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 1805th to 1859th legal consultation

 

"Major" legal aid platform Q & a record (fifty-eight)

 

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:

 

1805Home, a part of basic farmland near the township high school, now want to expand rural school need to land, but not for any approval procedures, that is, all the collective households signed land acquisition and compensation for land acquisition procedures to go after the. Because of my house so that a program is not legitimate, it has refused to sign. I want to ask is,1Is the collection unit, should first take out after approval for the levy and collection of such programs would arrive, legitimate and effective, the practice is illegal program?2Because we collected, is the basic farmland, even if they approve, Is it right? Should only be to the approval by the State Council? The approval of other government at any level we should not agree?3Land requisition compensation, how should the distribution?4If they don't, the document of approval is forcing us to sign we can safeguard our interests by what means? Whether to the County Land Bureau for administrative approval? Thank you

Answer: according to the "Compulsory Education Law" article15The provisions of article, making the adjustment of school planning is the local people's governments at or above the county level responsibility, therefore, the nature of land Township school shall belong to the state owned land and non peasant collective land;

2According to the "land management law," article46The provisions of the state, the expropriation of land, must first be approved to organize the implementation of; so, according to you, a unit of the practice is contrary to the program;

3, not all land is the basic farmland, if be is the collection of basic farmland, then according to the "land management law" article45The provisions of article, is to go through the approval of the state council;

4According to the "land management law," article47The expropriation of land, compensation in accordance with the original use of the expropriated land, compensation costs include physical and young attached land compensation fees, resettlement grants and land compensation fee.

5According to the "land management law," article66The provisions of the administrative department of land, at or above the county level shall supervise and inspect the violation of laws and regulations on land management behavior, if a unit to force your signature, you can reflect the situation to the County Land Bureau, the processing requirements.(Han Song lawyer)

 

1806My father died, leaving a house,My immediate family consists of my father,My mother,Three brothers and sisters and my grandma,My grandmother doesn't agree to the transfer of property to my mother and me,Ask in my grandmother died,Three brothers and sisters, my father can be inherited from my grandmother's right of inheritance? That my father's brothers and sisters is the part of the average distribution of my grandma inheritance or the whole house is divided into five parts?

Answer:First of all, you need to determine who you said the housing ownership, you provide the information that is not very clear.

  If the house is your father, so after you grandma passed away, his successor will only you and your mother.

  If the house belongs to your grandmother's name, so after your grandmother's death, there are two kinds of inheritance may.

First, if your mother for your grandma do their duties, even brothers and sisters you father and mother can you inherited your grandmother's property, you can also according to the "law of succession of the people's Republic of China" the opinion29Regulation: "widowed daughter-in-law against her in laws, widowed son-in-law the father-in-law mother-in-law, regardless of whether they remarried in inheritance law article12Provisions as successors first in order, does not affect their children inherit in subrogation." Subrogation inheritance property.

  Therefore, if the above situation, then can equal inherited your grandma house heir is your father has three brothers and sisters, you and your mother.

  If your mother not to your grandma do their duties, so can the heir inherit your grandmother property only your father and your brothers and sisters. (Feng Jun, Sina micro-blog@Feng Jun)

 

1807Now, big platform: in his village in a lot of people buy a house in the town (the private construction sub floors suites that) that are generally not the property permits scary drops recently family also ready to use savings plus loan to buy another town of real property is the boss of my dear uncle heard that also is not permit although it is dear uncle but in law is to tell the truth you evidence to prove the ownership to private property if I fear evicted syndrome unknown matters will have to cry but no tears viewing platform on each professional lawyer for professional advice and solutions in this first Xie Jing, reply

Answer: no property housing has a lot of legal risk, caution is advised to buy! (Xie Yanping, Sina micro-blog@"Legal Aid Center)

 

1808Excuse me, Hello, does not provide the employee labor contract dismissal without cause, wage subsidies? Or to fill a few more months of wages?

Answer: Hello, according to the labor contract law, units shall establish labor relations and workers in the signing of a written labor contract, no later than one month, if be dismissed without cause, may request the illegal termination of labor relations in compensation, did not sign labor contract double pay the difference. The concrete analysis of concrete conditions. (Xie Yanping, Sina micro-blog@"Legal Aid Center)

 

1809In March last year, buy housing (housing provident fund loans) paid Shoufu after about five or six months, my home consultants call bank to some of my information off (copy of marriage certificate, a copy of ID card and other documents). When I asked him why the bank did not call me that you need when the man in the middle, he also said not clearly. Then find him to the bank for the telephone, they also touch on lightly, then the bank has not called do not care too much. Recently (8Month) call home buyers consultant to understand the situation, but the phone can't get through, now playing to the sales department to find him, said he had no work. Who can I now, what can be affected later to house it? If the who is responsible? Urgent urgent

Answer: this situation suggest go directly to the bank to ask clear, the intermediary is according to your signed contracts for you to provide the corresponding service. (Xie Yanping, Sina micro-blog@"Legal Aid Center)

 

1810Hello! I would like to ask the company for business year-end appraisal, monthly reservation20%Percentage wage, the wage is not part of a not timely and full payment of wages?

Answer: Monthly reservation20%The percentage of wages, if you are already in the unit the payroll program to complete the corresponding amount due salary, this part to withhold part of illegal, is not timely and full payment of wages, so this part of the wages shall be full payment, should not be detained by the end of the year issued. You have the right to labor supervision departments or directly file a labor arbitration, has the right to require the unit to pay this part of salary and can request to delay payment part25%Economic compensation. (Du Hongtao, Sina micro-blog@Major case-Du Hongtao.

 

1811Hello! We are Shenzhen Baoan Xixiang Huang Tian Cun shares of the company, the chairman of the board of the three (board of directors, board of supervisors, board) to a piece of land2000Square meters of commercial Wadi per square meters / month5Yuan rent to the other shareholders, not through tendering, legitimate? Huang Tian investors

Answer: enterprise belongs to the independent legal person, the signing of a lease contract on whether to bid, the law does not mandatory, generally by the articles of association of the company or the internal management discipline. But if the contract is a director of the company, the shareholders and the company supervisors and senior management personnel, according to the "company law" article149The provisions of article, the board of directors, supervisors and senior management personnel and the company signed a contract, shall comply with the provisions of the articles of association or approved by the shareholders' 'meeting. The company senior management duties of loyalty and diligence, in its work, shall not damage the interests of the company. And according to the "company law" article150The provisions of article: "provisions of directors, supervisors, senior management personnel in performing their duties in violation of laws, administrative regulations or the company's articles of association, and causes losses to the company, it shall bear the liability for compensation." According to the "company law" article153The provisions of article, if the rent contract signed by the company and the shareholders of the price is far lower than the market price, which belongs to the violation of the interests of shareholders, you as a shareholder has the right to directly to the court. (Du Hongtao, Sina micro-blog@Major case-Du Hongtao.

  

1812Last year, my husband to someone's home for dinner in our restaurant in arrears, and then the man who beat him two times, forensic identification of minor injuries, but the station is not to give a positive answer, I am going to appeal, but he did not say whether the police station, but they have been dragged, for almost a year now, how do? Would you tell us what to do, thank you.(Minhe County in Qinghai province)

Answer: according to your description of intentional injury causing minor injuries, their behavior is consistent with the crime of intentional injury crime. According to "the people's Republic of China Criminal Procedure Law" article110The regulations, the public security organs to report, complaint, report and surrender of the material, should be in accordance with the scope of jurisdiction, promptly examine, believes that there are facts of a crime and criminal responsibility, it shall file a case;Don't think the facts of the crime or the crime, obviously minor, need not when, be investigated for criminal responsibility shall not put on record, and shall notify the complainant reasons for not filing the case. If the accuser disaffected, can apply for reconsideration.

