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.

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This is the answer of 3114th to 3165th legal consultation

 

"Major" legal aid platform Q & a record (eighty-nine)

 

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:

 

3114, Hello, my little brother is full already eighteen years old, he and his girlfriend(Under fourteen years of age)A sexual relationship, has been characterized as rape, now in a detention center, now the case has been submitted to procuratorate, my brother admit attitude good and her family have been understanding and not to pursue, then the court may sentence him to long term? If my family is now guaranteed Marquis examine my brother will be sentenced? To judge how long ah?

Answer: according to the provisions of the relevant laws of our country, the doer and under the age of fourteen young girls have sex, constitute the criminal law on the "rape", the circumstances of the crime in general, in the three years to ten years in prison range shall be given a heavier punishment.

    Your brother's behavior, has constituted a crime, because he pleaded guilty attitude is good, also be each other families understanding, no serious damage circumstances exist, then he is in conformity with the provisions of the circumstances of the crime in general.

    According to China's Criminal Procedure Law stipulates clearly that the 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:

(two) may be sentenced penalty above, release on bail will not take the danger to the society;

  That your brother's situation, can apply for bail. Combination of circumstances of sentencing, can be placed on probation, depending on the decision of the court. (Li Zhixin, Sina micro-blog@Shy Oriole)

 

3115Hello, major! I have a thing to want to consult: my grandfather clock (1923-2010) was retired cadres of Sinopec Yangjiang company of Guangdong, company until to the elderly to buy a hospitalization insurance subsidies (50Yuan a day, a year can only fill60Day), the elderly infirm from97Years10Years always needs uninterrupted treatment in the hospital. But the person responsible for the Ministry of personnel matters of Sinopec Yangjiang company has been overshadowed by buying this insurance fact, myself with my grandpa's identity card to open a bank account the money brought take forcible possession of (there are four retired old man is this experience), my grandfather10When our family died through some notes that this sum of money is to companies seek explanation (we can only rely on their own through some related evidence obtained only from04Years to10Years), Sinopec Yangjiang company will only be fed back to this part of the money,97To03Because we have no proof that also became a who is not responsible for the dead account (unit saying we don't have evidence, a long time they couldn't verify). Excuse me, how can we verify the recovery we deserve the insurance claim? And our insurance compensation whether fraud? Legal sanctions by what we the most direct and fastest way to let her under her right?

Answer: Retired Veteran Cadres enjoy full medical reimbursement in accordance with the provisions of treatment. Unit belongs to the commercial insurance hospitalization insurance allowance your father, your father as the insured and beneficiary, should obtain the corresponding insurance allowance during hospitalization, units should be part of the hospitalization insurance benefits, return to your father. The unit will be private insurance to detain, constitute embezzlement. For97Years to03Insurance allowances for years, recommend to the insurance company to take the relevant certificate of insurance, such as insurance companies do not cooperate, can complain to the insurance regulatory bureau. For the units for the insurance problem, can reflect the higher authorities or departments of discipline.

Another method, can tell the insurance company fails to perform the contract of insurance, unit has accepted the evidence obtained through cross examination, and then to v. unit of unjust enrichment and intentional fault caused by the loss, the bank loan interest standard. At the same time, the families of four old people can deal with an application to the superior authority unit. (Du Hongtao, Sina micro-blog@Major case-Du Hongtao; Deng Haifeng, Sina micro-blog@Deng Haifeng lawyers)

 

3116Zhang, senior students, full18One, Lu is high school students,16Years of age.11Month10Day two people quarrel because of contradiction,11Month11Find three people, Zhang Lu, Lu played two slap in the face.11Month12Day Lu and a friend a, B and C two Zhang and friends, the couple fight, a third head with a knife stabbed, Ding B hand muscle was cut off with a knife. Now a full18Years old, escape after the incident, the police did not find. C, B have been hospitalized and discharged, no harm. Problem a: C, B are students, in the school to pay the insurance, the insurance company is to submit an expense account, if for reimbursement, can compensate for damages. Question two: Lu friends will c a cut, mainly is the responsibility of the Lu is a? Lu, a most what will be the punishment? Question three, how to distribute the compensation the wounded. Question four, Lu's parents should be how to deal with the matter. Thank you very much for your answer.

Answer: the school pay insurance for personal accident insurance, personal accident insurance refers to the insured in the insurance within the period of validity, because suffer involuntary, exotic, accidents happen suddenly, causes the body to suffer harm and when disability or death, the insurance company in accordance with the stipulations of the contract of insurance insurance gold insurance. In this case the Lu and B and C, Zhang Ding, to fight, do not belong to the accident, the insurance company does not assume liability to pay compensation, will not be able to offset the costs of compensation.

Lu, a most serious consequence is arrested for the crime of intentional injury crime of affray crime, etc..

A16Years old, already belongs to the legal sense of capacity, responsible for his wounded C brain behavior,But the limited capacity, civil compensation required by the parents to bear. In this case, Lu and B and C, Zhang Ding coalescence fight, need to see each other to determine the liability of damage. It is recommended to consultation or mediation compensation, if no agreement is reached through consultation, can go to court. (Li Lina, Sina micro-blog@Na wood to write of time; often tiger, Sina micro-blog@To Chang Hu lawyers)

 

3117, Hello, recently had a traffic accident, the traffic police to determine the full responsibility for each other, no injury, damage repair, all right, but the other rogue beginning, refused to pay, we intend to prosecute the indictment, excuse me how to write, what elements are required, whether the need for detailed information of the other party, such as household registration details. If good lawsuit, the other does not perform, I again how to do? Very anxious, want to help us.

Answer: the indictment includes each other's identity information, home address, specific claims, facts and reasons to write clearly on it. The defendant for the owners, the driver and the insurance company, if the owner is no fault in the incident, can be exempted from liability. You can be in where the accident occurred grassroots court. The other execution can apply to enforce the verdict comes into effect, there are other insurance companies, this is generally not exist, so do not worry too much. (Xie Yanping, Sina micro-blog@Avenue ")

 

3118Security requirements, see my father, the Public Security Bureau people forbade them to meet. Soon, my aunt received the Yingcheng Quality Supervision Bureau deputy director of the telephone, said your family must leave Yingcheng and stop it, we can put people. Ten afternoon, my brother finally heard my father is being held in custody. My brother got the written decision of administrative detention, saying that my father was seriously disturbed state organs of the Yingcheng Bureau of quality supervision office order, decided to impose a seven day detention period. But my family is still forbidden to meet with my father. Now I would like to ask me what to do?

