Xu Xin: for a long time, received a large number of legal advice and help, unable to answer all of or concern. After careful consideration, the establishment of the platform. At present, the legal professional volunteer has begun to take shape, to provide free legal advice to the public, and according to the specific circumstances, to provide legal aid to have serious difficulties in the weak obligation.

The consultant, please add Micro message: mycase/ cases, or scan the two-dimensional code

This is the answer of 1161st to 1200th legal consultation  

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

 

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:

 

1161, q:Teacher Xu, can ask you a question? On probation on wages. I work in a company for four months, they are the probation period is three months, that is to buckle three months ago10%, fourth months after the back. Too busy because of work, I have not had time to sign a contract after probation, fourth months is not done. And now the company is equivalent to buckle me four months10% wages do not give, they do so reasonable?

Answer: according to the "labor contract law" article twentieth, probation salary shall not be lower than the minimum wages for the same post or the labor contract to pay eighty percent, and may not be lower than the minimum wage standard location of the employer. If your labor contract probation salary amount, then it should be paid on time and in full, the unit to withhold is not legitimate. Units in the monthly wage garnishment your probation period10%Promise, back to the end of the probationary period, you are now working to resign four months, the unit should be for you to back the part of salary. Suggest you to collect relevant evidence, such as the company about probation wage garnishment reissue of the labor contract, the internal regulations, asking for back pay, such as unit shall not reissue, you can reflect to the labor supervision departments, or labor arbitration filed. (Du Hongtao, Sina micro-blog@Major case-Du Hongtao.

1162, Q: didn't sign the purchase contract, the launch has been postponed for no reason, how to do?

Answer:1If you make the purchase, according to the agreement, have the relevant agreement, then according to the provisions of relevant laws and judicial interpretations, commercial housing subscription, reservation protocol, with the "sales of commercial property management approach" article16The main content of the provisions of the sale of commercial housing contract, and the seller has received the purchase in accordance with the contract, the agreement should be identified as commercial housing sales contracts. This situation appears to delay the launch, according to the relevant laws and regulations require developers to pay liquidated damages.
2, but not as long as the extension sought developers should bear the responsibility of default, if you don't force majeure factors, developers can be used as a defense he extension sought exemption reason.
3If, without any relevant agreement between you and the developers, we recommend that you first before the developers made a commitment to collect evidence, to pursue the responsibility of breach of contract, and timely complement signed commercial housing contract. Sina (micro-blog@Feng Jun)

 

1163Ask: Hello, lawyer, soldier (NCO) period in the army, had schizophrenia, troops to disability, prepared in advance to the sergeant. The sergeant, can force compensation in cash? If you can pay much money?

Answer: according to the "Ministry of civil affairs, the General Staff Department on notice" insane conscripts and junior noncommissioned officer retired related problems over the job placement, the service period psychotic conscripts and junior officers, after the expiration of the period for medical evaluation1To6Grade levels of disability, planned transfer. According to the "Regulations" the treatment for servicemen23Regulation: "because of the war, who is disabled, disability rating was assigned to a level to level ten, enjoy pension; sickness disability, disability rating was assigned to a level to level six, enjoy pension." first the soldiers must meet due to disability was assessed as a level to the six level, only for the. According to the provisions of article26The provisions of article, demobilized disabled soldiers, in accordance with the grade of disability disability pension. Disability benefits from the Civil Affairs Department of the people's government at the county level to. Therefore, such as the change from active service army officers, not responsible for the payment of pensions, the civil affairs departments at the county level shall be responsible for the issuance of. Specific standards for pensions, civil affairs departments annually10A month of adjustment. The current pension standard2012Year, due to disability pension every standard specific for: a:35540, level two:31310, level three:26510. Level four;20480, level five:15660, level six:12050In addition, the pension, according to the provisions of the notice, disabled soldiers handed over to local authorities, in accordance with the "Regulations" provisions of treatment for servicemen enjoy pensions and preferential treatments, the central finance1To4Disabled housing subsidy funds, can one-time send soldiers guardian. (Du Hongtao, Sina micro-blog@Major case-Du Hongtao.

 

1164Ask: Hello, excuse me, brother in jail, now he and his wife want to divorce, how do the procedures? A child of four years old has been my parents, her mother in the he went to the field, the children after the divorce also continue to let my parents custody, the custody of the how to do?

