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 1341st to 1400th legal consultation 

 

"Major" legal aid platform Q & a record (forty-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:

 

1341Q: my mother suffers from high blood pressure, due to go out to work and Ruan a quarrel, and then tussle, thrashes in the process both fell in the heap on the ground tile, after all they will be opened. Later found out that my mother action inconvenience, Ruan x et al. Then my mother sent to hospital, the diagnosis of left basal ganglia cerebral hemorrhage broken into ventricles system, obstructive hydrocephalus, essential hypertension3Level. My mother my father a person care was hospitalized for a month, cost of medical expenses44254Element. Excuse me, this case my mother should bear the responsibility? Ruan Mou to bear much responsibility?.

Answer: according to the "tort liability law" article sixteenth "infringement caused personal injury, the reasonable expenses shall pay the medical fees, nursing fees, transportation fees and expenses for treatment and rehabilitation, as well as the lost wages." , twenty-sixth: the victim is also at fault for the damage, the liability of the tortfeasor can reduce." The regulations, if the proof of your mother's illness is due to both the direct result of the fight, may request the Ruan and bear the liability of compensation, the specific responsibility assignment according to the two sides of the fault and decide, if the other party refused compensation recommendations prosecution. (Chen Fucai, Sina micro-blog@Financial SecretaryCFC)
 

1342, q:A few days ago, an unexpected one of my relatives on the way to work, but don't be maintain for inductrial injury accident, hereby confirm for us. The specific circumstances as follows:Relatives working in a construction site,7Month26Number, a worker home Tianding site, put the wine. The of my relatives because to go to work at noon, so home that night and the remaining and didn't go to the workers together last night. More than six pm, relatives and they work, construction site Project Manager's nephew borrowed a car they used, up to halfway, will the person on the car is divided into two dial, go dinner. Not wanted, relatives and ride car, because drivers improper driving accident. Then the driver side, including site are no appearance. In view of the fact that do not understand the law, asked a local lawyer, I do not know which department(The traffic police or the Department of labor)Let not the injury, because change. Does this argument was you?Thank you!

Answer: the person that do not constitute a work-related injury, traffic accident on the way to work, must be reasonable commuting time, home also should be the only way which must be passed, the party is the project manager's relatives to, but is not the act of duty, can handle death according to non injury. Traffic accidents should be the first to creditors claim. Xie Yanping.

 

1343, q:Major, ifACabinet placed inside a2000Yuan in cash and a laptop computer (value3500Outside the cabinet), also on the lock, but, one day,AFound his cabinet was forced open, notebook computer inside and cash are not, according to theAVerification, found to be roommateBStolen,AQuestionB  , BAt first does not admit, butAThe report to the police, repeatedly asked after,BAdmitted that he stole a computer, and is willing to return, but not admitted taking my RMB2000Fact.
Ask, the2000Yuan in cash Is it right? ByBCompensation?
BThis kind of theft to how many years?
If,AThere had been no proofBStole his goods, just wonderingBAt this timeAWhat should I do?
A cupboard in the same event before the theft2Day, also lost a tablet computer, the person that can stealBFor?

Answer: "explain" the Supreme People's court, the Supreme People's Procuratorate on handling the issues concerning the application of law in criminal cases of theft of the theft of public or private property value of one thousand yuan to three thousand yuan, thirty thousand yuan to one hundred thousand yuan, three hundred thousand yuan to five hundred thousand yuan, it shall be deemed as the criminal law 264th stipulation"A large amount of","A huge amount of","If the amount involved is especially huge". "PRC Criminal Law" the 264th stipulation: theft of public or private property, a relatively large amount of time or theft, is less than three years imprisonment, criminal detention or control, or be fined;The amount is enormous or other circumstances are serious, department for more than three years of less than ten years imprisonment, fined;If the amount involved is especially huge or other especially serious circumstances, department for more than ten years of fixed-term imprisonment or life imprisonment, and concurrently be sentenced to a fine or confiscation of property;Any of the following circumstances, he shall be sentenced to life imprisonment or death, also be sentenced to confiscation of property:

(A)Theft of financial institutions, especially huge amount of;

(Two)Stealing precious cultural relics, if the circumstances are serious. Xie Yanping.

 

1344, q:Hello, sorry to bother you. I am a Freshman (to be read two). Take advantage of the summer40A holiday of a few days, came to Dongguan Silverlit Toys Co., Ltd. do summer work. I have a total of two signed labor agreement. The first internship period is2013Years7Month2To2013Years8Month20Days, a week after the factory gave me an agreement but internship period to2013Years8Month30Day. Today is8Month1Number, because home something so immediately resign. In accordance with the provisions of the factory, I7Month30The book written on the left,8Month1Can the formalities,8Month2Daily wage. But the Ministry of personnel now don't give me the formalities, and provides two options: first let me at least8Month15To get paid; second, now quit can, but must be a week's salary. In our school there are90Many people work in this factory, but now want to15The day before leaving the people30.40A. We just want to get paid leave and left us. But now the factory does not let us go. I would like to ask, what are the legal provisions to prove that they are not legitimate? Or what method can let this matter as soon as possible. Hope reply as soon as possible, thank you

Answer: according to what you said, your agreement should be based on second standard, namely the internship period to2013Years8Month30Day.

"Labor contract law" the thirty-seventh employer advance notice of three days during the probation period, may terminate the labor contract. Eighty-fourth where an employing unit violates the provisions of this law, to guarantee or any propertiesfrom labourers, the labor administrative department shall order the return of such workers themselves, and to each person of five hundred yuan of above two thousand yuan of the following standards shall be fined; causes damage to the employee, it shall bear the liability for compensation. Workers according to the lifting or termination of labor contract, the employer retains the archives or other items, shall be punished in accordance with the provisions of the preceding paragraph.

The quickest solution is to negotiate with the employer, not to reflect the situation to the local trade union or the labor inspection team, processing by the competent administrative department. (Hu Yue, Sina micro-blog@Hu Yue lawyers)

 

1345,Ask:Hello, I want to ask about a former boyfriend to spread my personal photos and comments on the micro-blog libel. I have all these screenshots and leave the card I advised him to delete the contents, he not only does not delete that will continue and become even more popular. His constant harassment and online speech lets me be unable to live a normal life, I would like to ask how can I do?

Answer:1To micro-blog, complaints, requests micro-blog service providers to delete.
2The request, can alarm, police public security penalties on ex boyfriend.
3, can sue to the court.
4If micro-blog service providers, to delete, service providers have been deleted, the prosecution can be ex boyfriend and service providers to.
5First, suggest you complain to the service provider, not to alarm.
6, there is no way to sue. Jing Hao. Sina micro-blog@King Mu Siyu)

 

1346, Q: a couple has a daughter, two people divorce, agreement on the house to the man. If the husband remarried, for women with children, then the final house property of its own female have a?

Answer:The house at the time of divorce to the man, as his mother a gift house for father, the daughter as heir, is entitled to inherit, of course, the stepmother also have the corresponding right of inheritance. (@Familiar with the city)

1347Ask: Hello! I have about probation training expense question to ask the teacher. I this year1Month6Date of entry, become the Standard Chartered Bank of Chengdu Waltz branch employees,4Month8To4Month19Recently went to Chongqing on the South Bank of Chongqing branch of Standard Chartered Bank for a period of two weeks of training. Total cost incurred during the2149.8Yuan, the money240.8Yuan, meal595Yuan, accommodation1314Yuan (I and another colleague to share, a total of2628Element we split). These costs are in line with the requirements of the company. I due to personal reasons5Month17Formal resignation.5Month is before departure will have reimbursement data sent to Chongqing boss assistant (that are generally treated). The boss assistant check invoices of qualified, according to Standard Chartered processes require employees to submit system in the system, then the boss in the system of examination and approval, approval will be headquarters claims success. But I after I ask my colleagues to help my submission system in the system, it is said that before the employees are so handled. But my colleagues to help me after the submission of the boss does not grant (said to be the boss does not understand why people commit), and the boss assistant told me because I had to leave headquarters there not to submit an expense account. I have to give my line manager and assistant boss call letter urging on the matter, but so far have not specific answer, they said only in boss feedback. It has been so dragged, Standard Chartered Bank reimbursement was very strict, and the longer the time is used as a pretext for headquarters would not let the reimbursement. Now I don't know how to get back to his advance2149.8Element. I have been on leave in accordance with the labor law, three days ahead of time to put in six months probation period. Please help me, thank you very much

Answer: according to the "labor contract law", the employer to provide special training expenses for employees, professional and technical training, can be agreed period of service. What is the special training expenses, generally speaking is worth the company every year to transfer from the total wages of staff training funds, that is only to provide training funds, can be identified as special training expenses.
2Basis "Labor Department Office of the termination of labor contracts in probation period according to the provisions of the reply", terminate the labor contract during the probation period, also do not need to the employer to pay any training costs and damages.
Therefore, suggest you in consultation with the company, it is not, you should keep the relevant evidence for judicial way. (@Major case-Wang Zhen.

 

1348, Q: Hello, excuse me: my aunt can get in the factory, now the factory said that if no social security to pay factory here all medicine Fei Fuqing, but if the pay for social security card will not pay any fees, to come to negotiate compensation, whether or not they this practice legal?