Therefore, the police station now not dealing with a situation, you can ask the police handling of cases to illustrate the progress, inform the untreated reason, when necessary, require the written materials. And then according to the reply to decide whether to apply for reconsideration. If the police are still not processed, you can:

The district's Procuratorate, report to. "PRC Criminal Law" provisions of article 111st, the people's Procuratorate think of the public security organ shall be the case on file for investigation and not placed on file for investigation, or the public security organs shall think of the case on file for investigation and not placed on file for investigation, to the people's Procuratorate put out, the people's Procuratorate shall request the public security organ that do not file a reason. The people's Procuratorate considers that the reasons for not filing the case in public security organs can not be established, it shall notify the public security organs, the public security organ shall file the case after receiving the notice. Processing file in the local police station has not yet circumstances, through to the procuratorate report can supervise the handling the case.

Two, to the District Court of criminal cases of private prosecution procedure. "Criminal Procedure Law" provisions of article 112nd, in a case of private prosecution, the victim has the right to bring a suit directly to a people's court. The victim's death or incapacity, his legal representatives, near relatives shall have the right to bring a suit to the people's court. The people's court shall accept the case according to law.

According to your description of the situation, combined with "Criminal Procedure Law" article 204th, private prosecution cases include: the victim has evidence to prove that they are minor criminal cases, as well as the "Regulations" several issues concerning the implementation of the law of criminal procedure, handled directly by the people's court "the victim has evidence to prove that they are minor criminal cases" refers to the victim evidence of criminal cases: (a) the case of intentional injury (injury). You love to be intentional injury minor criminal cases of private prosecution cases, meet the requirements, therefore, in the preservation have been hurt by injuries evidence of the circumstances, can according to the local court of criminal cases of private prosecution procedure. (Chen Yue, Sina micro-blog@qingkongyueyue)

 

1813The lawyer, respect,Hello. My father is the general staff a building site of Hangzhou, last year9Month12Day (2012Years9Month12Day), because of a pump switch to off, will unfortunately ankle foot shattered fracture, hospitalization expenses are the company in the early late bear, after discharge for various cost all the time (the cost of care, hospitalization after Dad living expenses, later check cost, nutrition proposed cost is not the claim and so on).

     My feet still not divorced from the crutches to walk independently, walking every day time not too long, just exercise, walk, walk now in swollen feet, foot plate is not out there, do check the last one or two months, to determine the time of steel plate.

     In the folder there to see, with pay suspended the longest period is one year, which immediately come to a year, would like to ask, can do what the relevant application to pay suspended, until the father can walk independently. Although since last year9Month12Date, the company is not normal to my wages, just going about and get some living expenses every month.

     What should we do? Hope to get professional guidance, thank you!

Answer: if the unit is not for your father for work-related injuries that, your father and I or relatives can social security departments within one year from the date of the accident for the ascertainment of work-related injuries, then do the disabled rank appraisal. Now come to a year, the proposal as soon as possible to apply for work-related injury and disability identification. If be identified as work-related injuries, unit pay industrial injury insurance premium, respectively from the work injury insurance fund and units in accordance with the "industrial injury insurance regulations" the relevant payment enjoy treatment of inductrial injury insurance, such as the unit fails to pay industrial injury insurance premium, by the unit according to the relevant provisions on "pay industrial injury insurance regulations".

    If identified as work-related injuries, according to the "Regulations" the relevant provisions on work-related injury insurance, medical care, 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. According to the "Regulations" article33The provisions of article, in industrial stoppages retention period, the original status remains unchanged, shall be borne by the unit to pay for a period of not more than, lien12Month. Serious injury or exceptional circumstances, the confirmation of the Municipal Committee of labor ability appraisal districts, may be appropriately extended, but the extension shall not exceed12Month.

    If identified as disabled, in accordance with the "industrial injury insurance regulations" shall enjoy a one-time grants for the disabled, disable allowance. (Du Hongtao, Sina micro-blog@Major case-Du Hongtao.

  

1814The holding of the company, ask100%The subject of the crime legal representative's shares are embezzlement?

Answer: according to criminal law article270The provisions of article, subject of crime of duty encroachment is a company or unit personnel, can take advantage of their office, as the legal representative of the enterprise, belong to the subject of crime of duty encroachment. (Du Hongtao, Sina micro-blog@Major case-Du Hongtao.

   

1815Hello,2010Years5Month in Meizhu Dongsheng District Garden enough to buy a house, then signed a pre agreement, I will23Million first payment, then no launch date for the agreement, just a simple agreement, but the developers said that the low will be able to pay the house, but until now there is no to the house, what should I do now, can sue check it

Answer: a developer and you is the reservation protocol, usually at the developers did not obtain pre-sale permit. According to "the Supreme People's Court on the law applicable to a number of commercial housing sale contract dispute cases the interpretation of" the2The provisions of article, signed a contract with your developersWithout obtaining a certificate of real estate sales license, invalid contract. You can to the local housing management sector developers currently query had been proven commercial housing sales permit, if not yet achieved, you can sue, request that the contract is null and void, and require developers to pay the return of prepaid purchase, and interest, damages, and may request the developers assume the liability of compensation does not exceed the prepaid purchase times.
  If the developer has made that sales of commercial property permits, because your reservation protocol is not agreed to launch time, according to the relevant provisions of the "contract law", you can request developers to fulfil the housing delivery obligations. Based on the interpretation of article15The provisions of article, developers delay the delivery of housing, a reasonable time limit after being urged to three months
If a party fails to perform, the request of cancelling the contract, should be supported, suggest you collect the developers promise to you2010Years of others and evidence you urge developers sought, such as recording, testimony of witness, the prosecution to the court, request to terminate the contract, and compensation for your loss. You need to pay attention to is the exercise of the right of cancellation have time limit, such as you have urged, should make the right of cancellation in the notice after three months ago, if you didn't notice, you should be in the right to terminate one year as of the date of exercise. (Du Hongtao, Sina micro-blog@Major case-Du Hongtao.
  

1816Me and my wife, in2012Years9May married. In the12In February we mortgage to buy the house, for in my wife's name, all is my limit, including late mortgage! Now due to feeling of husband and wife is not broken, she put forward a divorce, I want to ask if we divorce this house belong to? Property the division?

Answer:1According to the relevant provisions, the marriage law and practice, for the purpose of marriage, premarital individuals funded the purchase of real estate registration in another party name, as the joint property of husband and wife in divorce cases;
 2According to the judicial interpretation of the marriage law, the two twentieth, both sides
The value of housing and ownership of the common property of the couple's unable to reach an agreement, the people's court in accordance with the following situations respectively:
(a) the two sides advocate housing ownership and agreed to acquire the auction, he shall be permitted to;
(two) a party claims ownership of the building, by the assessment organization according to the market price of housing assessment, access to housing ownership shall give the other party a corresponding compensation;
(three) the two sides not to claim ownership of housing, according to the application of the parties on the proceeds from the auction houses, segmentation. (Chen Fucai, Sina micro-blog@Financial SecretaryCFC)

1817, friend and her husband separated five years, period did not pay any alimony, haven't got a divorce certificate, now her husband was lying in hospital to friends to take care of, ask a friend now can divorce?