Answer:1In prison, a party, also can divorce, specifically in two ways: first, the divorce agreement. Both husband and wife in accordance with the provisions of the divorce agreement signed written, and then to the inmates of the location of the civil affairs authorities for registration of divorce can be. But the need to pay attention to the civil authority, all requirements are different, some are just issued the divorce agreement and prison divorce agreement signed a voluntary certification and prison staff ID can divorce registration, also need some prisoners in person, if the need to personally present, to be escorted by the prison. Some of it is the civil affairs departments to the prison to handle, preferably prior consultation served to prison and the civil affairs department. Second, divorce proceedings, which is usually the way prisoners divorce, can be charged in the seat of the court, the court will indictment served serving side, and let him sign. If the sentence one party does not agree to sign, courts usually went to the prison to the court. Then judgment.

2, as for the problem of custody, both sides can negotiate decisions. If the negotiation fails, the court in divorce proceedings will benefit from physical and mental health of children, to protect the legitimate rights and interests of children, judgment. Because the man in prison, and did not support conditions, the judgment of the court by the prison staff to raise the possibility of relatively small. (Du Hongtao, Sina micro-blog@Major case-Du Hongtao.

 

1165Q: so, is my thing, I say, before the work unit headquarters in Jilin, set up offices in Qingdao, I work in the Qingdao office, a probationary period of two months, I was manager for two months and offices did say no to resign! But the office manager didn't and said that the headquarters, headquarters and gave me a month to pay wages, wages I opened to office manager! If after the headquarters know me what problems will arise, there has been no labor contract

Answer: the office manager not to report to your resignation information to the company, which took the company issued to your salary, you have to resign, you should not bear the responsibility. But you are built with the corporation's labor relations, if you quit and office has not signed any written documents, only verbal resignation, suggest you will resign situation to reflect the company, will you when to quit, who to resign, because what reason to resign, to illustrate the problem of payroll when so far, and telephone recording, to avoid disputes. In addition, in accordance with the "labor contract law", ought to sign labor contract to establish labor relations within a month, if not signed, from the beginning of the second month, the unit shall pay double salary to you. (Du Hongtao, Sina micro-blog@Major case-Du Hongtao.

 

1166Ask: Hello!Please use your precious few minutes,Have a look my case,The entry into force of the decision,The difficult problem is to perform1.On the other side of Dongguan Dongcheng District car,He is in the execution of his wife's name,I apply for compulsory execution,The judge I provide clues to the property was not performed,Now sell2.He was in Dongguan in Dongcheng District have a house,The house is registered in his name down,The verdict is present Name,But,I went to his local police seized three page name certificate,Why,The court has not to seize his property,The present situation,Do you have any good suggestions,Can be smoothly to recover the court did not perform the balance.ACan you sue him malicious transfer propertyB?Can you catch the court to seize his property?

CCan be altered or forged identity information to the local public security bureau for fraud?

Answer: first, a malicious transfer problems. According to the Supreme Court "on the people's court shall perform the work of some of the (Trial)" (hereinafter referred to as the "provisions") article100Article2The provisions of item, the stranger with whom the malicious collusion transfer debtor's property, the people's court may in accordance with China's Civil Procedure Law Article102The provisions of article processing, namely that the behavior is impeding civil execution behavior, and the behavior of people to take the civil compulsory measures. Here said the execution property, refers to the execution of any property for execution of people, both being implemented property, including property has not been executed. For the transfer time of occurrence, the provisions are not restricted, generally, the execution after the start of the transfer should be included, and execute the transfer behavior occur prior to beginning, refer to the "opinions on the application of" the civil litigation123The provisions of legal instruments, as long as it is a legally effective, should also be included.

Second, on the attachment of property. Personally think that the court have no reason not to implement property, do not know the court is written for your reply.

Third, for the accused him of fraud, I think that the existing evidence, you very difficult to police a successful case, because he is using, and can not be directly identified for fraud, which requires you to provide more evidence.

Fourth, execution is the problem Chinese civil litigation. You must often go to perform courtyard judge to understand the relevant circumstances, if you think you are rational enough, when necessary, can be reflected to the superior leadership. (Xie Xiangying, Sina micro-blog@Criminal defense recruits Xie Xiangying)

 

1167Q: staffing firm, a well-known enterprise name to publish recruitment information! Job seekers to the staffing company, not just the introduction work, but to pay, or do a card (150~200Yuan)! There is a recruitment company, the work is not with the staffing firm relations, that is to say, we did not find a job recruitment company generation bidding! This Is it right? Illegal? Fraud?