Answer:1, injured during work in the factory, the factory should bear all the relevant medical fee that is the law, you may also be present in advance.
2Then, by law, to require the company to the local labor and Social Security Bureau for ascertainment of a work-related injury, and then to the labor and social security bureau is the designated medical institutions for industrial grade identification; if the company does not match,Can self declaration of work-related injury and identification.But if there is no labor contract,But also through the labor relationship confirmation procedure.
3According to inductrial injury identification results, corresponding to the requirements of industrial injury compensation, if the company bought work injury insurance, by the labor and social security bureau pay inductrial injury compensation, if the unit did not buy industrial injury insurance, industrial injury insurance paid by the unit according to the standard.
To sum up, you can according to their own situation, consulting local counsel. (@Major case-Wang Zhen.

 

1349, ask: the man in order to get married, buy a house from her borrow one hundred thousand usury, paid Shoufu, married to the woman's home also shows, usury, and pay for the renovation costs. And the woman married to just know, the man before marriage to open a single proof to buy housing, marriage, the woman asked to write their names in the house property certificate, the euphemism refused. These days, the man hit the woman, now two people divorce, the man didn't come home for three or four days, ask, can get certain property division women after divorce? Or to return to their own pay money to buy a house?

Answer:1, real estate is still the premarital property, but can claim segmentation owing on the loan and real estate value-added part of the value. According to "the Supreme People's Court on the judicial interpretation of the marriage law (three)" Tenth spouse before signing the contract for the sale of immovable property, the personal property to pay the first payment and bank loans, after marriage with the joint property of husband and wife owing on the loan, the registration of real property in the first payment party name, the divorce of the immovable property by agreement between the treatment. In accordance with the provisions of the preceding paragraph can not reach an agreement, the people's court may order the real estate property right registration to party, has not yet returned to the property right registration loan a party's personal debt. Both sides together after marriage loan payments of the property and its corresponding appreciation part, divorce should be based on the provisions of the first paragraph of article thirty-ninth principle of marriage law, property right is registered by one party to the other party for compensation.

2Also, her husband10A million dollars of conjugal debt, can claim each other to pay you half the repayment. "The Supreme People's Court on the judicial interpretation of the marriage law (two)" the twenty-third stipulation: "the creditors of a party before marriage the negative personal debt to the debtor's spouse to claim, the people's court shall not support. But the creditor is able to prove that the debt except for family life together."

3Recommended the prosecution, the husband's divorce, the marriage family violence is the guilty party, the compensation request. "Marriage law" article46A: one of the following circumstances, lead to divorce, the innocent party shall be entitled to claim damages:

  (A)Bigamy;

  (Two)A person who has a spouse living together with others;

  (Three)The implementation of the family violence;

  (Four)Abuse, abandonment of family members. (Wang Shuo, Sina micro-blog@Leonw_1984)

 

1350, ask: Hello, I consult.98Years to04Years in the business unit when the temporary work unit did not give me to pay old-age insurance premiums, in04Years3Month to formally in the staff began for me to pay. The unit to pay the6Years of endowment insurance, unit leaders refused to pay, this reasonable?

Answer:1, according to«The social insurance law»The employer should be in30Social insurance registration days,Laborer fails to handle can be reflected to the labor dispute arbitration or the labor security supervision departments. Damage should bear the responsibility for compensation. But the term of labor arbitration is one year,Accept the term of labor supervision for two years. If in the04Since you don't have to reflect the relevant departments,Unable to prove who require the employer to pay or no other suspension. Then the labor arbitration and labor inspection may be due to the aging inadmissible. You can ask the court to claim compensation for their losses. (Wang Hongyi Sina micro-blog labor supervision@The earliest80After)

 

1351, Q: I bought a suite to others, but this suite is the local coal mining subsidence households directional houses,5Years he only possession and use rights,5Years later, according to the policy for the property. I would like to ask, now purchase from him is legal? Whether to have signed the housing purchase contracts have the force of law? If he is back in court, if I can go back to my house!

Answer:1Although both parties to sign sales contracts, for the money and the housing transfer procedures, five years after the housing transfer procedures did not violate the law, legal behavior; but compared with ordinary commercial housing, resettlement housing transaction risks many.
2At present, the placement of the housing problems mainly because prices rise easily induce the seller's breach of contract.
3Suggest that you still good sales contracts, write clear transactions 1629 paid and received, indicate the way agreed at the same time the liability for breach of contract, so even if the other party estoppel, as the buyer still can well protect their interests will not be a big loss. According to the practice, summary sentence: keep the contract and the limit of payment receipt for urgent. (@Major case-Wang Zhen.

 

1352, Q: I'm a married woman, because my parents angry, a month to be married, after that we are not a passer-by, now indicted divorced, no children, no common property, but he refused to sign, but also often sent threatening information, but also to our home slapstick, I think information, how should I protect myself! He, how should I treat!

Answer:1According to the "Regulations on divorce in marriage law", in any of the following circumstances, mediation is invalid, should be granted:
　　(A)Bigamy or cohabitation of a married person with any;
　　(Two)The implementation of family violence or maltreatment, abandonment of family members;
　　(Three)Gambling, drug abuse incorrigible;
　　(Four)Because feelings not separated for two years;
　　(Five)Other circumstances lead to the breakdown of marriage.
2Can take the form of divorce separated for two years
3Proposals from the other threatening messages, at the same time, if the other party to your trouble alarm, police records, copy to help you more quickly divorce.
4The divorce agreement should be signed by both parties in force, if the prosecution, the court will generally present mediation, mediation fails will sentence, divorce judgment has the same effect, so that the collection of evidence, it is more likely to divorce court. (@Familiar with city)

1353Two, ask: who introduced, get married soon, soon after the marriage, men find women with mental problems, put forward a divorce, the other family did not agree, the hospital certificate, female premarital have mental problems, said marriage is to have mental problems, if you want a divorce to give them20Million, now the woman who always went to his house downtown, is excuse me this marriage can leave you

Answer1Consultation fails, divorce,Can go to court in divorce proceedings. According to the provisions of China's "marriage law" in article thirty-second, the people's court for a divorce standard is both husband and wife feelings that have been broken. The article32The provisions of the third paragraph:"Any of the following circumstances, the mediation fails, divorce shall be granted if: (a) bigamy or a person who has a spouse living together with others; (two) the implementation of family violence or maltreatment, abandonment of family members; (three) there is gambling, drug abuse incorrigible; (four) due to discord is divided in two years; (five) other circumstances lead to the breakdown of marriage."About other cases causing the breakdown of marriage, can refer to the Supreme People's court "about people's court hears a case of divorce to affirm the provisions for some specific opinions" couples that have been broken14In the case of.
According to the Supreme People's court "about people's court hears a case of divorce how that relationship has been broken up some concrete opinions" provisions,"Prenuptial cover mental illness, marriage unhealed after treatment, or know each other before marriage with mental illness and their marriage, or one of the couples living together during the mentally ill, permanently"Feelings that have been broken, as in the14In the circumstances.
2, you can according to their own specific circumstances, according to the appeal law, collect relevant evidence to prove that the couples that have been broken,To go to court in divorce proceedings. On the marital property, the court will hear out of personal property, the joint property of husband and wife to each other after segmentation, how much money is not important, the court is based on facts, is the law as the criterion. (Si Huali, Sina micro-blog@Law-Si Huali.

 

1354Question: what is the man before marriage, buy a house down payment, the names of the two sides, the marriage common owing on the loan, the house how to handle a divorce?

Answer: the property belonging to the joint property of husband and wife, on the principle of average segmentation (Sina micro-blog@Feng Jun)
 

1355Q: my father, was owed works more than one hundred thousand bar, there is a contract, but never to return, already for one or two years, I don't know, my dad did not fine said, I asked my dad if why not contract lawsuit, he said the other very rich, others have relations, litigation no, excuse me this how to do? I am in Sichuan Chengdu

Answer: recommend you first through to the complaints construction way, please help the Coordination Committee, if involved in arrears of wages of migrant workers, construction commission will generally help solve. If the committee is unable to solve, because each other because of contractual relationship in your father works, hundreds of thousands, even if there is a contract, but if the self pay the engineering contract section of more than two years of the date, and can not prove your father to be in arrears, or the other said to pay the arrears, then it may lead to the litigation, prosecution it will lose. Suggest you father ready as soon as possible the relevant evidence, if it has been more than two years, so please as far as possible through recording methods to collect evidence to the other party for the project, to the court as soon as possible, in order to avoid the limitation of action. Because of the other's property, the prosecution can also apply for property preservation, the application for enforcement after winning, to recover arrears. (Du Hongtao, Sina micro-blog@Major case-Du Hongtao.
  

1356Q:, there is another one of my friends home to long-term rental housing has been leased to others, more than ten years, they had a verbal agreement: if the house demolition will give my friend a certain limit, but no written agreement, does the legal provisions on this aspect, such as removing my friend share limit? Thank you very much.

Answer: according to the "state-owned land on the housing levy and Compensation Ordinance" article2The provisions of article:"In the public interest needs, collection unit, individual state-owned land on the housing, should be imposed on the housing ownership (hereinafter called expropriation) fair compensation."Personal housing demolition resettlement compensation shall be the object for home ownership, your friends a long-term rental housing to others, not housing property, therefore, signed compensation agreements should be the landlord, rather than your friends. Although the landlord promised to give your friend a certain limit, because it is a verbal commitment, and nature is equivalent to the gift, the landlord real to your friends before compensation, may revoke the gift.
  If your friend still rented in the removal of the demolition of housing, if the landlord to your friend to provide other housing rental, it need not pay compensation to you friends, but the burden of the cost of relocation. If the landlord in advance to terminate the lease contract, and could not provide for your friend rented housing, should be given certain compensation to you friends, the specific amount shall be determined through negotiation between the. (Du Hongtao, Sina micro-blog@Major case-Du Hongtao.
  