Answer: can the detention of filing the application for reconsideration, the reconsideration by the suspension of detention for collateral to obtain evidence, reason is met, the best lawyer. (Deng Haifeng, Sina micro-blog@Deng Haifeng lawyers)

 

3119,2004Years ago, parents have the house6Room, a woman and two men. In the2004Years of separation, the eldest brother had four houses, other houses still belongs to parents. But at that time did not sign any agreement.2009Mother died,2012Father into no capacity for civil conduct,2013Housing demolition. The daughter asked segmentation mother heritage, advocate6House3To belong to mother heritage, asked his father to my brothers and their 1/4 all. The truth is6House4To belong to my brother2004Years of separation of income, he continues to live today, in the rural family oral said even if, no written evidence, the ownership of the house did not do the alteration registration, now how to prove the house is the eldest brother, how should do?

Answer: this question is about how to obtain the evidence fact household division.1The second brother, daughter, recording the household division is the parents agreed statement;2The neighbors, relatives and friends, know the facts of testimony of witness;3Brother sister, if not recognized brother long living fact, may apply to the court for investigation to local long-term residence in big brother; according to the behavioral ability and oral expression of appropriate time father, may request the court to let his father to make a statement. Other needs in court debating skills let brother and sister by the fact that active statement. (Deng Haifeng, Sina micro-blog@Deng Haifeng lawyers)

 

3120Hello! Legal problems concerning retired want to your advice: I work at a local gas station, because of special types of work, women50Years old can be reasonable retirement procedures, I have reached retirement age, but I only worked in gas station7Years, not reached15Years before, in the gas station did not pay any social security, in the gas station in the social security, I am willing to deal with emeritus formalities gas station, but social security bureau refused to accept, that is to have some prior work can be accepted, I want to give you advice, I how to handle my retirement. Whether or not to apply for to get the pension? Thank you.

Answer: according to the provisions of the existing social security regulations, pay social security fee shall be full of15Years to enjoy retirement, you capture expends fixed number of year is not enough, consultative suggestions and social security institutions, whether through the account the location of local streets and other one-time or staging overdue social security, in order to deal with emeritus formalities. Sina (micro-blog@Major case-Du Hongtao.

 

3121, Hello, I am Zhuhai.8Month4Japan, travel to work by601BBus to go home, get off5Point55So, the car is the same company man riding a motorcycle crashed into come, then the alarm, the police on the spot consultation for the record, the family rushed to hospital for treatment, the doctor check for multiple soft tissue bruise, right lateral malleolar fractures. The traffic police to determine the full responsibility, because the time of accident is closing time, also for me for work injury (I just entered the company1More than a month, for a trial period2Months).8Month4Date of admission,12During hospitalization, hospital, who also came to visit after discharge from industrial matters, for, as I action inconvenience, the perpetrators help with the information back to the company management. Because the didn't do operation, the doctor asked each2Week of recheck the fracture healing, the previous visit, the perpetrators to see my action inconvenience, also ask colleagues borrowed car I visit. After the said he had no time to work, he is also no longer ask me, your money is my first out, then I think the medical fee is he wants out, I don't agree with me at first, he also ignore, after his girlfriend to contact me, return money to transfer her to me, I was accompanied by family car to visit. Now4Months, when two days before the visit, (3Little visit) her girlfriend said leave to accompany me to visit, said at noon, half time at the station, because she didn't say traffic mode, I also pack a car in the past, to2Point of time, I boarded the train to call his girlfriend, she said not starting, request taxi drivers went to pick her to go to the hospital, because the taxi driver3To return to the company, so she asked disregarded, I timely referral, follow-up after, she arrived, the sisters also came, one to come First impressions are strongest criticism: why don't I take the bus to come back, said her money I lie, I do not go to work...But she transferred to me again money I didn't want her, she gave me a referral money I also have her logarithm. I was injured, I did not request the perpetrators, I even he hit my car also agree with him back, but he was in no case of compensation that I had asked him for money, is a bottomless pit, and every time to my family are a group of people around him to take the money, but he came to my home, my family I no one is more than5Man, how to go around him!!! Now the industrial group, the company every month to Zhuhai minimum wage (buckle social security) and now I want to know if the claim, the amount of compensation calculation? If the court can solve not better? Method for calculating the

Answer: for work on the way encounter traffic accident, the main reason of the non - I, should be identified as work-related injuries. Your situation in line with the injury conditions, and has been identified as work-related injuries. You can enjoy the treatment of work-related injuries in accordance with the "Regulations" provisions on work-related injury insurance, such as medical expenses, food subsidies paid by the work-related injury insurance fund, the life cannot provide for oneself or for retention period in need of care, the unit is responsible for, you can request payment care unit. In the injury stoppages retention period, the original status remains unchanged, shall be borne by the unit of payment. Unit to you only pay the minimum wage does not comply with the provisions of. The traffic accident, according to the "Regulations on certain issues concerning the application of law in the trial of personal injury compensation case explanation", due to the employer other than the third person tort workers caused personal injury, compensation for the right to the third party shall bear civil liability for compensation, the people's court shall support. You to enjoy the treatment of work-related injuries and traffic accidents, to demand compensation for personal injury, including medical expenses, lost income, nursing fees, transportation fees, accommodation fees, hospitalization fee food subsidies, necessary, can also request the spirit damage compensate. In view of the situation, you can sue to the court (Sina micro-blog@Major case-Du Hongtao.

 

3122There are two sets of house parents, marriage, the mother died before the testator notary her half the property to me, father alive, outside of gambling debts, following this, as the background question: I think the real completely into my name as soon as possible, prevent the parent mortgage gambling, how to operate?2If fully to my name, become my property, my father can't repay the arrears, the court will auction the house debts? Thank you, hope to answer.

Answer:1Take the probate of wills and property permits mother to the Housing Authority transfer. But for the legitimate property which belongs to your mother may be controversial, consensus can be part of the transfer of property belonging to your mother to your name.

　　2You are the rightful owner of property transfer, not your father, you allow others shall not infringe upon the legitimate property you non, so even if your father can't pay back the money is not your real estate auction. (Lei Wenxia, Sina micro-blog@Major case-Lei Wenxia.

 

3123Hello! The basic medical insurance premium of Changsha college students this year prices, requires a few years ago a one-time students pay fees, this reasonable?