Answer: first, if the company does not get the job of well-known enterprises authorized, only to charge you the fee, it is obviously not reasonable, then you can not give any money. If the words, you can request their return, or inform the relevant enterprises, report to the relevant parts, general enterprises are actively fight against the malicious intermediary.

Second, if the recruitment company does this industry, and management for a long time, the larger the amount of fraud, clearly constitutes a crime of fraud. The so-called fraud refers to the fictional facts, conceal the truth, make the victim in the wrong understanding and the payment of property. Staffing firm behavior is a typical fraud, as long as the amount to2000Element, it constitutes a crime. (Xie Xiangying, Sina micro-blog@Criminal defense recruits Xie Xiangying)

 

1168Q:, Xu teacher Hello, I have a question to disturb and word you, is I11Years11Month for candidates to work for a company the company has also didn't give me sign a contract and pay social security does not buy social security unit to apply for arbitration is my request1The arbitral tribunal ruling unit pay insurance or request award him into my account unit should be part of the cash to me. This request is how to write the most appropriate? And my area belongs to the jurisdiction of Jiangsu according to the Jiangsu Labor Bureau and the high court rules such as the limitation of double wage workers work for more than a year time from work for a full year calculation one year would like to apply for it as long as I am in double wages13Years11Month24Recently proposed no super aging is not. Thank you

Answer: Hello, pay social security generally can't carry. You can apply for payment of social security. In principle13Years11Month24Recently proposed can (you did not indicate the above time so I guess this is what you say a full year time limit). It is recommended that you apply as soon as possible. (Ji Jiabao, Sina micro-blog@Baldeagle-freeman)
   

1169, Q: I have a question to consult with you, my father used to work in rural areas of a town government, when the government didn't have the money to some of the money is my father who gives pad, now my father asked the government to pay back the money, but the government says no money, the money how to come back?

Answer: first of all,Will your father for money evidence collected, the best will advance money, time, amount of use list carefully. Determining the total money, can find the government is responsible for the relevant people ratify the contract, such as issue IOUs. On the other, to interrupt the process of negotiation and the limitation of action, pay attention to evidence.

Secondly, resolved through consultation mode. Communication and consultation to avoid litigation, and personal consultation effect is not good, can consider the pressure applied by the lawyer letter way.

Finally, communication without the circumstances, can maintain the right to court. (Mr. Chen Yue)

 

1170Ask: Hello,I want to consult with my staff when working out across the road was hit by a car, I would like to ask my family as an employer to pay much responsibility? He was sent to Shanghai Seventh People's Hospital, although it has been out of danger, but we let the dean to buy more than 20000 in his private pharmacy medicine, cannot, or to craniotomy, I check the comments, found online said it is black, but has to sell his medicine, many medical accident, in order to make money, trying to the cold made the transfusion illness, death and diarrhea, appendix operation and good organ, we are very worried about the hospital, want to help the hospital, but was afraid to bear all the responsibility, want to know how should do?

Answer: the first, your employees out of work accidents, if the alarm, police will make a traffic accident, to partition between employees and the responsibility of motor vehicles, then the police according to the confirmation of employees and the motor vehicle party for compensation for mediation. The vehicles according to their own share of responsibility for compensation of employees. Employees are not part of the compensation for the motor vehicle, you can find your home as employers demand compensation. But now you are not full compensation, according to the "tort liability law" thirty-fifth provides the labor party due to service their damage, according to their respective fault shall bear the corresponding liability. According to your home and employees of the respective faults, you shall bear the corresponding liability.
   Second, if no alarm, according to the "judicial interpretation of personal injury compensation" Eleventh: the employee suffers from a personal injury when engaged in employment, the employer shall bear the liability for compensation. Employment of third people outside the personal injury caused by an employee, the right to compensation may request the third party liability, can also request the employer shall bear the liability for compensation. The employer shall bear the liability for compensation, may claim compensation from the third person. Employees can't order to find responsibility as an employer of your home, as the vehicle of third people. If the employee for your compensation, you can after bear the liability of compensation, as the vehicles to third recovery.
   Third, if the vehicles can not find. At this time, the staff can only ask you to compensation, but you are not all compensation in accordance with the "tort liability law" thirty-fifth provides the labor party due to service their damage, according to their respective fault shall bear the corresponding liability. Your only fault liability in range.
   Recommendations or to solve problems through consultation, if the consultation fails, can sue to the court. The prosecution case, shall be made by the staff as a plaintiff, to your home and vehicle as the defendant.
   As you said the hospital, have nothing to do with your home to bear much responsibility. You should turn courtyard courtyard, not because of transfer, it is necessary to assume liability for all. As long as you keep good employees pay medical expenses during the hospital bill, as the basis of compensation can be. (a morning Sina micro-blog: Major-Cheng Chen.