1357, ask: Hello, I want to ask: I have a friend who lent the king a few million yuan in cash, Wang and his wife didn't work but has a fixed source of income, Wang is not in now, so his wife or children have the duty to help him to repay the debt! Thank you.

Answer: the presence of creditor debtor relationship with your friend Wang Mou between the debtor, Wang has died, according to "Inheritance Law" article33The provisions of article: "inheritance shall pay all taxes and debts decedent shall pay in accordance with the law, pay taxes and debts to his real estate value. More than real estate value part, the successor pays voluntarily the limit." If the Wang's wife and children inherited Wang property, you have the right to claim to the Wang's successor idea, Wang's successor should be in the amount of property inheritance, repay your payment. (Du Hongtao, Sina micro-blog@Major case-Du Hongtao.

   

1358, Q: Hello, ask a rural land cases, Liu Yi(Female1940Years passed, abandoned house, Liu had a daughter, marry village gave birth to Liu two. Liu after the death of King House Village with a private possession, after the liberation of the village production brigade oral will house where the land to the king. The descendants of Wang Yi king two one straight so far, more than 60 years has been no dispute, now two prosecution of Wang Er, Liu, Liu head has a second-hand53The county government land property and just Cun Wei Hui certificate issued, please ask the teacher the case Wang Eryou won it possible

Answer: Liu property, was abandoned after his death, and the village of Wang a possession, the fact in the1940Years, according to the provisions of the period of the Republic of China, at the time that the rights of possession, and the heirs of King Liu Er Liu a possession of the fact that the housing has not raised any objections, the king in the law has a right of possession. After the liberation, China conducted a series of land reform, rural land under collective ownership, housing and the residential by the county government the king has two out of the property permits to Liu, Liu Erying as the owner of the house, but Wang Er still live. More than 60 years the two sides have no dispute, the Liu two to heirs of King Wang Er filed a lawsuit by the housing, housing property to register shall prevail, if the local housing authority through the files to find the records of the time, and by the village committee, Liu Ersheng v. the probability is relatively large. But because the house is composed of two practical living king, Liu Er king two out of words, also should give appropriate compensation. If Wang Er was modified or repair of houses, Liu Er will return to the house, should be the necessary expenses for Wang Er to pay compensation. (Du Hongtao, Sina micro-blog@Major case-Du Hongtao.

   

1359Ask: Hello, I, for a company leased4000Square site, only the two sides mailing certificate, they can support the Commission

Answer: in this case, between you and the company is the intermediary contract relationship. The contract is the intermediator reports to the principal the opportunity for concluding a contract or provides media services contract, the client pays the. According to the Several Provisions on evidence in civil litigation "" fifth in a contract dispute case, alleges the establishment and entry into force of the party should bear the burden of proof on the contract and the entry into force of the fact; fifth section second of the contract is performed dispute, should perform obligations by the parties bear the burden of proof. If you want to commission, must be proved in between you and the company contracts and effect; you have fulfilled the obligation of the broker, you both report the opportunity for concluding a contract or provides media services contract.

First, the establishment of effective certificate and contract. Generally speaking, the establishment of the contract is effective, so you only need to prove that the contract can be established. "Contract law" article tenth the parties enter into a contract, written form, oral or other forms. The provisions of the laws, administrative rules and regulations of the written form, shall be made in written form. Agreed by the parties in writing, shall be made in written form. Article eleventh refers to the contract in written form, letter or electronic message (including telegram, telex, fax, electronic data exchange and electronic mail), expressing its contents in a tangible form. "Two" the first party of a contract is established controversial interpretation of contract law, the people's court to determine the names of the parties, subject matter and quantity, shall identify the contract. But the legal provisions or the parties have agreed otherwise. The second party without written or verbal form of contract, but from the civil behavior both in capable of estimating both intended to conclude the contract, the people's court that concluded in contract law is the first paragraph of article tenth in the "other forms" of the contract. Except as otherwise stipulated by law. According to the above provisions that, if you signed a written agreement with the company, you can prove that you set up the contract of brokerage. If you did not sign a written agreement, you must prove that: (a), you and the company set up a verbal agreement, made some contract act of the will; or (two) you and the company had discussed leasing issues, namely the company to rent what kind of house, how much is the rent and other similar matters. You can be proved by phone, mobile phone text messages, e-mail, witness the above facts.

Second, as the intermediary that you have fulfilled the obligations, which provides a lease contract opportunities or provides media services for the conclusion of the lease contract. You said the two sides demonstrated emails. These mail content if you can reflect on their sides to conclude a contract role or you have other evidence: mobile phone text messages, phone, e-mail can prove that you provide intermediary services, you can prove you fulfill the obligation of the broker. The contract is established and proved effective and you have fulfilled the obligation, he may request the other party to pay you a commission. Payment shall be made in accordance with the following provisions. "Contract law" article 426th of the intermediary has facilitated the establishment of the contract, the client shall pay the remuneration in accordance with the contract. Where remuneration to the broker is not agreed or the agreement is not clear, nor can it be determined in accordance with the provisions of this Law Article sixty-first, reasonably determined on the basis of intermediary services. Where the broker provides media services contract to the contract by the parties to the contract, the average burden intermediator remuneration. (Cheng Chen micro-blog: Sina-Cheng Chen.

 

1360, ask: have a half of the old house in the home, the original has been closed without the use of,2002Years the Village United according to proof and the rural collective land use permits. Because of the development, the next uncle suddenly said that half of the house is his, understanding to the family elders,80In the early 1990s when Grandpa separation of the half of the house to the uncle, the uncle and another building, the half room to my dad, but due to various reasons not to enter into a contract, until a few years ago property are not controversial, before2Years may remove said, uncle suddenly laid claim to the book, and now when treated for it, because the elder is not in the home living, almost no go, uncle to repair rental house. Does the house property to2002Years of land identified by80His years of determining whether there is infringement, my uncle?The land certificate has clear Committee documents and stamped with the official seal. Please the teacher to provide legal solutions.

Answer: to the land use right certificate to determine the ownership of the house. You say2002Years the village unified for the use of rural land, if records in the certificate of land use right is your dad's words, it can be proved that half of the house ownership is your father. When the demolition compensation determined by the object is based on the land use right certificate human rights records of the quasi.

Your uncle's acts constitute infringement, your father can owner asked him to remove prejudice, restitution. The uncle in renting your house rent during this period, you have right to claim the return. (a morning Sina micro-blog: Major-Cheng Chen.

 

1361Q: last year, grandpa died home land to house four brothers split and raising grandma, but midway through the second four dropped out, the rest two brothers, the old man has been raised by the eight months after the boss took over this year old, dying in a car accident, left his wife and son, cannot afford the old man, the other brothers put support for the aged, but the house and the land is no three copies, now how to solve?

Answer: first, the land can not be inherited, the house can be inherited. Inheriting the housing, heir may continue to enjoy the housing occupied land in the homestead right of use. If the contracted land, then contract income can be inherited. Heir whether can continue to contract, to negotiate with the employer. Rather than take a succession process, namely the land contract can not be inherited.

Second, "Inheritance Law" the twenty-sixth couples in marital relations obtained during the existence of jointly owned property, except as agreed, if the segmentation heritage, should first half of jointly owned property allotted to the spouses of all, for the rest of the decedent's estate. The house is Grandpa and grandma's joint property of husband and wife, share one half. Therefore, half of the house all to your grandmother, the remaining half of your grandpa heritage was the heir.

Third, if your grandfather without a valid will, the house should be in accordance with the statutory succession process. According to "Inheritance Law", your grandfather first order heir is: your grandmother, four brothers. By the five person inherits half of the house.

In this case, you decided to give the entire house to the four brothers, if your grandmother said agree, can be regarded as your grandma will inherit the house belongs to her half of the grant to your four brothers and gave up half the house belongs to your grandpa heritage.

Fourth, the brothers are inherit your grandpa heritage, and whether to accept the gift of your grandma and whether they support your grandmother without any conditions. The waiver of succession to your grandpa heritage, to give up the gift you grandma can't be don't support your grandmother's reason. The old man is a legal obligation to support children should do.

Fifth, according to you the shows, at present as a heritage house isn't segmentation. According to the "law of succession" twenty-fifth after the opening of succession, the successor who disclaims inheritance shall, before the disposition of the estate, make known his decision. No representation, is deemed to have accepted the inheritance. "Opinions" law of succession50Heritage treatment before or during the proceedings, the heir of the abandon inheritance back out, by the people's court according to the specific reasons for its proposed, to decide whether to admit.

In this case, the second four out of the house before segmentation, can be regarded as the second four abandon inheritance and abandon your grandma a gift. And for the waiver of succession not turning back, to give up to get your grandma's gifts renegue. And turning back succession after they abandon, without the court nullified, namely the first invalid.

Sixth, "opinions" law of succession52. after the opening of succession, succession did not express waiver of succession, and died before the partitioning of the estate, right of inheritance to his lawful heir.

In this case, old not said to give up inheritance, in the housing division before the third death, then the right of inheritance shall be transferred to the legitimate inheritance people, old wife and son is the first order of the heir. Therefore, the third wife and son certainly have the right to obtain housing share 1/2. If the negotiation fails, can sue to the court. (a morning Sina micro-blog: Major-Cheng Chen.