Answer:1The law does not require the separation, with a few years will automatically divorce, so your friend and her husband still belongs to the relationship between husband and wife;

 2, the provisions of the marriage law, both husband and wife are loyal to each other, respect each other, help each other obligations, is your friend and your husband the hospital friend asked for a divorce, may not support. (Chen Fucai, Sina micro-blog@Financial SecretaryCFC)
  

1818In the city, I Foshan, Foshan minimum wage of one thousand three hundred, mainly want to consult the severance of I work in the factory for a year and a half, usually pay around one thousand five hundred have the Spring Festival that month only about six hundred. Now the factory close to a year and a half I severance pay is how.

Answer:1, self2013Years5Month, the minimum wage Foshan for months1310Element.
 2Have the Spring Festival, the monthly wages only600Yuan, in violation of the regulations on minimum wages. If you have the Spring Festival that month except the Spring Festival holiday, your attendance, factories should be less than complete part of the minimum wage, which is factory filled you710Element.
 3, factory closures, shall you pay economic compensation according to your working life. Work for a year to pay economic compensation of a month, less than half a year according to half a month, more than half a year less than one year by year basis. You work for a year and a half, you shall pay economic compensation2Monthly wages, i.e.3000Element. (Tang Xiangqian, Sina micro-blog@Tang Xiangqian lawyers) 

 

1819, Hello, my mom and dad divorced my mother and I have been living, there is a house, the owner is my mother, she had to sell that is to buy a new house now, but I worry that she lost business, let her put real money is divided into two parts, I take part, but she is not agree to. I was an only child, not married, should have the right of inheritance, I can take legal way to get some money?

Answer: the owner is your mom and Dad, you and your mother had divorced, you fucking separately enjoy the ownership of the house, your mom can freely dispose of the house without your express consent. And you said the right of inheritance, because your mother still alive without
In succession. (Chen Fucai, Sina micro-blog@Financial SecretaryCFC)
 

1820, Hello, I am a student studying in Xiamen,7Month23In the Lake District Jinshan street after the pit community126Rent a house, signed three months contract, but now I want to return a house, according to the "contract law" article47Rule limited capacity for civil conduct contract signed by the legal agent ratification, not by the ratification of the contract invalid agent (I1997Years7Month of birth, just over sixteen years of age, there is no source of income). I then ask the landlord to return a house, but he told me that he was not a landlord, landlord is invited to management (the place where I live is self building, separated into many rooms for rent), and refused to return a house, I went to after the pit community neighborhood committees requesting mediation, but the neighborhood committee staff to the mediation. Signed a contract with me is Huang Ronglan, but now I see is claiming his young brother. Contract writing7Month22As of the effective date, valid for three months. I8Month22Days to pay second months rent, if I want to return a house, how to do? Can you sue Huang Ronglan request to terminate the contract and return deposit rent? Huang Ronglan and I signed the contract, but now I do not know where a person, there is no contact, how to do? The prosecution or his brother? Or the landlord? Her brother refused to disclose the landlord who he is, how to do? There is no better way? If I move out before September 1st, can not go back to this month's rent? How to prove that I moved out? In addition the contract stipulates the responsibilities of Party B (I), no provisions of obligations of Party A, whether it violates the principle of equality? What should I do to want to return the deposit and the rent?

Answer: you have full16Age is not full18Years old, which belongs to a person with limited civil capacity. A person with limited capacity for civil act is not always in effect pending contracts, if a corresponding age, intelligence, mental health situation and contract, does not require ratification by his legal agent. You and the landlord a short-term lease contract, in general and your ability to adapt, so it is difficult to determine the invalid. You asked to cancel the lease behavior belongs to the advance of cancelling the contract, if the contract for breach of contract termination contract is agreed, in accordance with the agreement, if not agreed, you need to consult with the landlord, the corresponding compensation each other. Prosecution
Then, you can sue the landlord or the signing of a lease contract with you, and according to the current judicial practice, maybe when the verdict was handed down, your lease contract had expired. Suggest that you continue to negotiate with the landlord, a part of the loss compensation of the other party, the early termination of the contract. (Du Hongtao, Sina micro-blog@Major case-Du Hongtao.
 

1821Hello, my friend, in the "Gee (South Korea) jewelry international group company, also known as: Guangdong aiyaya ornaments chain Limited by Share Ltd" under the banner of jewelry shop, entry time is2013Years4Month24Day, and she has not signed any contract, social security etc....... Salary on "social security" a printed200Words, if not be, her social security, the subsidy200Block? She2013Years8Month5No. delivered a written resignation, the manager has been delayed to ignore, by three over four times, the superior leadership finally agreed to her resignation, but in the next month9Month25Number of "standard" before leaving, otherwise overdue standards do not go. Explain the above "standard" one word: the company provides each employee every day, give yourself a turnover target, that is, the provisions of the "colleaguesPKGame ", in order to improve the competition ability and staff, the actual calibration is the manager made up, can't complete direct cash fine penalty, every day. A month more than 2000 wage she sent home to your parents, wages, his left hundreds of block board, these days fewer guests, sent to her lunch box are reluctant to eat, really sad. I hope you can get legal help, let her go out, very grateful!

Answer:1, according to the labor contract law article7Provisions, with employee employer has relationship with the employee.

 2, No.82Provisions, with employee employer has more than one year and not conclude a written labor contract shall be like the employee to pay monthly pay two times in less than a month.
 3The provisions of the state, social insurance is compulsory insurance, companies should not use form of the subsidy and not for workers to pay social security.
 4First, the labor contract law38Article:The employer fails to pay social insurance,
The worker may discharge the labor contract. You do not need to complete the so-called"Index"Can immediately terminate the labor relationship.
 5, immediately apply for labor arbitration to the local labor dispute arbitration committee, for the compensation and payment of social insurance. If the arbitration results against may file an appeal (Cai Shengqi, Sina micro-blog:The NIBAndPhoto)

 

1822Hello. Can I ask what property disputes. I bought a house in the Zhoushan Silver billion, this month delivery. I know but in today, the so-called high-grade residential building is the placement of the housing in front of six. This will seriously affect the prices, and residential environment. I can therefore return a house?

Answer: commercial housing sales in the process of advertising and promotional materials generally regarded as an invitation to offer, but the developers on the commercial housing development planning within the housing and related facilities for the description and promised to establish a precise, and the commercial housing sales contracts entered into and determine housing prices have a significant impact, it should be regarded as an offer. Recommendations in consultation with the developers, the refund part of 1629 because it did not explicitly inform the residential housing on the grounds. If negotiations fail, can developers hide area of resettlement housing facts on the grounds, to the court, request to terminate the contract, and require developers to compensate for your loss. In practice, the area of housing for the housing price, the contract is materially affect the judgement is more difficult, mainly to see whether the success of judicial discretion (Du Hongtao, Sina micro-blog@Major case-Du Hongtao.
 

1823Hello, I have a friend in her husband's mobile phone found two messages is a woman to have a name in the communication content is recorded in the"Husband eat you""Your husband son said today if it wasn't him I don't take care of you" and then to her husbandQQThe packet in the packet inside a family with this woman. That is the same person that can be used as evidence to sue for divorce you ?