Answer: the school unreasonable demands, may apply to the higher education department to reflect the situation of school fees. Sina (micro-blog@Major case-Du Hongtao.

 

3124I would like to ask, my house was taken loans but the business failed stop factory owed the bank money didn't also ran. What should I do now?

Answer: if your property has dealt with mortgage formalities, the bank has the right to require the exercise mortgages with your property. You as collateral, repayment of debt can be in consultation with the bank, to keep your property. Then you can for the debtor to repay the loan, the debtor to recover, if the debtor has other property, may bring a lawsuit in court, if no other property, the loss of short-term is very difficult to recover. Sina (micro-blog@Major case-Du Hongtao.

 

3125Lee, a truck after the accident, the truck and its repair tools, pumps and other sold to Wang, Wang did not know the truth. Wang a one-time payment, to save trouble did not handle the transfer procedures, a month later, the police come, just know the truth, and Lee had fled, the traffic police impounded the car, the families of the victims for compensation, to ask Mr. Wang to offset the truck and car repair tools, ask Wang is no need to purchase all the subject to give the families of the victims? What am I gonna do?

Answer: first, the motor vehicle to deliver as elements of the alteration of real right, the non registration not confrontation goodwill third person. Although Lee will be the car to Wang, but Lee exist fraud, property has not changed. Wang Is it right? Bona fide? Wang is not the good intentions obtain, because Wang in the event the dupe, has been unable to find the seller, not the burden of proof is made in good faith. Police found the vehicle, according to information search vehicles, Che Kwun registration in accordance with the law to detain, is the legal behavior. Methods a king is suing Lee, he returned to buy truckloads of money.

Second, Wang did not need to purchase all the subject to the victims' families. The truck can be seized, enforced, but repair tools and pumps do not involve the traffic accident, Wang Mouyouquan to all. (Wang Dongxu, Sina micro-blog@One flew over the cuckoo) fish

 

3126Hello! I have a question to ask you know, three years ago I security for friends to borrow another friend twenty thousand dollars! But in this period of time he repay him in prison! As a friend I don't find him, but now he is back! Just lazy! What should I do?

Answer: do not know what you said is what guarantees, and whether you have to help him out now, if the guarantor, but also did not help him to pay the debt, then you have a plea, the creditor must first ask your friend to find you are demanding payment demanding payment, if the pledge collateral way, so the creditor may directly request you, if your friend doesn't pledge due also creditors can auction sale pledge to realize creditor's rights.

The above two kinds of circumstances to pay back the money you may not be the same, no matter which kind of, you can have your repayment requirements of part of your friend is you. Save the original repayment evidence such as the receipt, of course, the creditor can testify the best, may bring a lawsuit to your friend, claim your rights. (Lei Wenxia, Sina micro-blog@Major case-Lei Wenxia.

 

3127, Hello, consult. A as a furniture factory boss, hire workers B, did not sign labor contract, work time has been for many years. The parties acknowledge that the employment relationship. A few days ago, B to getting up at five in the morning to go to the toilet, sudden cerebral thrombosis, was rushed to a hospital for treatment, the nail has to pay medical expenses10000Yuan, Party B family members refused to go to the hospital, only Otsuichi person in the hospital. I would like to ask: A, this is to belong to inductrial injury? Two, as part of a work-related injury, how to do? If not belong to inductrial injury, a how to do, in order to better safeguard their own interests?

Answer: according to the "Regulations" of 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.

B at five in the morning to get up on the toilet at home, because their physical causes of sudden cerebral thrombosis, does not comply with the industrial conditions, so it cannot be identified as work-related injuries.

Problem two How to protect their rights and interests of non work related injuries, according to the labor department "on the implementation of" labor law "of the people's Republic of China issues opinions" Notice No.59Provisions, workers due to illness or non work related injury during the treatment, in the prescribed period of medical treatment by the enterprise according to the relevant provisions of payment of the sick pay or disease relief, sick pay or disease relief can be lower than the local minimum wage standard payment, but not less than the minimum wage standard80%. Specific details can refer to specific local regulations. (Law of wind)

 

3128, Hello, I would like to ask a question, a question Is it right? Annual leave, after a full year of annual leave in the following year period are effective

Answer: each unit on the vacation policy is different, you have to ask your unit specific administrative department. In general, annual leave only when year, last year did not rest can not be incorporated into the next year, workers can apply for annual vacation according to oneself, but also has unit allows workers but because of working reason did not rest can be off in the next year. When did not leave, also did not work, according to the labor law should be regarded as overtime. (Lai peace, Sina micro-blog@My name no nickname)

 

3129Excuse me, with an expiry date, IOU?

Answer: I will not expire, just have the limitation proceedings, the shortest expiration of two years from debt, aborted interrupt the length of not more than20Years,20Years after the debtor to pay creditors, creditors can be obtained based on the creditor the right to accept the money. (Shen Tong, Sina micro-blog: Shu Yu)

 

3130Major, gentleman, hello! Legal issues I consult a medical dispute. Ashamed to say, I was a Sichuan University reading Master of laws, but some legal problems related to medical disputes is still some inaccurate grasp. The case is this: one of my relatives30Next, in the county hospital for duodenal polyp resection operation, postoperative first no matter, but after returning home at night suddenly fierce abdominal pains, rushed to the hospital, life is critical to city hospital was rescued, after inspection is postoperative pancreatitis causes endangering condition got. In more than a month to the hospital, visible really serious. My question is:1Pancreatitis is caused, the previous polyp operation, this county hospital should bear tort liability, undertake pancreatitis medical fees and related delays fees;2, application of the law, "tort liability act" in the medical liability and personal injury "explanation", "medical malpractice regulations" also not? Also the law? Thank you.

Answer: (1Some of the complications after operation) many is reasonable, as long as not hospital violation of operating standard of the cause, not the responsibility of the general hospital, but to determine whether a medical accident requires identification.

(2According to the notice of the Supreme People's Court on) with reference to "Regulations on handling medical accidents" trying civil cases on medical disputes, "medical malpractice regulations" has been abolished. The treatment of medical disputes is mainly suitable for judicial interpretation of personal injury compensation and Tort Liability Act (Sina micro-blog@Major case-Du Hongtao.

