, so you do not have default (police Xu Kaicai, Sina micro-blog @ ice cool 0)

 

 

31, ask: hello! I would like to ask the teacher a question! There is a place in Sichuan Neijiang highway to the relocation of farmers, is about the house and land how compensation, calculated in accordance with what standard, at that time the village house is in every square Qibabailai, relocation after his Qian Xiu house, so farmers can live? So how to do!

Answer: (1) land acquisition compensation according to the original purposes of the land expropriation, a land compensation costs include land compensation fees, and young charges attached resettlement grants and ground, as the land was a mean value of three years before six to ten times. Levy land resettlement fees, according to the agricultural population to be resettled calculation. Number of agricultural population to be resettled, calculated in accordance with the number of the quantity of cultivated land expropriated land expropriation before divided by average per unit land occupied. Each of agricultural population to be resettled resettlement subsidy standards, the land was a four to six times the average output value of the three years ago. But, each hectare of expropriation of land resettlement grants, highest do not exceed fifteen times the was a former three years the average annual output value of. (2) the payment of land compensation and resettlement fees, is not required for enabling farmers to maintain the original level of living, the approval of the provincial, autonomous region, municipality directly under the central government, can increase the resettlement fees. But the total of land compensation and resettlement fees shall not exceed thirty times the average output value of the land acquisition of three years ago. (Wei Liujing, Sina micro-blog @ and blue Kongruo bamboo)

 

 

32, ask: ask the teacher: a defendant in a criminal case has come into force in the decision, after sentence, can go to court to file or the evidence? What is the law? Can ask their lawyers to provide relevant files? If not, how do grievances?

Answer:. In accordance with the law the parties may go to court inquiry dossier appeal deadline is but the court will find excuses not to refer to two years from the date of completion of the execution of punishment! May require the original lawyers to provide the materials (lawyer he Li, Sina micro-blog @ Heli lawyer)

 

 

33, ask: in January 7th, where the bus, 60 year old man was beaten back events become the defendant, the fact has been reversed, black and white is not held, the driver suffered minor injuries, the old prison, is now in the procuratorate, the other is willing to consultation, consultation: now private from criminal responsibility? Enter the procuratorate and the process of how?

Answer: 1, intentional injury minor cases can not be investigated for criminal responsibility, dispute settlement consultations, can close (lawyer he Li, Sina micro-blog @ Heli lawyer)

2, the public security organ shall cause bodily injury consequences of the perpetrators, cause fights is factors reduce the liability or criminal responsibility. First look at the injury, if the identification of minor injuries can be private prosecution indictable, below 3 years of criminal cases caused according to the new criminal procedure of civil disputes can be civil compensation for reconciliation, the criminal liability according to the public security organs mitigate liability recommendations to the court. Such as access to the procuratorate, the Department whether the prosecution condition on the case, the prosecution to the court (the court of Zhao Tianyi, Sina micro-blog @ thinking with no chink in one's armour)

 

 

34, ask: ask: a Jiaye riding without headlights and rear motorcycle driving in the absence of street road, the result is a B the motorcycle (lamp) collision. (Note: the car did not shine). Excuse me, their respective responsibilities should be how to divide?

Answer: 1, both sides are at fault, the liability depends on the judge's inner conviction and allocated according to the principle of fairness, there is no right answer, from my personal feeling, a six B Sihui reasonable. (Huang Wei, Sina micro-blog @ vulgar brother spicy younger brother)

2, the collision between two cars, this is the responsibility of the division, which belongs to the fact judgment, rather than a legal judgment, I think it is a mutual responsibility, 55 4 6, are likely to be in accordance with the provisions of judicial interpretation of personal injury compensation shall bear the corresponding liability according to their respective fault size or cause proportion. (Wuhan lawyer Xiong Yanbin, Sina micro-blog @ Xiong Yanbin lawyers)

 

 

35, ask: professionals, ask the Commission for discipline inspection officials and other non party people to assist in the investigation, the continuous held in hotel more than 10 days, not to call, do not make contact with other people, do not let sleep, which belongs to the restriction of personal freedom? Commission for Discipline Inspection of illegal the WHO tube? Being held 10 days what is the remedy? To apply for state compensation?

Answer: 1, (1) the Commission for Discipline Inspection of the double action is in accordance with the relevant provisions of the Party of execution, does not belong to the legal method and the legal compulsory measures.

(2) discipline violations, can complain to their level and response mechanism.