1171Q: you, lawyers, Hello, ask a question:My classmate with a boy, a consensual relationship does not reach the legal age of marriage customs of marriage after. My classmates left child, her father (gambler, years and not very good to fulfill their duties, fees by mother and uncle funded) then sued her husband attempted rape, she lived in the Home Furnishing, the groom's family is good for it, these days, her father asked to sign an agreement:As long as pay tens of thousands of pieces you can deny her daughter, then cut off the relationship. And repeatedly threatened to the home "catch her daughter back, also said that the remaining children sold. Originally agreed Monday signed an agreement, a one-time payment of the cost of maintenance, the father to break off the relationship, not to disturb her life as well as an excuse for the expenses. The man also want to go to the government public security. But, last night22So, his father's request, on the basis of the original plus deny daughter signed an agreement of tens of thousands of dollars to. His mother always now daughter over there, is also in favour of signed agreements to solve. Now her father repeatedly, come to a deadlock. I would like to ask a lawyer gentlemen, what method can solve this dispute? The father loves money, what money to the family, broken heart. Also, this protocol can go to the notary? A lawyer or notary public notary? How about the charges? If you take the civil claim against the specific how to do? Can be deprived of its qualification father guardian, thereby eliminating the obligation to support his father? My classmates are very anxiety, trouble lawyers think way, to the point, thank you very much!!!!

Answer:1This situation does not belong to the rape, the two sides to the legal age of marriage to receive a marriage certificate is a legal couple;

2Sever the relationship between father and daughter the behavior is invalid, regardless of notary or not, due to blood relationship between father and daughter is not relieved by any legal form;

3If your classmates have adult, your classmate's father also have no right to interfere in the free living in the home, such as persist in wilfully and arbitrarily suggested the alarm processing;

4A maintenance problem, if your classmates father and the ability to work, can also rely on their own labor to maintain life, temporarily without support. (Chen Fucai, Sina micro-blog@Financial SecretaryCFC)

 

1172Q: home decoration, a, B free help generation called a few small, oneself also occasionally when a good help, finally a not less B salary, however, there is a small c a day will not come, who also didn't notice, even called him to B did not notice, so a fight call C, C said not to do, but also with a surplus of money, a very angry, being tardy he dare (beg, master has come, coolie didn't come), I would like to ask this kind of situation, a can not give hundreds of pieces of money small C remaining, there can be a if B responsibility, because the coolie is second generation is called, and now being tardy

Answer: between a house and a contract is a contract. The contract, which the contractor to complete the work in accordance with the requirement of hirer, delivery of the work product, the hirer pays the. A set of life, laborer is the contractor. The main obligation of contractor is required to complete the work in accordance with the provisions of a deliverable obligations, the main set of life is delivered by the contractor in accordance with the requirements of the progress payment.
   In this case, C coolie in work unfinished condition that no longer work, can be regarded as the default. "Contract law" the 107th party fails to perform the contract or its performance of the contractual obligations is not in conformity with the agreement, shall be liable to continue to perform its obligations, to take remedial measures or compensate for the losses and liability for breach of contract. A may require C to continue to perform the contract, that is to give a work, if C does not like, a home can require C assumed responsibility for damages, because C stop work for a loss. For example, downtime losses. For propylene remaining wages, he is not to claim that a payment, a and C only need to pay the work completed by the corresponding wages.
   Between a and B is the principal-agent relationship, the agent to find a few small B a. B should be in accordance with the instructions and requirements of the selection of a small, if no to B made clear the specific requirements, B should also be in accordance with the usual conditions for workers. For now B coolie said no longer continue to work without stop, brings some loss to a. B do belong to the selection of inappropriate, but because B as a coolie not get paid, so together, B should bear corresponding responsibility, namely a can ask B as soon as possible to find a small alternative C, and still do not charge a fee. As for work loss, should not let B assume, and should be advocated to C. (a morning Sina micro-blog: Major-Cheng Chen.
  