 

3131A friend of mine, was arrested for the crime of illegal possession of drugs, received the charges of drug trafficking, suggest to fifteen years in prison. The case happened when he get to the other side of the house to carry on bag on a chair in the living room, and then into the toilet to urinate, before and after about two minutes, the bathroom was controlled after it was brought down the stairs, more than an hour after the didn't contact with this package. Police say the bag with ice99Many grams. I want to consult is according to the principle of innocent question the Supreme Court recently, whether the court should determine which belongs to the innocent, the population has been denied for carrying drugs.

Answer: only on the basis of the confession of the accused is not whether the conviction. According to the criminal judicial interpretation of the provisions of article 104th, there is an intrinsic connection between evidence, common to the same facts to be proved, there is no contradiction can not be excluded and can not explain the question, can be taken as a basis. If your friend is shown not to have the habit of taking harmful drugs, and in the investigation stage cannot prove legal possession of drugs, may be arrested on suspicion of the crime of illegal possession of drugs. The public security organ may be based on other suspect's confession, find such as proof of your friends with drug trafficking intention telephone recording, sms. All the evidence by the court, identification, quality permits and be able to form a chain of evidence, the court will be a guilty verdict according to law. Of course, the above are the analysis of reasonable assumption, as an outsider, no files, file reading, for you cannot make a final conclusion. According to the article 347th of the criminal law, trafficking in methamphetamine fifty grams or more, was sentenced to life imprisonment or the death penalty, fifteen years, also be sentenced to confiscation of property. (Li Jie, Sina micro-blog: Constitutional citizen)

 

3132Driving without a license, a semi-trailer one arm injuries, the need for skin grafting operation treatment, how can relatively reduce the driver loss?

Answer: according to relevant laws and regulations, undocumented driving causing injury, how to take responsibility mainly depends on the cause of the accident and the responsibilities of both sides size, driving without a license does not necessarily assume responsibility for the accident, according to traffic police to compensate the delineation of responsibility. Driving without a license will give the penalty, the penalty of detention. The best way to reduce the loss is present, reduce loss. A positive relief to the victim, to obtain the understanding. (Wang Zhen lawyer, Sina micro-blog@Major case-Earthquake; Lai Heping, Sina micro-blog@My name no nickname)

 

3133I want to ask, and the employing units, not in contract cases, accidental injuries, you can find the employer claim to write

Answer: if accidental injuries were identified as work-related injuries or because of work reasons caused or are on the way to and from work, in accordance with the industrial standard of compensation to the employer and social security for payment. If does not work, or have not been identified as work-related injuries, and then the general case the employer is not covered by. Shenzhen branch (a lawyer, Sina micro-blog@Shenzhen branch of a lawyer)

 

3134Hello. I finished the work after two months ago took60%The project on how to return, are IOUs, no agreed payment key?

Answer: according to the "Supreme People's Court on the law applicable to construction contract dispute cases the interpretation"18The provisions of article: "the parties to the time of payment is not agreed or the agreement is not clear, the following time payment time should be: (a) project has been the actual delivery date, delivery; (two) construction project without delivery, to submit the completion settlement date; (three) construction of non delivery the project price settlement, nor, for the prosecution. "even without the agreed time and mode of payment, are IOUs, you can in accordance with the provisions for the payment, but also to the competent construction department. If the communication can not solve, can hold the IOUS and other evidence to the court. Sina (micro-blog@Major case-Du Hongtao.

 

3135Hello! I want to consult a problem. Say simply, is an unmarried young men with a young woman, with successful young women told the young man she married. Two people continue to associate, after the young woman told the young man she had a young male child, born after the young man to the child, but the woman does not stem. Young men about young women out of tea, took the opportunity to leave the baby, she found the report immediately, the man was arrested, and the public security organs to do_DNAThe identification, confirmed the male youth is baby's biological father, prosecution for the crime of kidnapping children to sue, now in session, would constitute a crime? Thank you

Answer: the crime of kidnapping children refers to the deception, seduction or other methods, discontent14Year old male, behavior from his family or guardian children. "Kidnapping", mainly refers to the use of deception, bribery or other means, to minors under the age of fourteen. "From his family or guardian" is refers to the minors under the age of fourteen from the family or leave the parents or other guardians, the minors under the age of fourteen parents or guardians cannot continue to the minor custody. In accordance with the relevant provisions of the general principles of the civil law "China", "the guardian", refers to the parents of a minor and other shall perform their duties of guardianship, protection has been guardian of the person, property and other lawful rights and interests of the people. So the key to this case is whether out of wedlock has custody, because the law has no specific provisions in detail, although have a history of prior to birth mother care, but I personally think that according to the "marriage law" the twenty-fifth regulation, children born out of wedlock enjoy equal rights with the marriage of children,No one may harm or discriminate against them. So we should refer to the rules of legitimate children, parents should have custody, so the young man does not constitute the crime of kidnapping children. (Law of wind)

 

3136Hello. Ask for help, my wife bought a watch worth about two million in Oh, in12Nian Siyue2To a friend to Oh door repair shop, the man said is lost, do not give us, then give him no formalities, what do we do now? Thank you.

Answer: the value of the subject matter200Million, your friend says lost lost, should be issued to prove to you, such as the basis, report relevant testimony of witness. If you have evidence that your friend is your watch to swallow, suspected of the crime of embezzlement. The occupation of a pure that criminal charges, you can bring a lawsuit to the court, the court ordered the return of your friends you watch, as the table can be lost to claim compensation for their losses. You also can put forward the civil litigation. There is no service does not matter, lending the table when there is no other witnesses or if your friend can be recognized by the fact table. (Lai peace, Sina micro-blog@My name no nickname)

 

3137In addition, I want to know the prosecution to the court needs what thing?

Answer: the prosecution need to prepare the indictment, my identity card and relevant evidence, the evidence includes: traffic accident responsibility confirmation, medical bills, your income certificates, transportation fees, hospital food subsidies and other related expenses vouchers, sued the file copy more than two (Du Hongtao, Sina micro-blog@Major case-Du Hongtao.

 

3138Thanks for your reply, and to answer your! Want to ask, to receive the occupation involves the units in which personal and private events, whether such acts constitute fraud and crime?

Answer: according to your description of the situation, some extent should not constitute fraud, units of the insured should belong to the group insurance, generally by the units directly with the insurance company for settlement, and then by the units will be related insurance payments to individuals; the unit Attn if should be delivered to the person insurance embezzled, and the larger amount, is suspected to constitute the crime of embezzlement, as the victim, have the right to bring a lawsuit to the people's court. (Du Hongtao, Sina micro-blog@Major case-Du Hongtao.