 

1362, Q: I'm pregnant, my fiance ran, disappeared, all the way to contact blacklist me, I can only take the children out, but I need an explanation, I need a breath, our engagement is the relationship from the time he lost will terminate automatically?

Answer: you described not clearly illustrate the state legal relationship now you and your fiance. Therefore, this for you:
  One, if you and your fiance just said engagement and no license, marital relationship is nonexistent, have no legal effect  .  
  Two, if you and your husband husband has said license, whether held wedding, from the legal point of view, you already belong to the relationship between husband and wife. Dissolution of marriage can only be through the following two ways: One is the divorce agreement to Civil Affairs Bureau; two is sued for divorce by the decision of the court to dissolve a marriage. So there is no automatic termination of marriage ". Sina (micro-blog@Feng Jun)
 

1363Q: a river, not from my home village planning of houses3Meters distance, wide8Meters, deep5Meters long320Meters, is obviously not a safe distance from a safe distance, the river house how much? Taizhou province Zhejiang City area has the legal provisions of it

Answer: national and local for channel design specification and design specification more, all are not the same, so need to know you in which city, city design specification query; secondly, design specification is mainly applied to urban or city suburban planning within the region, is generally not suitable for rural areas. Planning is generally need to hold a hearing, the affected residents and representatives of residents belong to the scope of the hearings, but the actual hearing participants not by residents. (Du Hongtao, Sina micro-blog@Wilsonduht)

 

1364Ask: Hello:My parents are in2006When borrowing3Million to one of my cousins, because relatives and so was not agreed what repayment time, symbolic wrote a note, now parents60Many year old, I am also a paralyzed in bed of the disabled, has asked for was agreed borrowing, he has to repay the reason for refusing to repayment to weakness, what should we do?

Answer: according to your response should be the folk loan contract, if the police were not agreed interest, shall be deemed as non payment of interest. Although the other side refused on the grounds of repayment to inability to repay, but add a note to prove the existence of the loan contract.
Should pay attention to whether or not you note that the date of repayment, if the state has the repayment date, have a look whether more than the statutory limitation (2Years). If you exceed the limitation of action, see your narrative is always like each other to demand the payment of the loan, should pay attention to whether there is interruption of limitation in case of litigation limitation (there is evidence to the claims of the other side of borrowing, or the other says it will repay the loan, the limitation of action re calculation).
If not agreed repayment date, can repayment deadline notice to the other party, or can go to court to return the money. Down the sentence, if not within the statutory period to pay the loan, can apply to the court for compulsory execution. (Si Huali, Sina micro-blog@Law-Si Huali.
 

1365Q:, signed supplementary agreement our unit and an engineering supervision company has been lost, how to do it

A: your company and supervision company signed agreement is lost, you can find the supervision company a copy of their to you, with a supervision company. Chapter, or you can to and supervision company to sign an agreement(Lei Fugen,Sina micro-blog Chengdu lawyer Lei Fugen)

 

1366Ask: the individual, introduced a house to decoration, decoration, the owner gave him the money, he took money to run, what the contract agreement between us no, telephone and can not contact! What am I gonna do?

Answer: you as the actual decoration, you can continue to find the house decoration, because you and the owner is the real contract is a contract relationship, you are the actual construction, the owner should be the decoration for you; if you give the introducer has entrusted collection procedures, you can only find references for decoration; if you do not give the intermediate people entrusted collection procedures, the owner has not given the introducer entrusted payment procedures, then the middle one collection disappeared, intermediate people suspected of a crime, the owner can also led authorities to investigate.(Lei Fugen,Sina micro-blog Chengdu lawyer Lei Fugen)

 

1367Eight households, asking,26Years ago in the county side to fill the pool house, confiscated by the government, without a penny of compensation, a few households are not discounted, several other families by the government stamped as office space. This has become the county town, all must transform the demolition. Q: which eight households can legally claim? (from Sina micro-blog)

Answer: you have eight people in26Whether to build houses for years before the relevant legal procedures construction, if not, you can't claim for compensation; if you have the legal procedures, that you had not asked the government to return the file, without asking the government to refund, it can be beyond the limitation of action, you need to return to the small possibility the possibility is small, compensation requirements. (Lei Fugen,Sina micro-blog Chengdu lawyer Lei Fugen)

 

1368Ask: Hello, teacher, I is the company information, company2006Company restructuring, to encourage young people to obtain industry qualification certificate, at that time the company for the young staff2Construction division,O7I made the highway2Building permits, in not and I signed any should practice2The employment contract of construction, the qualification certificate counterfeiting registered in the company name, and persuade me to continue to increase housing construction2Building permits, IO8Years to achieve this status, the company also means the documents registered activation and detain all certification seals, but I work in the company11Years has been engaged in clerk did not rise, to me also to pass9Official card is also free to use company, because the company this year, new shareholders to join, the boss think I8To work, the afternoon5,3OWork is too easy, requires every morning I came half an hour early to clean the office of health, I was overwhelmed, resigned, require the company to refund all my diploma, told my house2Levels are linked to the field site, I let the project responsibility person, I never should have identity to enjoy, salary payment, can bear the responsibility. Excuse me, how can I do? (from major mailbox)

Answer: according to the "Regulations" registered construction division10The provisions of article "registration certificate and practicing seal is a practicing certificate registered architects, registered Construction Division I custody, by using." But in practice, a lot of hanging card phenomenon existing registered architect, for me, there is a huge risk, such as engineering any safety accidents, or quality, engineering progress and other issues, as the person responsible for project, need to undertake the relevant administrative or criminal liability, may be cancellation of certificate, or even criminal responsibility. At present you to the unit to resign, then according to the "Regulations" registered construction division13The provisions of article: "during the registration period, registered construction division change practice unit, shall terminate the labor relationship with the original employing unit, and in accordance with the provisions of article seventh, article eighth for the change of registration, change of registration after the continuation of the original registration period. To apply for change of registration, shall submit the following materials: (a) registered construction division alteration registration application form; (two) registration certificate and practicing seal; (three) signed between the applicant and the new employment contract or a copy of valid documents; (four) work to mobilize proof (and the former employer to terminate the employment contract or the contract expired documents, retirees proof)." Therefore, you can keep the relevant materials to the local provincial construction commission to apply for change of registration, and then to the project construction committee and preserve the evidence you is not the actual project person in charge of the situation, to avoid risks. (Du Hongtao, Sina micro-blog@Wilsonduht)

   

1369,Q: feel shy, I would like to ask, if both men and women not husband and wife relationship, buy a house, real estate certificates can not write the name of two people, if not, the two sides signed the housing agreement, there is no legal effect?

Answer: the property permits to write the names of the two, you are not a couple relationship, belongs to the house owners. Sina (micro-blog@Feng Jun)

   

1370, q:2012Years7Month,One of my relatives have a traffic accident,On a rural road ramp two motorcycles to travel,Our uphill,The other downhill,Both sides collide,When both sides are unconscious driver.After the other relatives, first arrived at the scene,The other driver was sent to the hospital(There is no damage to the scene,We have no evidence,But when the other person present),When our family arrived at the scene,The other has left,At that time I did not to the scene photographed Forensics,Our relatives will be sent to the hospital. At the time of the alarm, but after the heavy rain, police arrived at the scene, the scene has been damaged (I do not know the traffic police on the scene has no photos or other evidence, but we should still helmet fragments, the traffic police is not certified, is now unable to research), after the accident on both sides in the detection of blood, not found drunk driving first, both sides are not on the motorcycle Che Kwun, also did not buy insurance, both sides have a motorcycle driver's license. After police were collision identification third parties on both sides of the accident involved motorcycle, identified by the Party issued identification book. The police only issued a "proof" of road traffic accidents, but did not issue a "traffic accident responsibility confirmation". But because the accident the other did not wear safety helmets, cure has not wake up. But our relatives wear now uneventfully. At that time, because of financial difficulties the other treatment, we advance5Million for treatment of each other. This year, the direction of the court of appeal, in2013Years8Month16Trial. Before the two sides had mediation, the opposing lawyer fees on the basis of compensation requirements of Chengdu City a total of up to standard130Million, we did not accept the. Now I want to ask, if there was not evidence, police also did not issue a "book" that the responsibility of traffic accidents, and if we can find the witness case, how to respond to the respondent, the verdict may be how? Whether the relevant personnel can help me analyse

Answer: first of all, to divide the responsibilities of both parties, if the traffic police not found, can produce the corresponding evidence in court, requesting the court to judge both sides should bear the responsibility to determine the proportion, and then in accordance with the relevant provisions of the compensation. (Beijing city into a law firm, Sina micro-blog@"Legal Aid Center)

 

1371 Ask:I'm a seller electric relatives borrow rural household by household appliances subsidies, has been arrested more than a month, the family had not see very anxious, can you please lawyers? Can't bail?

Answer: according to your statement, if arrested more than a month, the proposal as soon as possible so that we can entrust a lawyer to meet, the maximum guarantee the legitimate rights and interests of your relatives, can bail the lawyers understand the specific situation. After good judgment. (Chen Fucai, Sina micro-blog@Financial SecretaryCFC)

 

1372, q:Hello, ask a woman two months ago to lower abdominal pain in a hospital to do physical examination, the hospital to do aBUltrasound is inflammation of the fallopian tubes, gave on anti-inflammatory drugs and promoting blood circulation and removing blood stasis drugs. During a period of two months, the lower abdomen often pain, to the hospital or doctor insisted before the diagnosis, two months due to the lower abdomen again unbearable pain, went to a hospital, the doctor said is ectopic pregnancy, the child did not, because of severe inflammation, side salpingectomy, I would like to ask a lawyer, this is the medical the accident? The hospital has always insisted on his right, government health departments to kick a ball, we don't know what to do, give guidance, not very grateful!