(3) for dual gauge measures at present there is no legal means of relief, if the exception of injury. (Chongqing lawyer Zhang Tingyuan, Sina micro-blog @ Zhang Tingyuan lawyers)

2, I have some different views: "China discipline inspection organs case inspection work regulations" provisions of article twenty-eighth; "those who know the circumstances of the case organizations and individuals have the obligation to provide evidence. The investigation group has the right to take the following measures in accordance with the prescribed procedures, investigation and evidence collection, relevant organizations and individuals shall provide truthful evidence, and shall not refuse or obstruct....... (three) to explain the requirements related to personnel within the stipulated time, place on the case and the issues involved; "" the people's Republic of China Administrative Supervision Law "Twentieth stipulates:" the supervisory organ in investigating violations of the rules of administrative discipline, can according to the actual situation and the need to take Letos:...... (three) shall be a violation of administrative discipline and the persons suspected of investigation involving matters within the specified time, place of issue an explanation, but shall not be detained in the detention of the;......." Because of the Central Commission for Discipline Inspection and supervision department has offices, in addition to the discipline inspection departments above the supervisory organ half grade, therefore the use of the latter gradually by the "two rules". That is to say if that case belongs to the non party people, may also be required to assist in the investigation.

In the process of practice, the respondents once called to the site, not by the investigators agree, cannot leave, can't go home, in fact deprived of personal freedom. Due to the infinite, the time location uncertainty, confidentiality, non strict procedures, the lack of external supervision and other factors, the "double" in violation of the freedom of the person at the same time also easy to promote some illegal confessions by torture, but in the implementation of the "double" in the process, when the thing person neither marking the right, also do not enjoy the right to an attorney, therefore, forensics difficult problems of illegal "double" process.

Violations of the Discipline Inspection Commission, you can report to a higher level commission for Discipline Inspection organs.

For state compensation. Commission for Discipline Inspection and supervision organs as though the state organs of different, but essentially it with the supervisory organ is "a group of people", this makes it has the property of state organs in the form, the staff also has the national civil servants. Both the implementation of double alone in the discipline inspection organs under the circumstances, or the implementation of dual gauge in the discipline inspection organs mainly, supplemented by other state organs under the circumstances, the discipline inspection organs and supervisory organs offices under the circumstances, the staff has a dual identity. If there is evidence that the Commission for Discipline Inspection and illegal "double" situation, can apply for state compensation, but in reality, the Commission for Discipline Inspection Authority is based on, court may well not be accepted. (in-house lawyers Du Hongtao, Sina micro-blog @Wilsonduht)

 

 

36, ask: a Jiaye riding without headlights and rear motorcycle driving in the absence of street road, the result is a B the motorcycle (lamp) collision. (Note: the car did not shine). Excuse me, their respective responsibilities should be how to divide? This case different lawyers have different opinions, I difficult choice. Some said: "according to the" Regulations "the responsibility of traffic accidents in Beijing road fourth second, and sixty-eighth: at night without lighting on the road did not open the headlight, the profile indicating lamp and rear position lamp. A violation behavior (i.e., serious violations), so one should bear the main responsibility. What do you think?

Answer: I personally think that is in that the responsibility of traffic police shall prevail. I do have traffic cases, no matter how analysis of lawyer, the court is in accordance with the police identified the sentence. (lawyer Jin Hongwei)

 

 

37, ask: in July last year, I drove into a pedestrian, vehicle jiaojingdui buckles, until now, two injured leg fracture, now has been discharged from the hospital, the wounded to drink in the evening did not walk on the sidewalk, my main responsibility of traffic accident, the injured not sue solve, private money to solve is unreasonable, the traffic police the team said the amount of money can not put the car, I would like to ask, how long is the traffic accident prescription? The traffic police team do reasonable things? So what can I do? Give suggestions! Thank you

Answer: 1, the traffic administrative department according to the "road traffic safety law" and "processing lines" forty-seventh public security organ shall make up the road traffic accident within ten days from the date of confirmation of site investigation. Traffic accident cases produce road transportation accident in ten days after the seized vehicles and drivers in traffic accident certificate. On the need for inspection, identification, testing, expert conclusion shall be determined on the date of manufacture of road traffic accident within five days of confirmation.

2, make the traffic administrative department of the accident, you can choose the way of litigation mediation or.