 

3139Hello! On the garage property issues to your advice:I to the2011Purchase of a property also bought a garage.2012Years has been delivered for use, all property rights certificates for full house, but the garage did not deal with property right but is already in use, I would like to ask the next:The garage for property and real estate are different, the garage can not handle the property rights alone, how much is the right time?

Answer: the garage property management and housing property management is the same, the garage is a separate handle property right card, and it seems the garage is not a bank loan. As for the term, related to the nature of land use, residential70Years, commercial40Years. Recommend that you consult the local housing management departments with.(Lai Heping,Sina micro-blog@My name no nickname)

 

3140, consulting: I mean, no social security, bought a property Wuhan area of the house last year, paid sixty percent, Han seven now after the introduction, let me go back out there consultant! What should I do with this?

Answer: developers may claim rescission of a contract based on the change of circumstances. The real effective you at the conclusion of the contract, according to the law of non retroactivity, you could argue that the other side continue to perform. (Bao Xinhua, Sina micro-blog@I you not bad)

 

3141The insured by Broker's Firm, insurance, and insurance companies signed a group of employees health insurance company directly. Now due to the occurrence of claims disputes clause. The insurance company admitted no explained exemption clauses to the insured, but think to the insurance Broker's Firm explained, responsibility and obligation should be the Broker's Firm to the insured to explain. As for the insured did not receive exemption interpretation, it is not the responsibility of the insurance companies, and the exemption clause is still valid. Excuse me, the insured did not be explained the exemption clause, then the exemption clause should not invalid. The applicant should be how to protect the right to claim, the insurance company would have legal support?

Answer: because the delegation of unknown you may argue that the insurer and the Broker's Firm shall bear joint and several liability, then you can further claims any party compensation. The exemption clause explanation is their internal agreement, now an unknown, the insurance company claims it is difficult to get support (Bao Xinhua, Sina micro-blog@I you not bad)

 

3142Excuse me, I in the developers there, pay the intention5Million, then developers Yaohao election Housing, now I the house select, purchase intentions, agreement3Days to pay Shoufu, but the news said that developers in the real, I Is it right? May withdraw the deposit or deferred payment Shoufu?

Answer: according to your case, give advice: "deposit" is a guarantee of performance, but also is a kind of pay, but also a kind of compensation, namely through to pay a certain amount of money to show that the contract the parties intend and be sincere to fulfill the contract signed, if property buyers default, the deposit is not refundable, if developers default, you should return the deposit to buy double their. Expressly deposit can not exceed the total contract price in law20%. After the purchase, buyers can not apply for refund, the seller can not be fulfilled to double back; the intention buyers can request a refund, the seller cannot perform only refund.

Because you have the purchase intentions, you cannot return the deposit.(Xi Ming, Sina meager@Ming Jing Xi Lin)

 

3143Excuse me, Hello, a contract expired in May, the two sides did not renew the labor contract, but a still work in the company, the company has continued to buy social security and wages, until11In August, the company laid off a fire before, we nail with the company's labor relations still exist?

Answer: before the fire, a company with the labor relationship still exists. After the expiry of the contract, although did not renew, but a still continue to work, the company also continued to buy social insurance and pay for it, has constituted the factual labor relationship. And a can to the company that did not sign a contract work1A month after the time to pay two times the wage and turnover of economic compensation. (Bian Danjun, Sina micro-blog@Friendship between gentlemen as thick ink)

　　　　

3144, double11To buy a pair of pants, bought back10Days, hit two badminton crotch cloth. The obvious quality problems, apply for return to the seller is the large amount of exercise lead. Taobao intervention, need sellers admit screenshots or proof of the relevant state departments, ask the teachers that how to safeguard their rights, thank you!

Answer: you can apply for the quality of the products identified local departments for supervision over product quality. Get the conclusion after consultation with the merchants, or directly bring a lawsuit. You can also direct complaints to the consumers association. (Wu Peng, Sina micro-blog@1990boss)

 

3145Hebei, occupation disease after retirement, was admitted to the hospital because of occupation disease, there is no inpatient care? Who? Have a relationship with the grade of disability? There are provisions?

Answer: according to the relevant provisions of national "occupation disease prevention law" summarized below for your reference:

1Occupation disease patients to enjoy the occupation disease treatments prescribed by the state. Not suitable to continue to engage in the original occupation disease patients to the employing units, should be removed from the original post, and the proper placement. The employer engaged in contact with occupation hazards of workers, should give appropriate allowance.

2Diagnosis, rehabilitation costs occupation disease patients, occupation disease patients disability and loss of working capacity of social security, in accordance with relevant state social work-related injury insurance. Occupation disease patients in addition to the employment injury insurances according to law.

3The employing units shall, in accordance with the relevant provisions of the state, arrange for treatment, rehabilitation and regular inspection of occupation disease patients.

4Occupation disease patients in addition to enjoy social insurance according to law, in accordance with the relevant civil law, still have the right to compensation, have the right to make a claim against the employer.

   Based on the above points as well as the information you provide, retired in determining the occupation disease of pension, if because of occupation disease in hospital to continue treatment need someone to care, can according to the requirements of the local standard of care unit pay for care, and the old wound recrudescence medical fees, nursing fees for living. Because you are retired, and each local social security departments have the detailed provisions of occupation disease published, please consult the social security department. (Wang Zhen, Sina meager@Major case-Earthquake)

 

3146, I work in Panyu water10For years, but its departments and didn't tell me to sign long-term contracts. The latest contract expires at the end of the year, if due to it no longer and I signed legal? There is my work10Years, wages are not an airborne employee, the employee that is taller than us all. The reason is of course because of the Yellow jacket. What is the legal way to relief?

Answer: according to the "labor contract law", after continuous renewal of two fixed term labor contract by the employer and the employee, if there is no medical treatment period, serious violation of regulations and major events occur, the employer has the duty and conclude a non fixed term labor contract. According to your situation, you work in the Panyu water10Years, although not signed a long-term contract, but as long as the renewal of more than2Second, the Panyu water if no more than three kinds of legal reasons instead of your contract is illegal, you have the Panyu water and you signed without a fixed term labor contract claim. As for salary, best can only consult with each other, or to the union advice, but estimates of the effect is not obvious. (Cai Qianwen, Sina micro-blog@The Diamondback_Silver)

　　　

3147Hello! The original units in my salary, I have to apply for labor arbitration, arbitration pay thirty thousand of my wages, has been in force. In the course of arbitration unit took out a signature but not my name (the amount of single borrower67500Yuan), I admit I signed the word but no money (written arbitration award). Each other in admits borrowing words I signed on to the court to sue me for preservation and return67500Yuan and interest. This month18On the court, how can I reply?