Answer: according to what you said, should be the first hospital in misdiagnosis and mistreatment, you can ask the medical health bureau of medical accident identification; or you collect all the medical material after the prosecution to the people's court, for the medical fault identification by the court, the first hospital to undertake responsibility. These two kinds of methods in practice second methods of the effect is better, the success rate is high, suggest you take the rights in second ways. (Sina micro-blog Chengdu lawyer Lei Fugen)

 

1373, q:1996The paper points out to mobilize the masses to actively, management and development of 4 barren, so1996I told my Zheng Cun Cun Wei Hui application development wasteland.1998The village public consultation, contract to develop barren wasteland (Gobi), signed a contract. The contents of the contract clearly, to the village collective reengineering desertification, soil replacement tree planting, the village committee investigation, the fragment barren, belonging to the conformity of the barren wasteland non arable land resources development in Gobi, planted forest, woodland, grassland, forest planning, agricultural use. The contract to clear boundaries, and a Gobi map. I would like to consult, in17Years today, in my contract governance is the development of forest range, other people without my permission to run a factory building, which is not a violation of my rights? How am I supposed to adults? Please advice. (in my2005Years away for four years, found in my back, they by the land and Resources Bureau relatives, in my forest range, have set up factories, and handle the land certificate, I be at a loss what to do.2013Years of land and Resources Management Bureau within my scope of forest, and the gas station planning and logistics company, and for the relevant procedures, did not notice me, but without my permission.17Years of hard work to afforestation and forest protection, they should know"Ranger must know bitter felling afforestation, when thinking hard to plant trees"?17Years ago people were afraid to go to the Gobi afforestation,17The Gobi has become the oasis, ecological benefit and obvious social benefit. With the development of the city, once the gally now land prices rise, become you competing xiangbobo, however my interests are infringed frequently.17Years of planting40Million trees, forest right certificate has not been issued)

Answer: according to what you said, first of all to make it clear to you17The legal nature of years ago contracted barren, belong to state-owned land or the village land (China's land belonging to state-owned, village, the villagers all in all group). If it is state-owned land, then17Years ago contracted out to your contract is invalid, the village no package right, planning, land departments can use this piece of land owned by the state according to law, you plant trees and may require the forestry departments give you allowance, bonus; if the village land, then your contract is a valid contract, the land Bureau has no power to award land use warrants, the land bureau should be levied in accordance with the law of the wasteland, pay the relevant fees and expenses can be trees, collective land change into state-owned land, to build housing Award
Land use warrants issued; you can appeal to the government to revoke the Land Bureau, land use warrants, stop building gas stations, factories and so on; if not, you can sue to people court, asked to confirm your contract agreement, cancel the Land Bureau of the land use right certificate request to stop construction, filling stations, factories and so behavior and to compensate you for the loss micro-blog (Sina @Chengdu lawyer Lei Fugen)

 

1374, q:Hello, I want to ask if we are called to the enterprise as a legal person's a week, give us notice that Procuratorate on suspicion of bribery to residential surveillance, but everything our enterprise have corporate decisions to make, but as far as I know, our company has always been the formal business, procuratorate also only infer the suspect, but it's also not give evidence that the US does bribery, but also don't, and so continue, to an enterprise should not operate, want to ask what method can let a marquis examine, or what way to let us come out as soon as possible presided over matters, or we would cause economic losses of our enterprise who is responsible for.

Answer: the surveillance of residence is a kind of coercive measures, according to the relevant provisions: the people's court, people's Procuratorate and the public security organs to comply with the conditions of arrest, in any of the following circumstances of criminal suspects, defendants, to residential surveillance:......Because of the need for the special circumstances of the case or the handling of cases, take measures are more suitable for residential surveillance.

Residential surveillance may specify home residential surveillance, in addition to not notice, should be in the implementation of residential surveillance within twenty-four hours after notification under residential surveillance, the families of the people. The period for residential surveillance shall not exceed6Month.

In this case, do not know you have to apply for change of coercive measures to bail, can close relatives or a lawyer to apply for bail. (Shanghai lawyer Xie Xiangying. Sina micro-blog@Criminal defense recruits Xie Xiangying)

 

1375, q:Hello. I would like to consult! I have been in the job for more than half a year, but also to send me a card bonus money, wages card has not! This money is what influence on me?

Answer: you this thing to do in the law of unjust enrichment, the formation of unjust enrichment. To you the impact is not great but if asked you to return it, you must be returned unconditionally. Otherwise, the other party may bring a civil action for you.

Unjustified enrichment means without legal basis, or later lost legal basis and is recognized as obtained due to loss of interest to others. It is an established fact cannot be protected by the law, improper benefits should be returned to the person who suffered the loss. This kind of rights and obligations is unjust enrichment. Claims of unjust enrichment should return. (Yin Shiyang, Sina micro-blog@White law)

 

1376,Q: my parents divorced more than ten years. I live with my mother, father, during which a penny alimony also did not give, he has married, what's his property is part of me, if he have children of his property also have me,

Answer:1If he did not, will or will not say no to you, so you can and other children his second wife, together with the inheritance.

2The inheritance and maintenance fees, independent, even pay the alimony, you can still inherit. (Jing Hao, Sina micro-blog@King Mu Siyu)

 

1377,EAsk:Hello, I am a student of law students. Today2Month and part-time part-time agreement signed, and promised a month's wages for the month20The number will be issued. But in this month7The month has not paid me6Monthly wages, and has been looking for a variety of reasons of arrears, to today8Month5Has not issued. How can I solve it? How can we get wages. ( Note: because I'm going to educational institutions part-time, so7Didn't work, he doesn't feel the threat to him, and I'm going to ask the company, the company also has a direct close the door.)

Answer: according to what you said, you with your contract and work time proof material (such as colleagues, that work, or often form data) where the enterprise is located directly to the Labor Security Supervision Brigade Complaints Department of labor and social security, to seek help. Sina (micro-blog@Chengdu lawyer Lei Fugen)

 

1378,Ask:Hello, I want to ask is, one day I received a message that won the lottery, I know to be false, holding play of mind according to the message content to fill in information Webpage last me for money will not continue, the results that they called to say my default to tell me, is this bullying?

Answer: there are two practices:

First, this text messages you don't listen to him, unless he is to take the next step;

Second, it actually consisted of telecommunications fraud, you can call110To alarm. (Shanghai lawyer Xie Xiangying. Sina micro-blog@Criminal defense recruits Xie Xiangying)

 

1379, q:Ask, because the work environment was ill, but no occupation disease diagnosis, how to do?

Answer: according to the "Regulations for third workers Yingongfushang illness or medical period":"Enterprise staff due to illness or non work related injury, medical need to stop working, according to one's working life and in this unit work experience, given three months to twenty-four months period of medical treatment:(A)The actual working years less than ten years, in this unit work life of five years for the following three months; five years for six months.(Two)The actual work experience more than ten years, in this unit work life of five years for the following six months; five to ten years is nine months; ten to fifteen years is twelve months; fifteen to twenty years is eighteen months; twenty years twenty-four month."

Shall pay the medical treatment period wages in the period of medical company(The sick pay). Yang Gou.

 

1380, q:Teacher Hello, I'm concerned about your first period how to use the "labor contract law" adults live ask advisory platform, may I ask the teacher I and the company signed a two copy of the labor contract, the first entry of contract2009Years3Month19Day2012Years3Month18Three years of labor contract,2011Years5Month14At the injury occurred, to2012Years3Month18The day when the contract expired, the treatment is not over, do not have injury identification, company again and I signed a2012Years3Month18To2013Years3Month17Days a year labor contract, no treatment at the end of the company many times under the strong demand in the2012Years4Month17Japan industrial identification, work-related injury identification conclusion for level Four, the four work-related injuries reported to the insurance company, as a treatment of inductrial injury insurance notice has been down, I treatment has no end, I have to find the leadership to give me the follow-up treatment were declined, leading the company asked me to receive the treatment of inductrial injury insurance therapy, for treatment of inductrial injury insurance company and I just to account for treatment of inductrial injury insurance by unilaterally terminate my labor relations, clear stipulation in the signed two contracts, because of injury or occupation disease, after the relevant labor ability appraisal department partial loss or total loss of ability to work, the company shall not rescind or terminate this contract, may I ask the teacher I like this company can unilaterally terminate the labor relationship?Whether the violation of the labor contract law. Ask the teacher for advice. Thank you.

Answer: according to the "labor contract law" article forty-second: workers in any of the following circumstances, the employer may not terminate the labor contract in accordance with the provisions of law fortieth, article forty-first:(Two)In this unit with occupation disease or injury at work was to confirm the loss or partial loss of ability to work.

According to the "industrial and commercial insurance regulations" thirty-third article of workers from an accident or suffers from occupation disease need to suspend work accepting inductrial injury medical work, in the suspension with pay during the period, the original wage benefits unchanged, from where the unit paid monthly.

Shutdown leaves firewood period of not more than the general12Month. Serious injury or exceptional circumstances, the confirmation of the Municipal Committee of labor ability appraisal districts, may be appropriately extended, but the extension shall not exceed12Month. Injured workers disability rating assessed, stop hair primary treatment, enjoy the disability treatment in accordance with the provisions of this chapter. Workers in the suspension with pay after the expiration of the treatment still continue to enjoy medical treatment of work-related injuries.