Answer: according to the relevant provisions of the "marriage law", a person who has a spouse living together with others, the no fault party for a divorce, the court will generally judgment of divorce, and no fault party can ask for compensation. But the no fault party need to provide relevant evidence, according to the "Civil Procedure Law" requirements, evidence should have authenticity, relevance, legitimacy. SMS andQQChat can be used as evidence, but also need to provide other evidence of cohabitation, such as cohabitation place, neighbor or neighborhood of witness testimony, photos, audio and video etc, forming a complete chain of evidence, the court will be to determine the cohabitation of the facts. In addition, if you have a child with his life, providing evidence of this effect would be more strong. (Du Hongtao, Sina micro-blog@Major case-Du Hongtao.
 

1824Hello! Consulting some complex trouble you. One, the situation:1The man divorced a few years later remarried, the son is full18Years old. The brother and sister a few common family business for more than ten years. Premarital purchased two suites for mortgage loans. Married to one set of pay off mortgage again after the mortgage, the loan to the family company management. The man of property10%His mother, accounted for90%The mother is housewife, no income, now70Old house, the monthly loan is by the man to bear. The mother of property rights transfer to the son of hope in the future. Men and women married and not in the living room.2The man at the beginning of this year for its brother name company loan guarantee, the woman completely unaware. The amount of loans for personal use by his brother.3The man because of the family business, in addition to the two sets of real estate, no other personal assets, all are the assets of the company a total of.4The family business now began to break up, family business is good, but the man is not allocated interests.5The man married to bear his son and the cost of their loans.6Both men and women had no other marital assets.

Two, the woman's condition:1Woman who married, no children.2Before marriage, there are two sets of real estate, a set of full funding for her parents, common property, the purchase did not know the fashion. The other is a marriage since the purchase, mortgage housing, marriage is still using their own wages also loans. The real have premarital notarization.3The woman have a steady job and good income. After the bear their economic needs and their own home.4The woman's family and the man without any economic exchanges.5Because the cause has not fertile woman.

Three, consultation:1The man for his brother do guarantee, if his brother appeared unable to owing on the loan, whether can affect the assets?2After marriage, both men and women for reasons of economy independently, the family business, did not assume the economic life, if at the time of divorce, the mortgage of real estate, the woman is entitled to request the division?3The present situation the woman how to prevent to avoid their own risk?4In the present circumstances, if the woman how should ask the division of property in divorce? To get the economic compensation should be?

Answer: (1) but from the attribute, the premise of couple's joint debt is used to live together. Mortgage behavior cannot be directly equated with the common debt, in practice this is belongs to the common debt disputes, loan is in your husband outside the name, if it is to husband name property collateral, not owing on the loan can only deal with the property, your two house property to buy in the marriage, so as not to endanger your personal property. (2Before the purchase of real estate), belong to the individual property, divorce is common property, and your personal name has two sets of housing, does not belong to the housing difficult situation, unable to get the man before marriage to purchase the property at the time of divorce. (3) you name the two set of housing belonging to your personal property, marriage, your income, you can sign an agreement with the agreed way, obtained during the existence of marriage property of their respective agreed to all, so as to avoid risk. (4) at the time of divorce, all their property is still owned by individuals, the joint property of husband and wife general consultation between the two sides, the negotiation fails, the court decision in accordance with the principle of taking care of the woman and children. If a party has the bigamy, together with others, the implementation of the family violence, abuse, abandonment of family members of the case, the innocent party may request the fault compensation. (Du Hongtao, Sina micro-blog@Major case-Du Hongtao.

  

1825Consulting, you, drove the others hit his leg broken, except for medical expenses, but also should pay?

Answer: it is compensation for damage in traffic accident of the project:

1In part, compensation for personal injury: medical fees, nursing fees, late fees, accommodation fees, transportation fees, hospital food subsidies, nutritional costs;

  Disability, still should pay disability compensation, disability AIDS charges, was dependent for living expenses, as well as rehabilitation care, continued treatment of the actual cost of necessary rehabilitation, nursing fees, follow-up treatment costs.

2Property loss:

  The losses of property, the property loss should also be compensation.

The above loss, can claim, in excess of the cross strong insurance range, if the insured commercial insurance, according to the percentage of the responsibility.

Strong insurance to pay medical expenses limit of indemnity10000Yuan, including: medical fee, hospital food subsidies, nutritional costs;

The quota of compensation for disability insurance to pay strong110000Yuan, including: nursing fees, late fees, accommodation, transportation costs, disability compensation, disability AIDS charges, was dependent for living expenses.

Compulsory insurance of property loss limit2000Element. Chen Yue. Sina micro-blog@qingkongyueyue)

 

1826The trouble, ask, and friend partnership business, friends in10Million shares, I5A million ordinary friends, to run the business, I and his wife in the store business, wanted to know if the bonus is what

Answer: the condition that says according to you,Bonus question about partnership,Agreed dividends according to your agreement between partners,If there is no agreement,According to the proportion of investment dividends,Your friends and participating in2:1The proportion of dividend(The waves micro-blog@Chengdu lawyer Lei Fugen)

 

1827Hello! I would like to consult,19I don't understand, is a40Multi year old man cheated, after every eat contraceptives, never give me a penny, treat disease of Department of gynaecology money is my own pockets. He often went to miss, I found his relationship with other women, he admitted that death, often in the company to seduce female workers feel he is the biggest city of Tonglu County village committee secretary, is now the general manager of Fujian province Yuantong express company Chen Zhongsheng. The hospital inspection results I cannot be pregnant, I just turned twenty-two years old this year, their boyfriend didn't talk, when he and I said I have no fertility, he ignored me. I don't know how to face my parents and my future... He Is it right? Should be responsible for my future?

Answer: first of all, you have to collect together the evidence in your party, if you can prove that the other party and you have the fact marriage, and the other is married, then the other may be suspected of crime of bigamy.

Secondly, about your not pregnant, whether can sue each other, claim for compensation. In my opinion, there are some difficulties, the key is to find the evidence, that you can't get pregnant because of the other causes.

I think that is a reasonable method, you have collected the corresponding evidence, and then asks for a "relationship" termination agreement or agreement with the other party, and then get the corresponding compensation. (major Xie Xiangying. Sina micro-blog@Criminal defense recruits Xie Xiangying)

 

1828Excuse me, telecom company commissioned by the logistics staff come and sign the agreement with the customer format, this agreement is effective?

Answer: the condition that says according to you,If the telecommunication company commissioned by the logistics companies have formal commissioning procedures,Logistics company as an agent on behalf of Telecom Company,Signed an agreement with the customer,The protocol itself without violating the law,This agreement is effective.Sina (micro-blog@Chengdu lawyer Lei Fugen)

 

1829Hello:To buy things in my child in the evening, the dark village children take a yuan of money is afraid of another element taken flight is the two children played a slap in the face, I said they would tell me. Second days after a nap to go shopping again when he met the two children, their children not to beat again for money no place they pinch neck to 100 meters, played thirty or forty slap in the face causing eardrum perforation, but took the children during the pain was seventy dollars for mercy or in the field of his children to me he was in my pocket. May I ask whether this is annexed robbery, can I request the public security on this case? Thanks for the past half, things have been hit parents a penny never out, now we are treated, with(Two children at14Years of age)

Answer: the law of our country,14-16Years old, belong to the limited capacity, to8Bear criminal responsibility for crimes, including the crime of robbery. If the two children have14Years of age, then constitutes the crime of robbery, you can report to public security organs.