Answer: because the natural person's borrowing is the practice of contract, contract shall become effective upon delivery of borrowing, therefore only need each other to produce the receipt, or a paragraph that, witness or other supporting evidence, and arbitration has identified the judgments of the fact (your signature, but no money), otherwise, the judge will not support the claims of the other side. (Bao Xinhua, Sina micro-blog@I you not bad)

　　

3148After my wife, because things and the other wife speech pushing each other up, is the other party first wife, but just pushing a few, I wasn't there. Then I knew the wife asked to find each other, each other wife gas has not disappeared, very strong, see I am man, don't think that I will do, if I work she has to continue to make it a reason, and then scold while jumping up at, like a bitch that. I was scolded nasty reached out a finger at her not to scold, but she did not stop to scold I scratch my back and face with his hands, pushing I slapped her face, then being moved, I went home. And then she called to her husband called her husband, with a kitchen knife to cut my erhuamoyue I, then being moved. Then I called the police. The other was brought to the police station detention less than24Hours, and I was taken by ambulance to the hospital, doctors diagnosed as right ring finger cut about five cm wound, hand thenar area wound about six or seven cm long, thumb tendon rupture, thenar part laceration. I spent six days in the hospital, after I went to the police station to ask, police let I injury treatment. Each other on the day of the incident from the police station to pay five thousand yuan deposit disappeared. I just want to ask, if I'm good after injury, identified as minor injuries, need each other to pay medical expenses, lost income, and nutritional costs, but the police could not find the other cut my people, slight injury and do not constitute a crime, I cannot request the public security organs to the prosecution to the court, do to recover the medical expenses and lost wages and other each other that I needed the cost of compensation?

Answer:1You do not need to worry about the public security organs, people can not find the problem, not only to pay a deposit, the public security organ retention have contact, can be forced to call him to the public security organ;

2The public security organs, usually will mediate on you, the compensation to you, your medical expenses in hospital issued invoice full compensation, as for the nutritional costs and delay costs by bilateral coordination, to reach an agreement, signed the mediation of the public security organ book;

3Slight injury, not criminal, but in violation of Public Security Management Punishment Law, if no mediation agreement, the public security organ may make an administrative penalty;

4Legal provisions, slight injury victim can bring a private prosecution to the court.

5Directly to find each other, coordinated compensation.

    The above suggestions from back to front, feasibility were enhanced, inappropriate, please refer to the specific legal provisions shall prevail. Cai Junjia.

 

3149My brother-in-law, make financing owed a debt buttocks, want to push my sister sold her house to pay before marriage, we want to keep the house, how to do?

Answer:1If your brother-in-law, debt exists in during the existence of marriage, and for the couple to live together, is the common debt, according to the relevant provisions of the "marriage law", the couple debt on jointly responsible for the joint and several liability to pay.

2If your brother-in-law, debts owed by the Department before, or after debt but belongs to personal debt, and your sister has nothing to do. "Marriage law" nineteenth paragraph third situations: obtained during the existence of marriage agree to their property of all, either the husband or wife foreign debt, known to the third of the agreement, property binding on either the husband or wife is all.

To sum up, your sister the prenuptial property can keep, critical look at nature of your brother-in-law debt. If it is a personal debt, and your sister has nothing to do, if is the common debts between husband and wife, your sister has joint obligation of repayment. Please according to your situation with reference to the provisions of judgment. (Si Huali, Sina micro-blog@Law-Si Huali.

 

3150In, my uncle8Month electrocuted, and is directly related to a company, the company is killed in the uncle of electric shock3Days later promised compensation20Million yuan, the company is now suing grandpa and grandma and aunt, request a refund10Million yuan to the company, how should we respond?

Answer: the company and your family equality between the main body, a personal injury compensation agreement should be its true meaning, the compulsory provisions of laws and regulations is not illegal, both parties should abide by the principle of good faith to continue to perform the agreement. So don't be afraid, not so terrible. (Bao Xinhua, Sina micro-blog@I you not bad)

 

3151Hello! I think the company before I ask the oil station to my present company, I before signing the contract, the boss promised to give each of us multiple one month salary as compensation! Now we have signed the contract, he said they didn't fire us, said they still work with them, so we signed the contract, not going to pay for the US. What am I gonna do?

Answer: according to the title,Your local gas station is supposed to happen now belong to the labor contract law and the corporate merger, division or change the corporate investor changes. According to the provisions of the labor contract law,Such changes do not affect the performance of the labor contract. According to your description of view you are again with the new gas station signed a labor contract,It relates to a previous work life issues,Because it is directly related to the dissolution of the labor contract compensation. Now because they do not know the labor contract handling of the past,The following assumptions1The original contract, not cancelled,The individual now appears that does not affect the gain compensation or compensation to terminate the labor contract the future life.2According to the subject,You probably haven't signed labor contracts,Then we must timely that the double salary and compensation or compensation now.3Already, the cancellation of labor relationship,So attention should be paid to lift the manner in which the lift,If the laborer proposes to terminate the agreement drawn up by,Economic compensation, then you are likely to lose the previous work experience. In the subsequent dissolution of the labor contract,Even if you can get compensation,Then the compensation will be signed years starting from now. (Wang Hongyi Sina micro-blog labor supervision@The earliest80After)

 

3152, my mother died, she even if my mother for money, she said my mother left the housing provident fund and pension insurance and funeral expenses, she said that I looked for, yesterday my aunt called and asked what her decision, she said that my mother and the house, she asked my mom unit all these money can can't let my grandma get. Said I was small, he asked me how old I was, she said more than 20, people just won't let me take my grandmother, the grandmother died, the money would be hers! She phoned the family funeral expenses down no, they only let me get, she would not say what, now they call me with a housing provident fund, must have the certificate. To prove that I was the only heir! To my grandma grandpa signature! You said my aunt makes my grandma grandpa sign? My father was still alive, my grandma grandpa does not sign Is it right? Will not get my mom's housing provident fund?

Answer1After your mother died the property that the funeral expenses, the first order of the rightful heir should be your grandparents, you and your father, your aunt is wood have the lawful right of inheritance.