You consult the limitation, about 3, can refer to the following: (1) for caused by traffic accident has nothing to do with the human body damage, such as loss of vehicles, vehicle cargo loss, the limitation of action for two years. (2) for the obvious people caused by traffic accident injury, such as medical costs, delay costs, transportation costs, calculate the year of limitation of action in a traffic accident on the date of. But within a year or a year end without treatment could not be disabled, should apply the "general rules of the civil law" 139th, "in the period of limitation of action for the last six months because of force majeure or other obstacles cannot exercise his right of claim, litigation limitation suspension. The grounds for the suspension are eliminated from the date, the period of limitation of action to continue the calculation." From the end of the day or the treatment of residues from the date of six months, to calculate the remaining. (Wang Zhen, Sina micro-blog @ the most basic cold)

 

 

38, ask: Hello, consultation questions. The simple point that is the top of households roof seepage. Many developers and property repair, do not repair, and refused to pay property costs. Not setting up the Commission, but the property specified in the contract of property has the obligation to establish. The purchase of more than five years, but the early negotiations housing Water Leakage matters. Now the property that does not concern him, then how should find who is responsible?

Answer: This is a recurring problem, 1, if you buy a house in the quality guarantee period, responsible for repair party should be the construction side; 2, exceeding the quality guarantee period need you in the property under the coordination, pay to the Housing Bureau for the use of your purchase of the repair funds to repair, but the use of repair fund most of the owners agreed to specific needs; on the basis of "property management regulations" and practical experience you buy a house after 5 years, you can consult the local real estate board property section, supervise the property to help repair fund. (Wang Zhen, Sina micro-blog @ the most basic cold)

 

 

39, ask: I want to ask you one thing, in 1993 the difficulty, we employee shares, shares, issued a warrant, the Asian financial crisis in 2008, our factory will be closed to you, we will put the stock exchanges, back to the factory, cash repayment, but is a hand stock warrants, a hand in the leading principal list, sign for money. No money any withdrawal file, just on the money list signature, pick up the money list format is the name, amount, has been converted into shares of the company, for the Shanghai A share market. In 2007 we will at the same time, their shareholders, executives are also Kuogu capital. Now the company asked me to represent the accountant in the lawyer representing the,, the listed securities company representative, in front of 3 representatives, while also recording, ready to let me sign is equivalent to give up ownership of legal documents. Excuse me, Mr. Lee, I can return to equity? Before the pay warrant and signing up for the principal, whether it is legitimate withdrawal? Thank lawyers guide, eager for lawyers reply.

Answer: 1, this problem has been a lot of cases, companies can not have litigation disputes, not IPO. Let the consultant will complain to the Commission as soon as possible, and to initiate proceedings.. As for the analysis of specific legal, space will be very long (lawyer Jin Hongwei).

2, I think the stock shares of the capital stock will be back for the shares in the hands of the price sold to the company, the shareholders have been unable to return to equity. Because if there are risks, the financial storm withdrawal is the investors in the informed price from the company withdrew voluntarily to equity, the company does not exist fraud, legal and valid price sold equity act. (police Xu Kaicai, Sina micro-blog @ ice cool 0)

 

 

40, ask: collusion hurt C B, but later she have evidence that ethylene alone induced a C seriously, whether need to take responsibility?

Answer: 1, if a common stage preparation tools or manufacturing conditions and other specific behavior, belonging to the preparation for a crime. Should bear the legal responsibility.

2, criminal law and regulation, the preparatory crime should be accomplished offense a mitigated punishment or be exempted from punishment (Chongqing lawyer Zhang Tingyuan, Sina micro-blogTing ZhangSource of law

 

41, ask: a commissioned lawyer testamentary bequest, a flat to C, because B omissions, the will invalid, to C cannot obtain the bequest. C ask B damages?

Answer: 1, wills, in principle cannot be entrusted. Scrivener wills, wills to witness the most. I do not know B belongs to what omissions, can say, so as to have a complete answer. (lawyer Liu Jiang, Sina micro-blog @ Liu Jiang _ lawyer)
   2, (1) law fifty-fourth stipulation: Lawyer practises illegally or causes losses to a party due to his fault, the firm shall bear the responsibility for compensation.
 (2) in the fault evidence really case, C may require B law firm where the claim for compensation. (Chongqing lawyer Zhang Tingyuan, Sina micro-blog @ Zhang Tingyuan lawyers)

 

 

42, (1) ask: hello! I was in Henan Xinyang County, home to the village 20000 yuan in 1984 (interest rate 2 points like 4 times when the interest rate) do woolen factory, and the factory closed down, the village has been in arrears of payment, in 2012 to settle ious interest has reached about 100000, the village leadership for a lot of time but still admits arrears commission income, but no village reform now, do not have repayment ability. What I do now, but also to my back? Thank you!