1173Q: female college students, the night before and altercation students, but there is no physical harm, quarrel reason for small misunderstanding under before. After the altercation students back to the dormitory not unusual. The girl on the morning of the second day on a class and individual to break out and jump off building on campus Dutch act. Does the school should bear what responsibility? What is the responsibility and the girls altercation students? Thank you

Answer: the students are generally over18Years old, as a full civil capacity, Dutch act behavior, whether the school need to take responsibility, mainly to see whether the school students Dutch act has fault. On the basis of "tort liability law" article37The provisions of article: "hotels, shopping malls, banks, railway stations, public places of entertainment such as the manager or the organizers of mass activities, fail to fulfill the obligation of safety guarantee, and causes damage to others, he shall bear tort liability." Dutch act behavior of students in school, the school has no responsibility. "Student injury accident treatment measures" article12The provisions of Dutch act, students, the school has to fulfill the corresponding responsibilities, did not act improperly, no legal liability.
  As for the responsibility of the altercation with the Dutch act students, mainly to see there is no causal relationship between the altercation with the Dutch act. If you quarrel with a slap in the face for the Dutch act girls, slander and behavior, to make a normal person to accept degree, thus Dutch act, then it may constitute the crime of insulting, which may bear criminal responsibility and civil liability. But the girl from the performance point of view, the second day spat the girls Dutch act, it is difficult to prove the existence of a causal relationship between the Dutch act and quarrel, but as adults, should for their own behavior identification and control ability, Dutch act consequences should be borne by himself.
  But college students and its spat from the humanitarian point of view, in accordance with the fair responsibility, can be appropriate to give the girls Dutch act to compensate. (Du Hongtao, Sina micro-blog@Major case-Du Hongtao.
  

1174Q: lawyers, teachers, Hello, I want to consult a problem: my friend sexually harassed her boss, she protested after the company to settle with her, in the process of consultation, she put forward the following appeal:1Require the company to terminate labor relation, and to pay her the rescission of the contract breach.2So do the heart damage caused mental process, require companies to pay damages. In addition, she can also claim what power? Coke please teacher.

Answer: in addition to that unit terminates the labor contract law, required to pay double the economic compensation and requirements for sexual harassment for spiritual compensation, but also advocated the apology etc.. (Du Hongtao, Sina micro-blog@Major case-Du Hongtao.

  

1175Ask: Hello, I, now living in the house is2003Years to36000Yuan to buy, but no transfer of real estate certificates, property certificates in our hands. (1Failed to get to the transfer costs2And homeowners are acquaintances). After signing a house transfer agreement, however, signature, it is the hostess, is the name of the master (master to go abroad, house property card is the host name). The house is oil workers housing, privately sold us, recently heard that four or five years later to the residential into commercial housing. We are interested in and he mentioned transfer things, but, he in order to her husband abroad not empty talk, refuse. Will we really be back, still get property certificate?

Answer: the ownership of houses in the housing registration authority to register. House property card is the right to housing certificates, have a certain credibility. But when the name rights record property permits and housing registered office is inconsistent, shall be subject to the registration authority shall prevail. Now your house still registered in the host name, so the host is still the owner of the house, the host as the owner has the right to housing registration authority the loss of property and the new card replacement. But male master in the disposition of housing, housing registration authorities have no right to stop the host registration for change, therefore the possibility exists to your home male master disposition.

A proxy signature hostess male host, the host can claim the hostess of unauthorized agency or unauthorized disposition, then you have to ask the hostess to undertake responsibility of breach of contract on the basis of the transfer agreement. You can also choose to sue each other on the basis of the transfer agreement, request the other party to go through the registration formalities, but do not recommend this. You have to negotiate with each other, go through the registration formalities as soon as possible. (Lv Bojie, Sina micro-blog@Onion head)

 

1176, Q: dear, ask some question, is the three individual partnership factories, registration when my dad is the legal representative, but the actual is people in the management, the management of shareholders, now has been at a loss, and he alone, like the cheap, the factory Division Fu Quan offend the The atmosphere was foul., do, do not go on. We and the other a shareholder and he does not want to do together, OK?