Even if the public security not on file, you can also tell the other infringement, by the guardian, is hitting the boy's parents assume corresponding civil liability, compensation for medical expenses, you need. (major Xie Xiangying. Sina micro-blog@Criminal defense recruits Xie Xiangying)

 

1830,Excuse me, I am a school, only to pay a deposit. Driving away my id say input file, now archives have not entered, the ID card is lost, how can I protect my rights?

Answer: if it is because the driving negligence and lead you to apply for a driver's license file for input system and to influence, then in accordance with the contract requirements driving assume corresponding responsibility. On the other, you can apply for identity cards, by the school bear the corresponding costs, but this is not important, the most important is if you don't know the situation, some people hold the fraudulent use of identity cards of your identity to engage in illegal activities, which may cause great damage to your. If it happens that tort caused damage, then you can ask the school to bear the relevant responsibility. (Zhiqiu guest Sina micro-blog@Major Zhiqiu guest)

 

1831I would like to ask you, attorney, criminal cases by the people's junior The court sent to the city center will be the first to not accept, be returned. Then after a while again the second time, the admissibility of the case? How long will it take to normal intermediate court (the primary courts3Month27No. have opened the chamber, but not convicted, two days before the notice we say to send to the intermediate people's Court of first instance) If accepted The public prosecutor, also is a District People's Procuratorate prosecutors? If now and then by city procuratorate prosecution, Is it right? Have to wait three months (complex cases have to wait six months) to trial?

Answer:1The possibility exists, then not be accepted. The court will receive the case within seven days after the decision whether or not to accept the.

2, do not know if you have not requested a lawyer, public prosecution will listen to counsel in the review of the indictment.

3In theory, it does not exist, you did not know the circumstances of the case to the court, the situation suddenly.

4Suggest you to verify, lawyer, or advice to the procuratorate, the court.

5The trial court receives the case, the period from the time when the. The trial is usually two months, or three months, special circumstances may be extended for three months.

6After accepting, court, procuratorate by city.

7Then, if accepted, there are two cases, one is the case of endangering national security, terrorism cases, two may be sentenced to life imprisonment, the death penalty. Must pay great attention to. Jing Hao. Sina micro-blog@King Mu Siyu)

 

1832Hello, I have a friend, she and her husband have two children, a child11A child14Years old, but they did not do what the formalities of marriage, but she don't know her man has married and have children of the case and the man gave birth to the child, but the child account being landed in man before the wife's name, and she is not with the man living together, the child is together. Life with her because no residence children read very inconvenient, ask the lawyer can return to a child's account

Answer: to carry the "birth certificate", your residence booklet and ID card to your residence in family planning departments to pay the fine, pay the fine health department will open a "the collection of social maintenance fee receipt to you". Then with your account of this, ID card, birth certificate and the collection of social maintenance fee receipt to your account for the location of the public security organs account. To the public security organ that is illegitimate children on account, the public will not be your marriage certificate. (Zhiqiu guest Sina micro-blog@Major Zhiqiu guest)

 

1833The employees of our company, by taking the advantage of his position, misappropriation of loan10Million, can I sue? Win him to return my money? If he acknowledge but said no money how to do?

Answer: as you said is true, the employee is suspected of embezzlement, can report to the public security organs. The law criminals illegal income stolen money belongs to the victim's legal property, shall return. (Zhiqiu guest Sina micro-blog@Major Zhiqiu guest)

 

1834, Hello, my husband was born in1979Years6Month8Day, in the2012Years11Month4In Fuzhou a construction site work was reinforced falling tower crane on injured, hospital treatment95Days after discharge, at home, in May of this year to review the bones is not long, and hospitalization for a week, he has been my care, not to care, medical expenses is the company to pay, from the injured up to now a total to ten thousand yuan living expenses. Now the work-related injuries identified as eight, his monthly salary is in seven thousand yuan on average, excuse me can compensate how many money? Thank you

Answer:1"Regulations", the implementation of industrial injury insurance measures according to byelaw of inductrial injury insurance and work injury in Fujian Province, eight stage treatment (1) a one-time grants for the disabled11A monthly wage (2Disposable) injuries Medicaid: according to the difference of age of whole area last published the life expectancy and the dissolution or termination of labor relations and the dissolution or termination of labor relations of average wage of staff and workers in the previous year month overall area calculated level eight, every year to0.3Months (3) one-time grants for the disabled in employment: in accordance with the difference of age of whole area last published the life expectancy and the dissolution or termination of labor relations and the dissolution or termination of labor relations of average wage of staff and workers in the previous year month overall area is calculated, level eight, every year to0.3Month.

2, by the employer to pay a one-time industrial medical subsidies and grants for the disabled in employment, seven to eight workers a one-time industrial medical disability grants and employment subsidies below20Months, according to20A monthly payment. (Mr. Liu Guanglu)

 

1835, Hello, have a question to consult.AA pigeon field contractor,BIs the fish ponds contractor. There is a pond next to the reservoir, and theBMust undergo the pigeon field beside the road pond, nowAAfraid ofBFishponds will pollute the pigeons growth, soASealed road, don't letBAfter. What legal basis can be provedAIs not entitled to seal the road? Thank you

Answer: according to the eighty-third general principles of civil law "real property adjacent to the parties, should be in accordance with the spirit of the production and convenient life, solidarity, fair and reasonable, correctly handle the relations between adjacent section water, drainage, access, ventilation, lighting and other aspects of the. Adjacent to the square to obstruct or loss, shall stop the infringement, eliminate the obstruction, compensate for the losses." (Mr. Liu Guanglu)

 

1836Excuse me, Hello, driving down the highway with traffic police found a car full responsibility, deducted from the wages, all are legitimate, there is a legal basis? Thank you.

Answer: no basis, should not exceed the monthly salary20%. (Mr. Liu Guanglu)

 

1837, I borrowed20Million toANow, he didn't have the money to the (due to more than a year) name1The house has been mortgaged to the people, for the loan15Million. What should I do

Answer: as soon as possible to the court, legal proceedings for a period of two years, in the prosecution of the seizure of property and other (Chen Fucai law)

 

1838, Hello, I rented a shop in Dali Town Nanhai District of Guangdong Foshan City shopping mall selling clothes, to the beginning of this year eight, half of the mall is said to be due to the development of the real estate around us, has begun demolition, the mall originally four entrance to the two street near the two main the entrance was sealed, the stream of people eight or nine reduce, not business, shopping malls refused to rent relief or compensation deposit let us out, or even removed shop owners some promised only to return the deposit, the contract period of more than a year. The mall is a tort, breach of contract? Such changes in all aspects of fire and other qualified? We are not removed business if it does not pay rent will default? How to safeguard their rights? Thank you.

Answer: should be combined with you and counter rental housing lease contract signed to judge whether the default, suggest to give the contract to the local lawyers have a look, is the specific circumstances to determine the protection scheme. (Zhiqiu guest Sina micro-blog@Major case Zhiqiu guest)

 

1839In Guangzhou, wholesale market, the purchase of a large number of products, turned out to be fake, it should be how to deal with, newspaper110?