Answer: since 2012, the village committee clearing arrears, which can prove the claim power of the creditor has been aging, can prosecute. (lawyer Jin Hongwei)

(2) ask: I want to know after the prosecution case, the village committee has no ability to repay, so the government can pad? Or are there other ways to repayment! Thank you, thank you for your reply.

Answer: This is a complicated question. The village committee in the law is the villagers' autonomous organization, but also bear some of the functions of government. So, if the cause of the village committee borrowing behavior has nothing to do with the functions of the government, I think, the government has no obligation to pay. From his perspective, the loan and set up factories, it seems has nothing to do with the government (lawyer Jin Hongwei)

 

 

43, ask: Hello, I bought in the county 09 years a property as a result of the original developers refused to invoice, we have the actual living but failed to handle the real estate certificate. The same year, the developers responsible person (a case of Zhang Yu in Jingxian County, there are reports) for a series of criminal cases were arrested, 11 cases concluded, his company also cancelled. I do not know the circumstances of my property permits can handle?

Answer: should be carried out before 1, the cancellation of the company liquidation, liquidation before the cancellation of registration. After the company was canceled, no longer has the capacity for civil rights and capacity. (Dongguan Xinhua forensic College)

2, the liquidation of the company shall have a liquidation organization, the liquidation organization on behalf of Clearing Corp to fulfill the debt, companies can't intervene has nothing to do with the liquidation matters (Rollo, Sina micro-blog @, two zero four six)

 

 

44, ask: hello! When China Telecom come to my house to upgrade to fiber broadband broadband password home to change, and afterwards also did not tell me. I found that because of the change in the router password is changed. Because the network could not quite hit a lot of phone calls to the complaint, they said I was a router problem, then I changed several routing, finally at my request the staff they sent me home inspection, found that the password has been changed. The only home I and mother, the mother did not understand these things, I have not changed, homes where guests, repair staff presumption should be the last door staff give me time to upgrade the fiber put my password to modify. What should I ask adults?

Answer: this matter he Is it right? Changed the password, or what reason, as long as you prove Telecom not agreed to provide service on the line, do not provide services in accordance with the contract, shall bear the liability for breach of contract (Dongguan, forensic College)

 

 

45, ask: big Hello: a set of real estate of my grandfather's grandfather, had three children, respectively is the son of A, daughter B and son C. Due to the small son C married the widowed after be misfits with the wife, so you worry about his property was his wife's young son C force segmentation in death (grandfather property is a small son C premarital property), it requests the case a few idea: 1, daughter B has made it clear that the waiver of succession; 2, if it is to B this property will have higher transfer cost, so the grandfather to advance the testator and notarization, but I do not know will not produce higher fees. Asked for a safe and low cost of the property inheritance to the B method (family in addition to C's wife has been reached). Thank you big, look forward to your answer!

Answer: estate in what place? Beijing's wills notarized, produce a sum equivalent to 2% of the value of the property costs. (assistant lawyer Wang Shuo, @ Sina micro-blog leon_W1984)

 

46, ask:My mobile phone to send text messages to a newspaper for nearly 1000, until the light bill, which costs are charged with China Mobile, not collection. I totally unaware of sms. After consulting the China Mobile customer service staff said, mobile phone virus, it has nothing to do with them. Excuse me, I how to safeguard their rights, how to solve these problems?

Answer: is a problem of contract law, to prove that the telecommunication companies default, have proved by poisoning the costs incurred are telecom company's responsibility, otherwise, their responsibility. (lawyer Sun Jianzhong, Sina micro-blog @ Shanghai lawyer Sun Jianzhong)

 

 

47, ask:Hello, my dad's in town rented 50 mu of land for the orange contract for 5 years, but now the town to sell the company, the contract and the contract expires three years, wrote in his young charges without compensation, and national land all to obey, and now that the maturity of three years can not get compensation

Answer: according to the "contract law" the relevant provisions of the PRC Land, if you are in accordance with the contract, the rational use of the land contract, the employer shall not be illegal change, termination of the contract.

For you have said, 1) may require the employer to continue to perform the contract. 2) if both parties agree through consultation to terminate the contract, can ask for payment of liquidated damages.

The reference Law: "contract law" article 107th: if a party fails to perform the obligations under the contract or not in conformity with the agreed obligations, should continue to perform, to take remedial measures, or to compensate for losses and liability for breach of contract.

Article 113rd: if a party fails to perform the obligations under the contract or not in conformity with the agreed obligations, 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 be the the loss should have been foreseen by the.