2The three party for the funeral expenses and other property no agreement can not all distribution should be the case. So not all the money that you take your grandmother, grandmother and grandfather can only get three points, the rest for you and your father. For housing provident fund, in accordance with the relevant provisions of the marriage law, should be the joint property of husband and wife, so the housing provident fund should your father first half, the remaining half of your mother as a heritage from you, your father, inherit your grandma and grandpa, 1/3.

3For the problem of housing provident fund, have your grandmother and grandfather's signature can of course, you can also go to the neighborhood committee and other local sign to prove, that you are the rightful heir, can receive. (Lei Wenxia micro-blog Sina@Major case-Lei Wenxia.

 

3153I want to ask next, criminal detention is not the public security organs have the right to inform the parties work units expelled?

A: without a trial before, do not give any person deemed criminals, the unit will be expelled does not comply with the provisions of the law, but also with the company rules and regulations, if the seriously violates the rules and regulations standards, unit unilaterally terminate the labor relationship is in accordance with the law. In addition, the public security organ shall not be entitled to request the unit fired him, unless the functionary crime, can be removed from office, so should first determine whether the charges of labor relations, such as further analysis. Now the people were arrested, the family is to do as soon as possible to entrust lawyers involved in the understanding of the situation.("The Xie Yanping)

 

3154, Hello, my father work in two years ago, the wrist was broken into comminuted fracture, because the company failed to let him go to rehabilitation, missed the best period of rehabilitation, originally the doctor said the injury9The work-related injury identification is now down7Disabled. We negotiate with the company, the company will not pay compensation, but also to his work, he transferred to remote post (which my father is a driver). How can we resolve through legal channels?

A: your father has labor ability appraisal rating7Level, companies do not agree to compensate for, can directly apply for labor arbitration, in accordance with the7Disability standards require companies to pay inductrial injury treatment; apply for labor arbitration and termination of labor contract, there is no need to work, need not worry to be transferred to the remote post. (Zhang Yonghai, Sina micro-blog@Zhang Yonghai lawyers) 

 

3155, developers have real acts against the interests of consumers?

Answer: the real developers violations of the legitimate rights and interests of consumers, "according to the provisions of the Supreme People's Court on the trial of the sale of commercial housing contract disputes judicial interpretation" of article eighth, paragraph (two), ninth (three) the provisions of article: commercial housing sales contracts, the seller and the housing sold to third people, leading to the purpose of the contract can not be achieved, the buyer may request the return of prepaid purchase, and interest, damages, and may request the seller to bear the responsibility of compensation does not exceed the prepaid purchase times; the seller entered into commercial housing sales contracts, deliberately concealing sold houses have been sold to third people, leading to the contract invalid or revoked, the lifting, the buyer may request the return of prepaid purchase, and interest, damages, and may request the seller to bear the responsibility of compensation does not exceed the prepaid purchase times. The above method for your reference! (Xue Zhihua, Sina micro-blog@Say goodbye to yesterday's small eight)

 

3156Excuse me, Hello, to buy stolen cars, value20A million or more, there will be what kind of consequences, stolen and how to deal with? Online, very urgent

Answer: if that is stolen and buy, will violate the criminal law, suspected of concealing the concealment crime to offend, according to the "PRC Criminal Law" article 321st, knew perfectly well that is the crime income and its benefit and to be harboring, transfer, acquisition, sale or for other ways to cover up, conceal, less than three years prison, criminal detention or control, or be fined; if the circumstances are serious, the following three years to seven years in prison, fined. But you bought the car is likely to be confiscated.

    If it is paid a reasonable price, with the proper procedures, do not constitute a crime, you are fair trade, not to return the car (Gao Shan, Sina micro-blog@Gao Shan0923)

 

3157Hello, Mr. Xu, have time to ask you a question? TencentQQPosted an advertisement is about network part-time job, but I'm not the part-time job that he is lying, but at least is a disguised form of deception friends, I just cheated1000Yuan of money, this is a brush the credibility of the company, they let me fill out a job application form, it has indicated that the activities of funds, so they should let me enough money for activities when the task, but when he assigned me the task, to three consecutive tasks completed can I pay the money back and the Commission, but the second single over our campaign funds made me unable to accomplish the task, they could not handle. The amount of money is not much, but I hope I can use legal means to protect my interests, expose their truth, let more users know not to be cheated, this kind of thing now have a lot of on-line, but out of this is Tencent Inc released the information, to Tencent's trust, I participate in. Hope the teacher can help me solve the problem.

Answer: This is a lie, Tencent Inc released this information never, so you should timely alarm, later to be vigilant, either part-time or full-time, no job is to pay first, as long as pay, must have a problem. (to aid Xie Yanping)

 

3158The man and the woman married3For many years, the man is my father, her stepmother. There is a house husband before marriage, and the woman does not know his mother and brothers and sisters together, after case we'll sell the house and then took a marriage certificate, the man after marriage he sold the house to buy a house1Because of the house1The woman did not give any money, the property permits only signed the name, decoration the money supply; the real estate certificate issued no, not get, but now live in. The back together to buy a house2House2The man had a small amount of money, but the real estate certificate has been signed on the sides of the name, the house2There is no floor. A year ago because the man lost his job there is no source of funding, female convenience support funds in the life, the work during the intermittent, there is no common funds paid to maintain life this is not clear, but I provide personal living subsidies to not woman. If you now want to divorce, the house1.2What about the coordination between, if not successful cases; the house1How the man should strive for, because life supplies the man that year to give the woman the compensation?

Answer:1Sell the man before marriage housing, seems to be the real writing his name, as his personal property, or the housing authority can not handle the transfer registration, buy a house can not obtain the ownership, so the real behavior without asking for their permission, if the family has contributed to the man, can only claim the creditor's right. The real1Write the name of the man, and the man the main contribution, so should the man of property, to the man, the decoration part, should be given appropriate compensation for the woman.

2The real2Is both sides together after marriage to buy, not agreed property system is the joint property of husband and wife, the name of both sides and house property card is written, the two sides should equal distribution.

3No income of the woman living compensation which should be returned to the question of whether during the marriage, both husband and wife have an obligation to no income to support one party, which is also in line with the public order and good customs, there is no request the return of the problem. (Lei Wenxia micro-blog Sina@Major case-Lei Wenxia.

 

3159, civil dispute, both sides fights a rogue said do headaches?