Answer: if the amount of sales5Million yuan will be suspected of selling fake and shoddy goods crime, can report to the public security organs. (Zhiqiu guest Sina micro-blog@Major Zhiqiu guest)

 

1840Store employees have been fired, steal a business license and health permit tax registration certificate all original found in time to play110The results to the local police station, the police say that this is no money can not register certificate. Go back and found that some items are also lost again to say that go to the police, said there is no evidence, cannot put on record. Or go to the tube station security. Two departments and evade arrogant staff also threaten to my shop is not! Also our guests said don't we say she is now work shop is one hundred times better than we.

Answer: if theft is not up to the local theft case of standard, belong to illegal behavior, given administrative punishment can only. If the alleged crime and the public security organ shall not register, you may apply for registration to the local people's Procuratorate supervision. (Zhiqiu guest Sina micro-blog@Major Zhiqiu guest)

 

1841, Hello, I would like to ask. University tuition fee is based on the admission notice shall prevail, or school near the school when the school tuition is subject to sudden rise? Education Bureau issued price information through the college entrance examination after admission, will also affect the enrollment of students' tuition? The fees mentioned provisions7500(Hunan University of Chinese Medicine), school requirements9000This notice, and on7150, far, school behavior reasonable, legitimate?

Answer: school fees goblin price department approval, if approval is legitimate, if not the letter of approval, you can report to the Department of prices. (Zhiqiu guest Sina micro-blog@Major Zhiqiu guest)

 

1842,Hello, my question is this. Because the family planning restrictions, my home in time to my brother, parents child relationship also do a account. It is now I and my article is not in one account, my parents have two accounts, I want to ask1.This is what will be the effect on me?2My parents bought a house in the account of my brother's, and the two accounts of the situation, what is the impact on the parents? Thank you.

Answer: housing property is subject to the registration, and the census register independent. Similarly, the household does not affect the relationship between parents and children, as well as the corresponding support, support, inheritance based on the phylogenetic relationship of extension of legal rights and obligations. (Zhiqiu guest Sina micro-blog@Major Zhiqiu guest)

 

1843One family, please save us, Hello, we are the Yanggakdo town Maogang District, from an extremely poor rural family, my mother Liu Yumei is a leukemia patients , visits to the people's Hospital of Maoming city. Has six years of history to take medicine every day, and the old grandmother home, suffering from schizophrenia for decades, people are not afraid of the poor afraid ill mother suffering from cancer to cure home in debt, more unfortunately brother also had uremia, renal necrosis, visits to the Gaozhou City People's hospital. My younger brother, in this month19Night in Gaozhou City People's Hospital suspected drip accidental death, it still cannot solve.
   Cause to patients in August19No. five in the afternoon to visit the hospital dialysis, due to traffic jam is late, not to the bed, the doctor asked a night of hospitalization tomorrow to visit, because patients with no resume, the doctor did not see the computer billing called family first to capture to expend, patients move freely, probably about six nurses in blood, after playing the C, hooked to a drip patients began to feel uncomfortable, in a few minutes the patient struggled for needle, a nurse asked the patient waiting for the doctor to come later, but the doctor came after another fifteen minutes, the patient waiting time agonizing cries, requirements of needle are doctors and nurses was on the bed, then the disease population and the nose began to take blood, eyes from the vent, struggling to unconscious, then is the one to rescue, rescue invalid death has been confirmed.
   Family rushed to the hospital raised an objection to the death, the hospital transfusion requirements issued by the single and the list, no one responded, family has been in the hospital waiting for the leadership to respond, secretly transport. The next morning the hospital called people in families without the knowledge of the family asked, body whereabouts, originally the hospital said8Month20Two thirty in the afternoon meeting, to answer, can be pushed to the8Month21In August,21Number of family members, was beaten in the hospital, first some security for their minor child cuff and kick, and wounded people, framed family wounded

Answer:1Identification of medical accidents, immediately put the responsibility to the local administrative departments of health administration. The identification of the cause of death and the treatment measures have no defect judgment.

2, if the family economic difficulties, can be to the local administrative departments of the administration of Justice (Justice Bureau) put forward an application for legal aid, in line with the conditions, will be assigned a legal aid lawyer to provide legal aid service for you.

3The deceased,,. Pay more attention to the legal procedures in adults, try to avoid conflicts produced greater losses. (Zhang Tingyuan, micro-blog: Sina-Zhang Tingyuan.

 

1844, Hello, have a friend, because their parents again, so I abandoned by their parents, and grandparents grew up together, never on the account, now16Years old, want to go out to work, now is facing a problem of no account, identity card, he this situation should be how to obtain account, thank you.

Answer:1In view of your friends, family difficulties, can be to the local administrative departments of the administration of Justice (Justice Bureau) put forward an application for legal aid, in line with the conditions, will be assigned a legal aid lawyer to provide legal aid service for you.

2, may bring an administrative lawsuit to the local people's court, the public security organs account for household registration, ID card, proof of identity. (Zhang Tingyuan, micro-blog: Sina-Zhang Tingyuan.

 

1845, Hello, our company in Shenzhen City, do golf simulator. Our company has no business license in the country (the company registered in Hongkong), a period of time, before and people trading often using other companies with the buyer signed the contract, there are also many didn't sign any. I first came to the company soon,2More than a month, did not follow the company to sign a labor contract. I made a single now, the boss asked for my name and other buyers to sign a contract, I want to know that such contracts have legal effect? If the transaction is wrong, I should not be responsible for? If I don't want to sign, the boss won't sign, what other methods to facilitate transactions? Say one more word, boss is not Chinese, not at home now.

Answer: according to the relevant provisions of the contract law and the general principles of the civil law, you with your buyers signed contracts have the force of law, at the same time, you as a seller of the contract, the contract shall bear the obligations stipulated in the. If the contract in the performance of the problem appears in the process, the buyer has the right to request you to assume corresponding responsibility. (Liu Guanglu, Sina micro-blog@Dongguan-Lawyer)

 

1846Major, Hello, I have a question to ask. My aunt had three children, only the eldest daughter is belongs to the legal policy, the other two are. In the2011Because of the census, so she can help the two children into account. But after the village committee in the census, to pay the social maintenance fee they. Because of their relatively poor so I didn't pay. He Cun Wei Hui from2012Years have made their home in the village inside the share of the dividends, only daughter and her own share dividend. I want to ask a lawyer, the village people have a right not to send them their share of the dividends from inside the village, the village committee is right, what is the legal basis? In addition, if they continue to do not pay the social maintenance fee that the government has the right to what further action, for example will bring their own down in rural house?

Answer: according to the State Council promulgated the social maintenance fee collection and management of the fourth, the collection of social maintenance fees, by the family planning administrative departments of the peoples government at the county level shall make written decisions on the collection; the people's government at the county family planning administrative departments may entrust the township (town) people's government or the district offices to make written decisions on the collection. Article twelfth party unit or village committee, city residents committee, shall cooperate in the collection of social maintenance fees.

As for your question will bring the house down, I think the house is no legal basis, is illegal (Liu Guanglu, Sina micro-blog@Dongguan-Lawyer)

 

1847Hello, my friend, are farmers, his family's fish ponds were poisoned, the number of tens of thousands of, can poison people what sin, but the police haven't message alarm.