Life can not take care of the injury lay off workers pay period in need of care, from where the unit is responsible for.

Article thirty-fifth of workers suffering from work-related disability were identified as a level to the four level disability, retain the labor relations, quitting their jobs, enjoy the following benefits:

(a) from the work-related injury insurance fund to pay a one-time grants for the disabled, according to disability level standards: four for the disabled for21Months of my wages;

(two) pay disability benefits from the work injury insurance fund on a monthly basis, standards for the disabled for four of my wages75%. The actual amount of the disability allowance is lower than the local minimum wage standard, by inductrial injury insurance fund to make up the difference;

(three) workers reach retirement age for retirement and procedures, disability allowance stopped, enjoy treatment of primary endowment insurance in accordance with the relevant provisions of the state. The basic old-age insurance benefits are lower than the disability subsidy, by inductrial injury insurance fund to make up the difference.

Workers suffering from work-related disability were identified as a level to the four level of disability, the employer and the employees to the disability allowance for the base, to pay the basic medical insurance premium.

So your company unilaterally terminate the labor relationship is illegal. If your company SLR lift your labor relations, you can collect relevant evidence, filed an arbitration to the arbitration agency, protect your rights. Wang Xixi.

 

1381, q:I am cantonese. Hello. I am a town in a certain village villagers. Probably a few months ago, there was a village next door who watch the river in our village, so he began pumping sand. The villagers saw that he would destroy the local environment, so called him to stop pumping sand. But he did not agree, so the two sides entangled for a long time, the entanglement in the process, he produced sand proof of the local environmental protection bureau deputy director general to write. The villagers fought back, as he and the deputy director of collusion. The villagers fought, things to quell. But until a few days ago, they began pumping sand, so the villagers revolt. But there are many police arrived in our village catch those who oppose the sand people, also caught3People in prison, just started not to let relatives to visit, later learned that3People were playing, was beaten in prison. Things become, how to solve? We agree that it is the collusion between the government and the villagers, their approach is not illegal? They also said that: as long as I live a day will keep the sand pumping light! The river has been the village near the river, there are a few households. Now the river sand was constantly away, river area is enlarged, the riverbed deepening, must have some damage to the local environment. Now the villagers of complaints, but no help, complaints repeatedly to the relevant departments, no one care, repeatedly refuted back. Now I urge social legal person to give us some tips, the village will be grateful!

Answer: because the material relates to the multi-layer legal relationship, and some specific facts need to be further verified, only limited material are discussed as follows:
One, to clear the ownership of the right question, namely in the material are infringement object ownership. Sand pumping locations Is it right? Belongs to the consultant village?
Two, according to the relevant laws and regulations, engaged in activities of sand excavation should first apply for mining permits, from the problem of materials known, next door to the village people and not sand mining permits, the sand acts obviously illegal, insiders can report to the local river management and its superior competent department.
Three, the local environmental protection bureau deputy director general to write"Sand proof"What is what? Whether to have the force of law? If this"Pumping sand proof"The act of breach of privilege was confirmed, which can report the violation to the higher authorities or departments, it shall be investigated for legal responsibility.
Three, in the next village people illegal sand pump, called the many complaints to the relevant government departments, whether the relevant written materials, what is the case of complaints?If the administration does not exist as a local water conservancy bureau in the event the process? If there are, can be accused of malfeasance to higher authorities or to the courts, shall be investigated for legal responsibility is mainly responsible for the.
Four, just caught (administrative detention or criminal detention), people may be in jail or detention, is not sent to prison. We must make clear what the name of public security to arrest? Take what measures? Of course, in the police beating against the sand people and other illegal activities be able to sue the public security supervision department or procuratorial organs (Yu Shijun, Sina micro-blog@Yu bar)  

 

1382, Q: I am a salesman, due to the recent company lowered our royalty salary, I want to resign, but the company every month for our royalty salary20% as a year-end appraisal, excuse me, if I resign, whether this part of reservation wages to get, company this practice is legal? Another company to sign labor contracts with us, and did not give us a, is not in violation of the labor law, may I left on their own? Thank you

Answer:1Reserved for royalty, essence is not full payment of remuneration, corporate practices are illegal.

2If the unit is not willing to, royalty, you can to the labor administrative department complaint report back to the Commission, which is the fastest way to.

3However, if the labor department, you can go to the labor dispute arbitration institution for arbitration.

4, didn't give you a contract in violation of the labor contract law, but no practical significance, not for money, can only request the labor department ordered the unit to give the contract to you, unless you do not give you the contract losses, but it is very troublesome, so there is no practical significance.

5You can consult, and resignation. If the negotiation fails, to inform the unit thirty days in advance, in written form, can be left on their own. Jing Hao,Sina micro-blog@King Mu Siyu)

 

1383, q:The company require employees to sign training agreement, do not work for one year is payable to the company the cost of training, time and evaluation stages in the company in a certain fraction results to a fine of staff, ask the staff how adults? Want to make a statement

Answer: the "labor contract law" twenty-second employers provide special training expenses, the professional technical training, it may conclude an agreement with the laborer, the agreed period of service.

If the employee breaches the agreement on the term of service, he shall pay liquidated damages to the employer in accordance with the contract. The amount of damages may not exceed the training expenses paid by the employer. The employer requires the employee to pay liquidated damages shall not exceed the service allocable to the unperformed portion of the training expenses. The agreed period of service unit and a laborer, does not affect the workers during the service period to improve labor remuneration according to the normal wage adjustment mechanism. The company is the actual cost of training, with no training expenses of special expenditure? If only the company's general staff training is not required to pay to the company the training fee.

    As for the examination unqualified deduct money, belongs to the company internal management issues. Pay for the basic wage+ management allowance, that is to say the basic wage is definitely on the local minimum wage set, management allowance is like the form of bonus, the company has standard deduction is legal. Tan Zhongpeng.

 

1384Ask:I found our house property card is to write the land is state-owned, Is it right? Means that if countries suddenly one day to recover the house we could not resist? The time to buy a house as if from developers to buy commercial housing

Answer: our country land is state-owned, commercial housing is a70Years of land use rights, that is to say you bought the house did not buy the land ownership but70Years of tenure. But your concerns estimation of worry, the current policy is: after the expiry of land leasing, and then continue to have the right to use the land, it is right time increases to70Years. However, the construction of our country is fast, yet there is little or no room to live in70Years without demolition, so you need not worry, even after policy changes. (Shanghai lawyer Xie Xiangying. Sina micro-blog@Criminal defense recruits Xie Xiangying)

 

1385, q:Hello, I buy farmers from the housing3Years (the sale of second-hand housing, the Housing Authority registration) belongs to the type of residential, but the tax notice of print shop type,1.These two types are taxes differ?2.What is the notice of tax base?3.Our tax items of land value-added tax, stamp tax, business tax, city maintenance and construction tax, education tax, local education surcharge, the business tax and land value-added tax amount are the same is how to explain?

Answer: at present, China's second-hand housing transaction tax category, mainly divided into the business tax and additional tax (including the city maintenance and construction tax, surcharge for education, local education surcharge), personal income tax, land value-added tax, stamp tax, deed tax, a total of eight. One of the common and the amount is larger for the business tax, personal income tax, deed tax.

According to the Ministry of Finance and the State Administration of Taxation2011Years "on the business tax policy adjustment individual housing transfer notice"(Finance and tax[2011]12No.)Notice, individuals will purchase less than5Years of housing foreign sales, a full collection of business tax. Because the seller to buy a house only three years, so the business tax and housing the exchange shall pay to it doesn't matter type of residential or retail types, because both are to "price commercial housing sales contracts," the amount recorded on the base, the full payment of sales tax. The deed is you as a new property owners need to pay tax, if you purchased your first set of ordinary housing, deed tax in accordance with the contract price1.5%Halved. In other cases, according to the deed tax3%Levy. So, how much is the deed tax, and the houses belonging to the residential class relations, also has a relationship with the real circumstances of your personal. The sale of housing by income belongs to the transfer of property income, personal income tax rate of20%("personal income tax law" article third), the tax base for the reasonable costs of contract price minus the purchase. If you cannot find out the reasonable expenses, in accordance with the contract price1%-3%The approved levy (State Administration of Taxation "notice" the transfer of individual housing levy personal income tax issues related to tax[2006]108No. third). So the tax rate of personal income tax and the house whether for residential or it doesn't matter. According to the Ministry of finance, the State Administration of Taxation "on the adjustment of the real estate transaction tax policy notice" Taxation[2008]137Number, sale or purchase of individual housing waiver of stamp tax and land value-added tax. By the State Administration of Taxation on its website (link consulting reply:    Http://www.chinatax.gov.cn/n8136506/n8136563/n8136874/n8137351/10659174.htmlD.),"How to judge the personal sales of housing types, housing ownership certificates should be mainly based on the recorded registration type determination. For business premises registration for residential type, should according to judge, not subject to the provisions."