"Contract law" provisions of the people's Republic of China Land: fourteenth the employer shall undertake the following duties: (a) maintenance contractor's right to land contractual management, not illegal change, termination of the contract; (two) the autonomy of production and management of the Contractor shall not respect, the normal production and operation activities according to law, the contractor (interference; three) in accordance with the agreed upon in the contract for the contractor to provide production, technology, information and other services. (four) the implementation of the county, township (town) the overall land use planning, organizing the construction of the agricultural infrastructure of collective economic organizations. (five) other obligations stipulated by laws, administrative rules and regulations.

Sixteenth the Contractor shall enjoy the following rights: (a) enjoys the contracted land use, benefits and the right to land contractual management rights according to law, organizational autonomy of production management and disposal of products; (two) the contracted land is requisitioned, occupation, have the right to obtain appropriate compensation; (three) other rights provided laws, administrative rules and regulations. (Li Huan Tencent Micro message Reiko)

 

 

48, ask: request for legal aid: a (the main shops)... Delegate B (shopping mall), generation of business premises, sign a contract for 6 years. C through B rent the berth (contract signed a year), this period will be full, B the shops rent others. Under the same conditions, have the priority to renew this C. No direct negotiation with C, another rent others. C could not continue to operate, resulting in the loss of. The B to a commissioned to recover an excuse. But the trial evidence B B commissioned by the contract, the contract is 6 years, the now 3 year. When both parties breach caused by operating losses. The court sentenced to losing the collegial panel. Propylene prosecute B, requested to continue leasing, operating or compensation for the loss of 100000 yuan. --- please help me have a look, I prosecuted for? How to restore the loss? Thank you.

Answer: according to the "Supreme People's Court on the law applicable to a number of Labor Dispute Cases Interpretation (four)" the first labor dispute arbitration committee to no jurisdiction is inadmissible on labor disputes, litigation of the parties, the people's court in accordance with the treatment respectively to the present:

(a) the examination that the labor dispute arbitration committee has no jurisdiction over the case, it shall inform the parties to the jurisdiction of the labor dispute arbitration committee for arbitration;

(two) after examination that the labor dispute arbitration committee has jurisdiction, shall inform the parties applying for arbitration, and the examination opinions written notice to the labor dispute arbitration committee, labor dispute arbitration commission is not accepted, the parties of the labor dispute of lawsuit, it shall be accepted.

Suggestions to direct litigation. (lawyer Luo Qiang, Sina micro-blog @ learning knowledge)

 

 

50, ask: is this. We live in a rural area of Guangzhou City, a family of four, pure girl family. To squeeze in a 40 square meters house. Before my mother has written a letter of application for the homestead, had been built in our village, the village committee, as well as the town of family planning office of the chapter. They all agreed that we apply for homestead, the Land Bureau there are considered qualified we have applied for. But our production team captain because personal refused to give us. Later the Land Bureau there, captain is the most know our truth, we don't give points, the captain said to calculate, the land bureau had no right to interfere. Excuse me, what should we do? Beg you to help us!

Answer: if you apply for construction land procedures are complete, you can draw a good amount of plots of land to build houses in the village, others have no right to interfere with, build is to get one of the real right of way, such as the production of captain of your building in building damage you can alarm or prosecution request civil compensation, protect your legal rights and interests. On the other, the village committee belongs to grassroots self-governing organizations is not a level of government, production team leader more real interference state organs to the personal qualification certificate etc..

Thirty-second legal basis for the protection of property rights violations, the right people can be resolved through conciliation, mediation or arbitration, etc.. Article thirty-fifth a real right or may be obstructed, the right holder may require the removal or elimination of prejudice risk.

Article thirty-sixth the immovables or movables are damaged, the holder may request repair, redoing, replacement or restoration to the original state.

Article thirty-seventh against property, damages are caused to the obligee, the obligee may request compensation for damage, can also request the bear other civil liabilities. Sixty-sixth private property shall be protected by law, no entity or individual may encroach, plunder, destruction. "The people's Republic of China Law of Villager Committee Organization" first in order to ensure rural self-government by villagers, manage their own affairs according to law, the development of rural grassroots democracy, safeguard the legitimate rights and interests of the villagers, and promote the building of a new socialist countryside, according to the constitution, this law is enacted. Tenth villagers committee and its members shall observe the constitution, laws, regulations and national policies, to observe and to organize the implementation of villagers' autonomy, village, village meetings, village representatives to execute the decisions, resolutions, fair, honest, enthusiastic service for the village people, accept the supervision of the villagers. (Zhao Tianyi court, Sina micro-blog @ thinking with no chink in one's armour)

 

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