Answer: the condition that says according to you,If is the human poisoning,Suspected crime of throwing dangerous substance;The public security organ to accept the report of investigation and evidence collection requires a process,There is evidence,The public security organs to take compulsory measures against the suspects,You can follow the public security organs to accelerate the speed of press. (Lei Fugen, Sina micro-blog@Chengdu lawyer Lei Fugen)

 

1848He and I are through relatives, introduced, after knowing along with less than a month to get married (2011Years11May married) marriage is to cease to exist except in name, I want a divorce!...I was in Guangxi, a marriage certificate is in Guangxi. Both sides are now working in Guangzhou, I would like to ask you, I will be in Guangzhou can take the divorce formalities done? Now divorce or in the agreement... 2012Years11On the birth of a child, in accordance with the "marriage law" in the custody of the child should belong to me, and the man is not willing to give the child support payments......I think the court of appeal, but due to family concerns, unsuccessfully, to ask what should I do? If the court of appeal, what is good about processing fee? How much is the probability I win? Thank you.

Answer: according to the relevant provisions of the civil procedure law and the marriage law, the divorce agreement, should work together to a party where the permanent residence of the marriage registration office for registration of divorce. If you want a divorce in Guangzhou, you need to provide proof of each other more than a year living in Guangzhou, and only through a divorce to the court. If you raise the children, then the other party shall pay the fee, as litigation costs, litigation fee paying means. (Liu Guanglu, Sina micro-blog@Dongguan-Lawyer).

 

1849, Hello, my grandfather had four sons, two daughters, my grandfather alive when others no matter, annually by a third raise nearly10Years after the death of her grandmother, left one of four brothers agreed to raise the grandmother, then set written evidence the old name housing land brothers with four ways, but in the process of raising the second with four quit, not one day to perform their obligations, the old man has been raised by the third, the boss raise, the first few matchmaker three traffic deaths, the boss now put old man by the remaining three brother, man land with the housing by three brothers No 3 copies, which can sense it, old wife and son and daughter have a copy of you, how do,

Answer: the youngest children inherit in subrogation right. Inherited his father should inherit the legacy of the share. (Zhiqiu guest, Sina micro-blog@Major Zhiqiu guest)

 

1850I encountered in the demolition, land transfer, property, a total construction area of309Square meter. The property covers an area151Square meters, the rest is empty. Now do the only on151Square meters of compensation, another space they say is allocated in nature without compensation, and relocation agreement marked the resumption of land use rights, such a problem?

Answer: the allocation of land for housing compensation of land, for the allocation of land compensation less or no compensation, the specific provisions of different parts, the details should be referred to the local policy, inquiries to the departments of land and resources management. (Zhiqiu guest, Sina micro-blog@Major Zhiqiu guest)

 

1851, Hello, my mother in the2010Years of being cheated5Million yuan, said to help him do fund, but up to now, no news, repeatedly calling me, the other always said let him wait, now we only bank remittance voucher, what should we do? I checked on the Internet, the limitation of action in civil litigation is two years, criminal fraud is five years, I now if the alarm, Is it right? Can only be solved in criminal cases? Please

Answer: the folk lending is generally difficult to identified as fraud. Suggest you find each other to demand repayment, such as return not immediately, let the other side to set up a repayment plan, so the limitation interrupt the re calculation, you can file a civil lawsuit. If you don't write, you can also call for at the same time, the same effect. (Zhiqiu guest, Sina micro-blog@Major Zhiqiu guest)

 

1852, Hello, I want to marriage counseling problems,My sister is pregnant after marriage gave birth to a daughter, now10Months, because it is the older youth, but my sister is ultrasound doctors, married the follicle test with several times is pregnant, then has not her brother-in-law, began to work pressure on the grounds that the mother and child love, tendency and the mother, the mother not only hope the son and other people close to, even the granddaughter also not take, milk powder charge well into the refrigerator overnight to give children to drink every day, the child diarrhea, marriage has alwaysAAFor, he did not give me a penny, sister sister home, their own money to give to children to buy insurance to buy baby supplies, but the pair become aggravated, daily mean children and my sister, before the men (real, no loans, married to buy a car10Million cars) and even want to put them out of the house, and then my parents rush in the past also called my parents to roll, then they moved out, from May up to now has not to give children a penny out of alimony, he wanted a divorce, but also do not want to give support, do not want to pay for it has been dragged, he is technical section chief of Guangzhou Dongfeng Nissan headquarters, hundreds of thousands of annual salary is unknown, we have all the property transfer, just one month1000Support, I would like to ask what I should do now? He was stingy, married a wedding did not, children full moon photos are reluctant, or my sister the money according to, not only not good, physiological heart problems, we are very helpless, to consult a lawyer, said we have no evidence, can only point for alimony, he now half didn't tube baby, we want to go to the unit find his leadership, but they cannot go to the lawyer units, tax what are about the evidence, more than a year without her don't know whether he is straight or gay son, where are we going to get the evidence, this even if, now the child is still small, follow the metamorphosis of mother and child do not know will not live! Just wanted to get more support, but he has all the property transfer, and his annual salary plus bonus exactly how many, we all don't know,

A: your sister, if you want to divorce, the court may direct. For couples that have been broken evidence, you can ask the relatives and friends, neighbors, neighborhood committees and other relevant certificates issued by the. As for the man whether foreign or gay, not easy to provide evidence, and for her share of the property is not very helpful. The divorce property division, by mutual consultation, negotiation fails, the court decision in accordance with the care of children and the rights and interests principle. Because real estate is the man before marriage to buy, should be the personal property. The vehicle after the purchase, may require the segmentation. The man married wage, bonus income belong to the joint property of husband and wife, the woman has the right to require the segmentation. If the existence of divorce before the transfer of property, can provide clues to the court, request the court to obtain relevant evidence, the court found the man once transfer property, according to the "marriage law" article47Article: "at the time of divorce, one party is hidden, transfer, sale, destroys the couple's joint property, or forges debts in an attempt to seize the property of the other party, the division of common property, to hide, transfer, sale, destroys the couple's joint property or forge debts to a party, may provide little or none" sister, you have the right to share the property. If your sister has difficult life circumstances, may request the appropriate help from the housing and other personal property. Because the man since the beginning of the year5Has been moved from, and without payment of any fee, their actions constitute abandonment of family members, according to the "marriage law" article46The provisions of article, your sister has the right to request the compensation for the man.

    For2The children under the age of, generally with the mother's life. As for the fee standards, according to the "Regulations on the people's Court of divorce cases handled some concrete suggestions" parenting problem, fixed income, nurturing fee generally according to the total monthly income of twenty percent to thirty the proportion of payment. As for the income of husband, recommendations apply to the court for the company directly to take the relevant evidence. In view of the behavior, the best husband a one-time payment of alimony. In view of the fact that involves the transfer of property and other complex problems, suggest the lawyer handling. (Du Hongtao, Sina micro-blog@Major case-Du Hongtao.

   

1853, Hello, I would like to ask, I am the driver to a production of dangerous goods factory delivery, the factory regulations are not allowed to bring mobile phone lighter into the factory, I accidentally with lighter in but did not use, into the factory before they let me sign on a mobile phone not with lighter told book, I bring into being find a fine200Yuan, would they have fine permissions, if have what is the basis? Thank you.

Answer: the fine is an administrative punishment, only has the power of administrative law enforcement agency or authorized by law to exercise the administrative power of certain units and organizations can exercise the power of administrative punishment. Companies such as general civil subject, no administrative punishment (penalty) right. (Zhiqiu guest, Sina micro-blog@Major Zhiqiu guest)

 

1854, I5Years ago to buy a house, buy when the house is no real evidence, only a contract. This property permits down, the original landlord put property cards to bank loans, now the original landlord business losses to try also loans, may I ask how can I do.