The transfer of housing is the sale of immovable properties, need to pay business tax for the contract price5%(the "Interim Regulations on business tax" of second). And the State Council's "land value-added tax provisional regulations" provisions of the four grade progressive tax rate, the tax base is the land value-added, is the contract price minus the deductible amount of provisions of the interim regulations. But the individual transfer of real estate, land value-added is often no bills to prove, so often used is the approved levy, the tax base is the contract price. The rate of land value-added tax levy approved by the provincial tax bureau to determine the present, you on the land value added tax amount of doubt, it is recommended that you consult your local taxation departments, ask your current land value-added tax and tax rate. (Wang Ying, Sina micro-blog@I want candy2012)

 

1386, q:Consult a lawyer, my father before doing business with his cousin borrowed10Million yuan. Write IOUs, and real estate certificate to him. IOU content did not specify to whom the loan. Also does not indicate the is to take a mortgage, because the business is not too good, turnover is difficult this year, his cousin sue to the court. But not his cousin I prosecution, but his cousin's wife Sue, problem1Not creditors prosecution, is this legal? The problem2He was sued after freezing my father's wages card, also froze our property, because my father when he was young sick for Bingtui, now there is no source of livelihood, the business is not done. Each month, so only a little wage income. How to apply for thawing the salary card,3We are a family of three under the name of this not to50Square house, no other property, because owe money, we can't stay at home. Now live with relatives, is the only real estate but more than a year without people live would be enforced?

Answer: the problem1According to the "marriage law" article17Provisions, general in the marital relationship continues to exist for the property of the joint property of husband and wife, your father's cousin to your father10Yuan is the joint property of husband and wife, your father's cousin has also belong to the couple shared. And "the Supreme People's Court on the application of the" PRC Civil Procedure Law "suggestions" fifty-sixth regulations"A total of property rights have been infringed, some person has the right to sue, the other co owners shall be listed as the CO litigants."That is to say the wife's cousin has the right of prosecution.

The problem2: according to the "Civil Procedure Law" article108The provisions:"The parties to accept the ruling of the preservation or execution, may apply for reconsideration once. Order shall not be suspended during the period of reconsideration execution"Father, you can apply to the court for reconsideration, and if the reconsideration application was rejected, according to the "Civil Procedure Law" article104The provisions:"Property disputes, by the applicant to provide a guarantee, the people's court shall rule to cancel the preservation,"By your father to provide guarantee for the court to terminate the preservation.

The problem3: according to the "Supreme People's Court on the civilian implementation of attachment, seizure, freezing property of" article5The provisions:"The people's court to freeze the executed the following property shall not be seized, seizure:(A)The person and their family life are essential to support clothes, furniture, cookware, tableware and other families living necessary items(Two)The person and their families living expenses dependency necessary. Local minimum living standard, the necessary living expenses shall be determined in accordance with the standard(Three)The enforcee and his family members to complete the necessary compulsory education articles(Four)Undisclosed inventions or unpublished works(Five)Auxiliary tools, medical items the enforcee and his family members required for physical defect(Six)The execution of the medal and other honors in recognition of objects,"The housing is the only housing you, can apply to the court for compulsory execution shall not be. (Huang Sainan, Sina micro-blog@Small Yao small and stay)

 

1387, q:Hello, I want to ask for something, I will in this case is told to the court, the court shall not be dealt with first, after six months of investigation and evidence collection without trial, now has over the past year, the court is not my case, what should I do?

Answer: you can take the court according to the time limit for treatment,You can pass to the court of the Discipline Inspection Commission complaint handling personnel,Requirements in accordance with the law for the;Or you can complain to the people's Procuratorate,To request the people's Procuratorate supervision according to law court according to law.(

Sina micro-blog Chengdu lawyer Lei Fugen)

 

1388, q:Not long ago,At the crossroads hit a car,Drivers and passengers a total of three people.At present,All three have been discharged from the hospital.Seriously injured facial injuries,May need surgery.
My vehicle detection of normal,I don't drink,The alcohol test,Electric vehicle was identified as motor vehicles,Have been scrapped.
Total medical fee4Million,Repair costs1Million,Police in no monitoring is not judge responsibility(Is the actual vehicle running the red light)
This matter should be how to legally binding manner.

Answer: according to the condition that you say,Should be resolved by the court,The electric car owners should sue you and\The driver,To judge you and electric car owners according to the two sides of the fault\The driver should bear the responsibility(Including the medical expenses\Delay costs\Disability compensation\Plastic surgery\The cost of living dependency),You should bear compensation responsibility can you buy compulsory insurance and commercial third party to solve.Sina (micro-blog@Chengdu lawyer Lei Fugen)

 

1389, q:Hello, I this year went to a private press work, after a period of time, let me do the legal representative, said that the press and publication administration provisions of this legal representative of the company have issued certificate, this is me, I will go to the industrial and commercial bureau change of registration, the legal representative, the problem is I found our company in order to get orders for schools, Xinhua Bookstore, and Education Bureau to give rebate, I will help you, if there have the exemption method?

Answer: I think there is a certain risk, only from the unit crime and punishment, the legal representative or principal responsible person. Your company give rebate is a typical crime of unit bribery, then unless you prove that you have not participated in and doesn't know, or you need to bear the corresponding legal responsibility. (Shanghai lawyer Xie Xiangying. Sina micro-blog@Criminal defense recruits Xie Xiangying)

 

1390, asked: Xu Hello: my problem1.The state farm workers because of government land acquisition laid-off`The ability to obtain, land acquisition compensation standards, how to calculate?2.I think that the compensation for landless farm not issued unemployment and continued to adhere to deny the government buildings from the farm to buy of housing reform of the housing, the demolition into stalemate. Next, can apply for labor arbitration claim the compensation?3.By means of the levy down reason program injustice as suspension of limitation of labor arbitration is in conformity with the law?

Answer: the state farm land expropriation compensation, according to the "Ministry of land and resources, the Ministry of agriculture on the strengthening of state-owned farm land use management advice," the provisions of article third "standard state-owned farm to recover land use rights behavior: because of the need to recover the land of state-owned farm economic development of the country or the local public welfare construction, the need for agricultural land switch to the examination and approval procedures in accordance with the law, and the compensated reference standard of compensation expropriation of peasant collective land; the need to recover the state-owned farm construction land, expropriation compensation according to rural collective construction land compensation standards, safeguard the livelihood of farm workers....... According to the law to recover the use right of state-owned land, should pay economic compensation. Economic compensation according to the standard of compensation expropriation of peasant collective land calculation, and arrange corresponding social security costs. State owned farm was recovered and do not have the basic conditions of landless workers resettlement by land, all should be lost workers into local urban workers re employment system."

    On the standard of compensation, according to the "land management law" article47The provisions of article, including land compensation, resettlement grants and ground attachments and young crops compensation fee. This part of the cost of state farm, the land belongs to the state owned land, the land compensation fees amount to the largest general farm all, generally will not be allocated to the workers. The ground attachments and young crops fees according to the general by the farm issued to the actual lessee. The resettlement fees for land acquisition staff social security costs, the resettlement compensation scheme, the acquisition will solicit the opinions of the trade union or all the workers, implementation of the resettlement scheme according to all employees or unions, specific to individual workers is determined by the proposal, if not the program, you can request a certificate. Some places will support the resettlement compensation paid to employees.

    If the units for resettlement compensation you that you are not satisfied, you can initiate an arbitration to the labor arbitration organ. As for the removal of your housing is another legal relationship, has little to do with this.

    Prescription of labor arbitration is generally one year, time during the arbitration, the party knows or should know their rights are infringed calculation date. But if you have evidence to prove that the farm resettlement program is not valid, or your request to farm farm settlement, or to the labor department request right relief, or farm agreed to solve the problem for you, can lead to interruption of prescription. (Du Hongtao, Sina micro-blog@Wilsonduht)

 

1391Ask: Hello, now, consult a problem. My brother in2012In Anhui and Anqing together with others, burglary, after the incident is wanted, because of his associates with me throughout the time period in the old the first generation ID cards registration, result I wanted. The same year5Month, I was the police to check the identity cards in the back way, is when the wanted criminal detention7Day. Anqing was the local police back to Anqing, after the case has been revoked. Later, my brother was arrested and convicted. Last month I was on the train were to check the identity cards, the police asked me2012The case, told a before the cases I identity information on the record, remind me can find the officer to delete the record. So I call Anqing police officer, the officer told me record cannot be deleted.

So your advice, I was mistakenly arrested, also issued a case of revocation certificate, identity information on why there will be cases recorded? This record would tell me what adverse effects in the future? Can I delete the record through what channels?

Answer: records shall be revoked, if the police don't as, can bring an administrative lawsuit to the court, requesting revocation of the record. (Zhiqiu guest, Sina micro-blog@Major Zhiqiu guest)

 

1392Q: my wife and I, long-term separation and divorce negotiations, this year4Month signed the divorce agreement, but she has been dragging not to divorce and division of property procedures, how should I do? The agreement she owed debts belong to common debt? I am in Inner Mongolia Hohhot City

Answer: according to the provisions of article couples divorce agreement to divorce requirements issued by the Ministry of civil affairs "Marriage Registration Interim specification" forty-eighth parties to the marriage registration office to apply. Now if the other party has been dragging not to divorce and division of property procedures. So you'd better take the way of divorce proceedings, the court in the place where the defendant has his domicile to prosecute, or file for divorce in the courts in the location of the residence for more than one year. Before the two sides signed a divorce agreement can be as evidence for the prosecution to prove:1Both sides agreed to divorce, husband and wife:2On the division of property, the couple agreed. (Changsha aid Yang Zhi)

 

1393Ask: Hello, a tenant48Years old, old house rental in my home for two or three years, but the past six months, from time to time to seizures, damage to their own rental housing outside the house, and even throw gas bottles of malignant events, a great impact on the surrounding human security, we repeatedly alarm and notification street, also was brought into the house several times they all said, can be very weak, with no feasible way, now he is like a time bomb stealth bomber, what should we do?