Answer: if your father and the other two people signed a partnership agreement, so now the two partners to withdraw from it, the partnership will not exist, only the dissolution. Partnership dissolution, according to the "partnership enterprise law" article85The provisions of article: partnership in any of the following circumstances, shall be dissolved: (a) the partnership expires, the partners decided to no longer operate; (two) the reasons for dissolution as specified in the partnership agreement; (three) all the partners decide to dissolve; (four) has been a partner does not have a quorum for thirty days; (five) the partnership agreement the agreed partnership purpose has been realized or can not be achieved; (six) its business license is revoked, shall be ordered to close down or revoked; (seven) other reasons stipulated in laws, administrative rules and regulations. Your father and the other two partners to reach agreement decided to dissolve or by agreement or can not achieve the purpose of grounds, demanding the dissolution of the partnership. Dissolution of a partnership by all partners to form a liquidation group, the creditor's rights and liabilities, settle unsettled affairs. But the de registration of the partnership, the general partner of debt for the duration of the partnership shall bear unlimited joint and several liability. (Du Hongtao, Sina micro-blog@Major case-Du Hongtao.

   

1177Ask: Hello, excuse me, friend is now in prison, his wife want to divorce, custody of his wife not to let the man, his parents, divorce agreement on custody should be how to write? Or write a change after the divorce custody agreement?Change the custody agreement in private writing?This effectively do?

Answer: when the couples divorce, custody agreement to solve the problem can be. That is to say the couple can be carried out on the custody of ownership in the divorce agreement, since the man in prison, the divorce agreement can be agreed custody of the children living with grandparents. Then the divorce agreement to divorce registration procedures, without the need to first divorce agreement or prosecution custody. If after the divorce of custody of change, both sides agreed the signing of the agreement, as long as the content is not in violation of the law, is also effective. (Du Hongtao, Sina micro-blog@Major case-Du Hongtao.

  

1178,Ask: Hello, I want to consult the land compensation fees for rural Hukou into city Hukou problem, we are a group of200Many people, but because signed to the order of the time of account files, only one of the98People have the land compensation fees, more than a hundred others including the leader, called98The land compensation fees average people to all, now compensation has been sent to the hands of the leader, leader of money buckle down, I want to ask them for the rest of the more than 100 people have the right to sub98Land compensation, thank you.

Answer: if the government issued to the compensation of person, that specify who issued, return who all, other people may not share. Your so-called leaders just handling people, you are the real owner. No right to dispose of your property group.(Zhiqiu guest Sina micro-blog@Major Zhiqiu guest)

 

1179Q: I will, their houses mortgaged to the Guarantee Corporation, the Guarantee Corporation to provide guarantee, loan from the bank. Now the Guarantee corporation controls are missing, the housing can not charge, I want the house directly to the bank now, would you please tell me how to operate?

Answer: the first, first of all do not know how you was with the Guarantee Corporation signed a security agreement, is the three party agreement or the agreement of both parties, the term of the loan guarantee how long, how long, is unlimited guarantee or paid guarantee. I must see the agreement just good judgment.

Second, if the Guarantee corporation controls are missing, also the mortgage term, does give you caused loss of interest, you can only through the lawsuit way and solution. (Xie Xiangying, Sina micro-blog@Criminal defense recruits Xie Xiangying)

 

1180,Ask:Hello, the day before yesterday afternoon I and a female friend to logistics company to take the goods. Logistics company boss four men and three women beat, I am just a one month pregnant women. But many of them hit me, hit me threatened abortion, multiple body was steel wounded, because I was pregnant, did not doCtAnd nuclear magnetic resonance of these checks, now the police have to resolve, I was at the hospital Baotai, what should I do for myself now? If the station is not solved well, how should I put forward to the court. We look forward to a reply.