Answer: for your interest to obtain the maximum protection, suggest you immediately to the court for property preservation before litigation, which apply to the court for preservation of the house. In the courts to take preventive measures on housing from the date30Days, the original landlord to court, demand it to bear the liability for breach of contract.
In accordance with the law, the original landlord to the housing mortgage loans to banks, when unable to repay loans, the banks will of housing as collateral for change to realizing the right to mortgage. The house should be gone. Because between you and the landlord is the housing sales contracts, the original landlord will housing transfer to your name and housing will be delivered to you is for their duties. Now, the house because the original landlord's behavior by the banks to price, you are unable to obtain housing ownership, the original landlord in breach of contract. You can include a claim the responsibility of breach of contract, compensation: returned 1629, 1629 interest loss, compensation for this period prices for your losses and all because the original landlord default and bring you loss. Cheng Chen Sina: micro-blog-Cheng Chen.

 

1855In Shandong Province, we are a small state-owned enterprise workers, the enterprise name:Shandong Tianli veterinary medicine factory. Ten years ago2003Years, the veterinary drug factory for forced staff ID card, to do real estate mortgage, guarantee for enterprises loans to the Agricultural Bank of China Qihe County200Million, all loans are used in the operation of the business, after the expiration of the loan we22Staff loans and200Million, then poor business, went out of business, because the Tianli veterinary plant belongs to the state-owned enterprises, belonging to the Shandong provincial agricultural company, now the company still exists, the follow-up work days and veterinary medicine factory and people management. 
But now the bank loan has not been repaid, our employees who have bad credit records, bank temporarily not to our call, because loan bank also very clear funds.
Loans are loans to enterprises forced us threats, all loans to enterprises, this money should bear the responsibility of enterprises.
Banks know money is used, also in line with the enterprise to handle all the procedures, the bank comparison should also have the responsibility, but banks are not lending to our personal call.
Our problem is:How to eliminate the loan? How can we will record our personal eliminated? The lawsuit how to play? The defendant should be who?,

Answer: workers on its own behalf, and to own property as collateral for loans to banks, for business. If there is evidence that all loans are for enterprises, so enterprises have the obligation to repay the loan. Because do not know the situation is bankrupt or transferred to others, so I can't judge between the employees and the creditor's rights of the enterprise how to deal with. According to the present situation, first proposed to the local industry and Commerce Bureau query Tianli enterprise state veterinary medicine factory. To understand the bank loan is as bad debt write off to the negotiation is, Shandong province agriculture group company request to repay debt Tianli animal pharmaceutical factory. Under normal circumstances, if the loan is not repaid, the credit record is not updated. Even if the loan is paid off, but before the trial fails so included in the credit records of bank employees, need to produce non malicious overdue repayment, and in consultation with the people's Bank credit information, change. (Du Hongtao, Sina micro-blog@Major case-Du Hongtao.

   

1856I work in a factory, a friend,Their class need new water dispenser,Drinking machine wire is not long enough,He took to the electrician before,After the water leakage accident casualties,He must bear it.

Answer: if you have no electrical aspects of the qualification, and in violation of regulations or not after the factory units allow private wiring, in case of leakage caused casualties or other loss, you need to bear the responsibility for compensation. Safety, recommendations or via the factory arrangements for professional grounding wire. (Du Hongtao, Sina micro-blog@Major case-Du Hongtao.

1857This year, my dad62Years old, in the2004Years when a community engaged in cleaning work has nearly9During the year, has not signed labor contracts with the purchase of insurance. Then this year2Month to age is not his doing, but without any economic compensation. We propose an arbitration application to labor arbitration committee, but they are over the age of60Years old is inadmissible. We went to the District Court of the legal person of that community on behalf of the Secretary for economic compensation must now, court has accepted the case. Excuse me, we are in accordance with the labor contract law and regulations the latest interpretation can win the lawsuit?,

Answer: according to the "labor contract law" Regulations for the implementation of the provisions of article twenty-first, the workers reached the statutory retirement age, the termination of the labor contract.60Our country is years old male statutory retirement age. Your father this year62Old age, if this is the case, then in the two years before2011Years has been reached. So your father nine years time, can this segmentation, from2004Years to2011Years, your father and has the work relations in a community, the community should be legally in your father into a month post its to sign labor contract, if not signed, from the entry for a full year the next day, your father and the community has set no fixed term labor contract.2011So far. Should be between the community and your father is a kind of employment relations in the civil. If based on the "labor contract law" words, in reaching retirement age after the termination of the labor contract is no economic compensation to say. But you can to the community for not sign labor contract11Months of double wages. The above is the assumption that labor relations between your father and the community to answer. But it is also possible to your father and the community at the beginning is not consistent with the requirements of the labor relations between the two sides, it can only be understood as the employment relationship in the civil, should by civil laws and regulations related to the adjustment, the labor contract law does not apply to "". You can also ask the community to pay social insurance father, if not pay can request to change the community shall bear the responsibility for compensation. Personal views for reference only (labor supervision Wang Hongyi Sina micro-blog@The earliest80After)

 

1858This year, bought second-hand housing, house7In January transfer to our name (transfer within five days of others have noted the purchase contract owners), occupying no go, said Wei did not call them,9Month2No. the tail section has been called the owner, he went to the decoration of their houses, houses after a taste for the reason, do not go to his house.,How can we let him go, safeguard the legitimate rights and interests of our. In urgent need of help.

Answer: you can alarm the public security organs carrying premises licence to the requirements, the immediately moved out of the house, if the public security organ to economic disputes is inadmissible, to request the public security organ at a higher level processing.
2If the method1No, just take the purchase contract, payment vouchers and other evidence to the court for the leases housing, and compensation for you because of the damage caused by the occupation of your house. (Chen Fucai, micro-blog:Financial SecretaryCFC)

 

1859Last year5My friend was an acquaintance in fraud in Guangdong Province Zhuhai City, when the report and file, as the means of fraud is a fake celebrity calligraphy and painting to sell with my friend, amounting to120Million yuan, Public Security Bureau through the investigation and collection of evidence cognizance is the gang, which part of the gang members had been arrested, but lie to my friend that the public security organs that have no subjective fraud has not arrest, and suggested that my friend and talks to settle, about two times without fruit, my friend by a superior public security, procuratorate and the Department of supervision, but there has been no clear results, it is neither closed nor judge, as time goes on my friend increasingly unfavorable. What can we do now?

Answer: the public security organ for not filing the case behavior, suggest you directly to the procuratorate report filing requirements. According to the relevant provisions of the "Criminal Procedure Law", "the public security organs shall be considered the case on file for investigation and not placed on file for investigation, or the public security organs shall think of the case on file for investigation and not placed on file for investigation, submitted to the people's Procuratorate, the people's Procuratorate shall request the public security organs that do not file a reason. The people's Procuratorate considers that the reasons for not filing the case in public security organs can not be established, it shall notify the public security organs, the public security organ shall file the case after receiving the notice." If the public security organ shall not register, then you have the right to request the reason for not filing the case. If you cheat your friends who not suspected of criminal police believe it, you can go directly to the civil dispute grounds to the court, ask your friends to deceive people money back. (Du Hongtao, Sina micro-blog@Major case-Du Hongtao.

 

 

 

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