Answer: a proposal to the lessee damaged houses and in the rental housing within the dangerous behavior, that street, neighborhood committees, collection, to the court, for the lifting of the lease contract. (Du Hongtao, Sina micro-blog@Wilsonduht)

  

1394Ask: Hello, I, is a enterprise employees, being anonymous email form100Many people email to colleagues rumormongering slander me, I report to the police station has a month, but police estimated no investigation, how should I do?

Answer: recommend you directly to the police station to reflect the responsible person, if still not investigation, can complain to the police department. (Du Hongtao, Sina micro-blog@Wilsonduht)

 

1395Ask: Hello, teacher, I am concerned about your first issue of how to use the "labor contract law" adults live ask advisory platform, may I ask the teacher I and the company signed a two copy of the labor contract, the first entry of contract2009Years3Month19Day2012Years3Month18Three years of labor contract,2011Years5Month14At the injury occurred, to2012Years3Month18The day when the contract expired, the treatment is not over, do not have injury identification, company again and I signed a2012Years3Month18To2013Years3Month17Days a year labor contract, no treatment at the end of the company many times under the strong demand in the2012Years4Month17Japan industrial identification, work-related injury identification conclusion for level Four, the four work-related injuries reported to the insurance company, as a treatment of inductrial injury insurance notice has been down, I treatment has no end, I have to find the leadership to give me the follow-up treatment were declined, leading the company asked me to receive the treatment of inductrial injury insurance therapy, for treatment of inductrial injury insurance company and I just to account for treatment of inductrial injury insurance by unilaterally terminate my labor relations, clear stipulation in the signed two contracts, because of injury or occupation disease, after the relevant labor ability appraisal department partial loss or total loss of ability to work, the company shall not rescind or terminate this contract, may I ask the teacher I like this company can unilaterally terminate the labor relationship?Whether the violation of the labor contract law. Ask the teacher for advice. Thank you.

Answer: according to the "labor contract law" article forty-second: workers in any of the following circumstances, the employer may not terminate the labor contract in accordance with the provisions of law fortieth, article forty-first:(Two)In this unit with occupation disease or injury at work was to confirm the loss or partial loss of ability to work. Your company this is against the labor contract law.

According to the "industrial and commercial insurance regulations" thirty-third article of workers from an accident or suffers from occupation disease need to suspend work accepting inductrial injury medical work, in the suspension with pay during the period, the original wage benefits unchanged, from where the unit paid monthly.

 Shutdown leaves firewood period of not more than the general12Month. Serious injury or exceptional circumstances, the confirmation of the Municipal Committee of labor ability appraisal districts, may be appropriately extended, but the extension shall not exceed12Month. Injured workers disability rating assessed, stop hair primary treatment, enjoy the disability treatment in accordance with the provisions of this chapter. Workers in the suspension with pay after the expiration of the treatment still continue to enjoy medical treatment of work-related injuries.

 Life can not take care of the injury lay off workers pay period in need of care, from where the unit is responsible for.

Article thirty-fifth of workers suffering from work-related disability were identified as a level to the four level disability, retain the labor relations, quitting their jobs, enjoy the following benefits:

 (a) from the work-related injury insurance fund to pay a one-time grants for the disabled, according to disability level standards: four for the disabled for21Months of my wages;

 (two) pay disability benefits from the work injury insurance fund on a monthly basis, standards for the disabled for four of my wages75%. The actual amount of the disability allowance is lower than the local minimum wage standard, by inductrial injury insurance fund to make up the difference;

 (three) workers reach retirement age for retirement and procedures, disability allowance stopped, enjoy treatment of primary endowment insurance in accordance with the relevant provisions of the state. The basic old-age insurance benefits are lower than the disability subsidy, by inductrial injury insurance fund to make up the difference.

 Workers suffering from work-related disability were identified as a level to the four level of disability, the employer and the employees to the disability allowance for the base, to pay the basic medical insurance premium.

So your company unilaterally terminate the labor contract is illegal. If you communicate with the company requested to continue to perform the contract fail, may apply to the arbitration agency filed an arbitration request the company to continue to perform the contract or compensation for losses. (assistant lawyer Wang Xixi)

 

1396Q: how does a thing. I was this year's graduates,2012Years3Month20Day with. A friend partnership disk under a window in a Hunan school, transfer fees, a total of ninety-eight thousand dollars, over a year after the regular rent, the property company to all merchants have no appearance rent contract does not sign the contract with us, thought it doesn't matter much didn't put in the mind. Do not for one year, the property company looking for every excuse to not let us continue to operate, transfer of business to also be no good, let us how to rent are not used, the facade has been empty for fast4Months, the property now we should clean up the facade of the things get out, don't let our clinging, we did not sign a contract. I would like to ask, students start their own businesses how encounter such black heart developers, how can we protect the legitimate rights and interests of our?? Hunan Hengyang

Answer: you have not signed the shop transfer, lease and property companies, but in fact you have delivered the transfer fees, rent, and has been leased for a period of time. According to the "contract law"36Article, you have to fulfill the delivery shop transfer fee and rent obligations, property companies have actually received, it should be that the shop transfer and lease contracts have been established and effective. Property companies currently violated your rights. Suggest you take payment vouchers, and the shops owners (such as school) direct consultations, no consensus, collect payment vouchers, property companies forced to clean your shops evidence, the prosecution to the court, on the grounds of breach of contract requirements to property companies, property companies pay for you, also for property companies to continue the performance of the contract. (Du Hongtao, Sina micro-blog@Wilsonduht)

   

1397Q:, ask a question, I have an acquaintance of relatives and husband to the divorce agreement, they write the property division agreement, husband's house all his wife, if the transfer procedures, is directly with the agreement to bureau of civil affairs or get a divorce certificate to do? In addition to the real system's parents purchased, the owner for the man, if his parents had not given it to investment, and come up with the parents and the child signed agreement, says parents have common rights, deny property division agreement, whether there is a legal basis? Thank you

Answer: Both husband and wife divorce, and the division of property and other issues answer:

    The couple reached a divorce agreement, you must apply for divorce registration departments of civil affairs, can hold the certificate of divorce, the divorce agreement, the housing property permits, identity certificate and other documents to the housing sector for the transfer of real estate.

    As for the problem of investment of the property, according to the "marriage law" article two22Stipulates that: "the parties before marriage, both parents financed the purchase housing, the money shall be determined as a personal gift of their children, but parents expressed both except gift. If after marriage, both parents financed the purchase housing, the expense should be recognized as a gift to the couple, but parents expressed as a gift one exception." Whether it is before the purchase or after purchase, even if their parents funded, but as long as the registration in the husband's name, should also be counted as a gift from their parents, and parents independent division of property. But needs attention, both sides signed the agreement on the partitioning of property for the divorce, but divorce registration, one party goes back on his word, the agreement will generally be found invalid. (Du Hongtao, Sina micro-blog@Wilsonduht)

   

1398Ask: Hello,Ask a question and you,I was in Inner Mongolia2011In my city,From the building to the public to build capped-price housing on behalf of the government,We pay25Million to35Million dollars,But have not signed the purchase contract with the Real Estate Company. After the Housing Authority unified to the provident fund,At that time we also signed. But the fund did not pay to us,Guotufangguan answer is government unified payment. I would like to advice is,In the absence of the purchase contract case,The Housing Authority lending provident fund regulatory compliance?I don't know where my loan fund to now,Got no Real Estate Company,Advisory Bureau always refuse,Now I want to stop owing on the loan,What will be the consequences?

Answer: first of all, the provident fund loans will not be paid to individuals, but direct payment to the seller (developers). The purchase contract is a contract, loan contract from the contract, the contract is with the main contract exists for the premise of the establishment of the contract, the great and its effect directly affects the establishment and effectiveness of contract. If you want to stop owing on the loan, advocate the invalid contract can. (Zhiqiu guest, Sina micro-blog@Major Zhiqiu guest)

 

1399Ask: Hello! I would like to ask the idle land disposal of the right to notice what is the nature of the file? If I not exercise their rights in accordance with the relevant provisions, what would be the consequences? The decision is received back? This period will be long? Thank you, looking forward to your reply!

Answer: right to hearing notice is to inform procedure involves a significant penalty of administrative punishment right, namely the right to tell you something, for example you can argue, argue, find out the reasons for exemption, suggests you don't agree with the justification of punishment, you should take full advantage of adults with hearing procedure, state your reason; if you do not exercise your hearing the right to defend themselves, will you give up the right to defend themselves as a party, does not affect the administrative punishment administrative department; this does not equate to recover idle land decision; the hearing procedure time is not long, generally not more than a month, the specific time to the hearing rights notice to quasi. (Lei Fugen, Sina micro-blog@Chengdu lawyer Lei Fugen)

   

1400Ask: Hello, traffic accident3Month to no field proven, the traffic police did not survey records, not the perpetrators do any punishment, drive leave, lost contact with the police, complaints, a year after the traffic police and accidents, motor vehicle fails to turn, did not yield to the pedestrians, the main responsibility. To ensure the safety of pedestrians without responsibility, time. The review did not change, the year result, maintain, let to get results, but still not identified, how to do?

Answer: can directly bring a lawsuit to the court. (Zhiqiu guest, Sina micro-blog@Major Zhiqiu guest)

 

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