Answer: both sides fight, can alarm processing. About the compensation, the negotiation fails, you can go to the court to solve the. The court according to the facts, evidence and legal rights, a party shall provide the corresponding medical bill costs evidence. Even privately negotiated, must also be based on the just compensation, price oneself out of the market, even if the appeal to the court will not support. (Si Huali, Sina micro-blog law-Si Huali.

 

3160Friends, I had paid Shoufu bought a house, now dead, she was his wife do not loan now, she can let developers refund? To pay the penalty?

Answer:1After the purchase of commercial housing, property, have issued invoices, can think of the contract between the purchase of housing has been established between the two sides, we can establish the debtor creditor relationship, determine the pre-sale contract the buyer is entitled to claim this option, when the buyer of death, the claims by the heir for succession, the notary, the heir to apply for housing registration, the registration in the direct heirs. The detailed flow handling card in consultation with the Bureau, the mortgage banks, developers and other consulting.2On the mortgage, do not buy a house down, influence things, first look at the contract without agreement, from an engagement. "Interpretation of the Supreme People's Court on the law applicable to a number of commercial housing sale contract dispute cases" (interpretation [2003]7No. twenty-third): "commercial housing sales contracts, the buyer to guarantee loans payments, not because of one of the parties conclude the commodity premises secured loan contract and cause no commercial housing sales continue to fulfil the contract, the other party may request cancelling the contract and damages. For reasons not attributable to the parties for failing to enter into commercial housing loan guarantee contract and cause no commercial housing sales continue to fulfil the contract, the parties may request cancelling the contract, the Seller shall accept the mortgage principal and interest or refund the deposit to the buyer." Whether the lifting of the sales contracts and the payment of liquidated damages, the above method for your reference, to see the specific reason for your mortgage do not down and. (Si Huali, Sina micro-blog@Law-Si Huali.

 

3161, Hello, consulting companies. My friend shares of a company. The company is now operating at a loss. Be arrears units prosecution, prosecution shall have the right to seal his personal account or let him repayment?

Answer: China's "company law" article third paragraph second: "the shareholders of a company with limited liability subscribed capital contributions shall be responsible for the company; shareholders of the Limited by Share Ltd to the subscription of shares shall be responsible for the company." Article third paragraph twentieth: "the shareholders abuse the independent status of the company legal person and the limited liability of shareholders, debt evasion, serious harm to the interests of the creditors of the company, it shall bear joint and several liability for the debts of the company." The above method for your reference, if the shareholders of a company have the "company law"20Article of the cases, jointly and severally liable to the debts of the company shareholders. Creditors can make corresponding shareholder repayment, but have no right to seizure, seizure, freezing the property, account, only the relevant state authorities shall have the right, but the creditor may apply to the court for custody of property, the court will adopt property preservation measures in accordance with the law. (Si Huali micro-blog Sina@Law-Si Huali. 

 

3162Hello,I want to consult a problem,I bought a set of dangdang.com3000Yuan Compendium of Materia Medica,A total of six,But12Month11Daily express to only to the,So it was rejected,Dangdang.com refund request.As was the payment by electronic ticket,Payment voucher is valid until tomorrow,But at present already for many times with dangdang.com contact,Not yet achieved success,It is until I really successful dangdang.com to refund,The electronic voucher my failure.No value,The loss should not bear the by dangdang.com,I have the means by which to protect my property is not violated rights,,,Seek help,Thank you.

Answer:1The current "consumer protection law" and not on the Internet trading platform, the relevant provisions, in this case, according to the present law, you can ask the seller claims liability for defective products, return requirements, such as compensation for loss. You can also Dangdang online report seller default not in accordance with the agreed delivery to you loss.

2Now the negotiation fails, you can call12315Complaints to the Consumer Association, generally they will be mediation according to your situation, solve your problem.

According to the provisions of the contract law: if a party fails to perform the contract or its performance of the contractual obligations is not in conformity with the contract, thereby causing loss to the other party, the amount of compensation for losses shall be equal to the losses caused by the breach of contract, including contract can gain, but shall not exceed the party in breach a contract may be foreseen or breach of contract loss should have been foreseen by the.

PSAccording to introduction but now2014Years3Month15The new "consumer protection law will be implemented"44The provisions of the real name, address and other information to facilitate your rights dangdang.com should provide you with the seller, if it is not provided or not provided, you can ask the dangdang.com claim your loss. But the law has not yet implemented, so you may not claim dangdang.com responsibility. (Lei Wenxia micro-blog Sina@Major case-Lei Wenxia.

 

3163, Hello, trouble ask, I have relatives in Zhejiang Jinhua, my relatives and friends drink after driving out, my relatives and driving the car but I relatives unlicensed drunk accident injured his friend's death, my relatives, relatives and family members actively death compensation for families and understanding the book, I would like to ask how to get the man my relatives?

Answer: according to the relevant provisions of China's "criminal law", your relatives and drunk driving without a license, killed one person, the negative accident or the primary responsibility, has violated the traffic accident crime, if there is no escape plot or other adverse circumstances, in accordance with the law3Years in prison or detention. Your relatives and get the book active compensation based on understanding the family members of the deceased, may be dealt with leniently. (Cai Qianwen, Sina micro-blog@The Diamondback_Silver)

 

3164, Hello, I work in the company for more than a year, during the work made five insurance, now the company put me off, I put forward to receive unemployment insurance, the company is not willing to let me do, tell me how to do?

Answer: unemployment insurance need to meet three conditions at the same time:Has paid a full year of unemployment insurance, unemployment, non personal reasons have the willingness to apply. The social security center to handle the relevant procedures, if the unit does not fit, may bring a social insurance disputes in accordance with the law, require the unit to give the corresponding compensation. In addition, if the unit is dismissed without cause, need to pay you compensation for the illegal remove labor contract. If not, you can apply for labor arbitration according to law. (to aid Xie Yanping)

 

3165A year ago, in a motorcycle into agricultural vehicles (no card could not take), fracture, agricultural vehicle active alarm and play120Call an ambulance. Agricultural vehicles home because no money to pay thousands of dollars to fracture, fracture don't call him uncle to agricultural car home, saw the agricultural car home after they left in a hurry, but after a year later, motorcycle owners sued the agricultural vehicle owners claim20Tens of thousands of?? This is where the responsibility of multi? How to do?? Help. Thanks a million. (have to)

Answer: how to divide responsibility, see at the time of the accident, since it has been charged, he actively responding, in addition, the person being hurt limitation for one year, but also consider the other request is over time. (to aid Xie Yanping)

 

 

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