Answer: first of all, you can choose to accept the public security organs of the mediation, but the public security organ to make mediation book not enforceable, if the other party fails to perform, you can file a lawsuit to the court on the basis of the mediation agreement, request the other party to perform the mediation agreement. If you do not accept the public security organs of the mediation, you can also bring an action in tort directly to the court, ask for compensation for loss. Recommend that you now hold all documents (cases, examination results, list of expenses, diagnosis notes). (Lv Bojie, Sina micro-blog@Onion head)

 

1181, ask: Hello, I am from Gansu, my hometown cousin in March this year to eat with friends, quarrel after drinking, be friends even holds three knives, the biggest cut eight cm long, but stabbed person the local police station, no tube, only in the hospital took over 9000 yuan, not now, we don't know who to ask, so to your side to consult

Answer: you can bring a separate civil tort compensation, may also request the judicial organ for investigation of criminal liability and criminal incidental civil compensation. If the infringer's act constitutes a crime, the needs identified by the judicial organ, if you think of a crime, but not as a police station, we recommend that you first to the public security bureau to reflect problems, if the public security bureau is not on file, you can also to the procuratorate supervision of filing the application, procuratorate still think does not constitute a crime, you can file a criminal cases of private prosecution to the court. In criminal cases, the mental injury compensation will not get the support of the court.

(Lv Bojie, Sina micro-blog@Onion head)

 

1182, Q: Hello, ask a question of law.AWith two sons andB83Years,84Born a daughter.86YearsATwo son died, not with the stepmotherBThe common life.O6YearsBDeath,BUnits of housing subsidies14Million yuan, excuse meATwo sons have the right of inheritance?

Answer: "Inheritance Law"10The definition of the first order heir children refers to the legitimate children, children born out of wedlock, adopted children and stepchildren maintenance relation. If you describe,AAfter the death of his son not and stepmother live together, if the maintenance behavior, then can be inherited, and if not, there is no right of inheritance. Lei Wenxia@Haven't seen pork haven't learned pig run)

 

1183Lawyer: Hello, ask! I would like to inquire about the divorce. We are nine seven years of marriage, he kept suspicion, the beginning of the zero nine year is around to my personal attack. From the2011I injured in fact separated since. A property room home, a right to use the housing is his mother's head, the child's account too. He now requires all the house belongs to him, to my children, expenses of each half. As for what he called the how much deposit haven't. Because no negotiation, I want to sue for divorce, do not know what procedures, like a lawyer? The court will meet the requirements of what he said?

Answer:1You describe it, whether it is said that there are two sets of your house, a set of his mother's head, only the right to use, then there is a housing ownership, is there?

If the above, then the second set of housing registration in whose name? Buy in you before or after marriage?

2If the house is in before full purchase, and registered in his name, then the law as his personal property, you are not asking the court to segmentation.

If it is before purchase, registration in the man's name, but together after marriage loan words, housing property will return to him, but he shall give appropriate compensation. If the housing after purchase, whether registered in the name who, houses belong to the common property, you will enjoy half of the property.

3About child rearing, can consult the husband and the wife of any one, the other party to pay the maintenance fee, in addition, children under two years old is more likely to mother.

4Based on your personal circumstances, can hire lawyers, in order to better protect your rights. Lei Wenxia@Haven't seen pork haven't learned pig run)

 

1184, ask: Hello, ask about the traffic accident death, right now3A many month things from the traffic team failed to go to the hospital's arrest, and litigation division, now to the court, we do not know who introduced a lawyer said that lawyers, lawyers bear much of the responsibility for the case?Each time the attitude we now call progress he cases are especially bad, always say let the phone, we should be how to understand the progress of the case now?The case is the incidental civil to criminal prosecution, the court has more than half a month, there is no specific trial period, we can get much money? The case is Hohhot soil left period court

Answer:1, responsible attorney?

Agency authority source lawyer to client's authorization, therefore, lawyers should be engaged in agent within the scope of authorization, a lawyer agent matters content is based on both sides in the agency agreement. In practice, the authorization usually have general litigation agent and special authorization agent two, you can see the two sides signed the agreement of agency, look at your agency authority for lawyers to agreed.

2How to understand the progress of the case

According to the "code of conduct" the lawyer occupation54Provisions, lawyers understand the matters entrusted by the client, it shall timely reply. To understand the progress of the case is your right, if the attorney for the refuse your request, you can ask them to indicate reasons, no justifiable reason, to practice law firms or local lawyers associations complaints, judicial bureau.

3The term, the court

"The law of criminal procedure", incidental civil action shall be heard together with the criminal case (except for the special case of course). According to your case has been transferred to the court case, now should belong to the trial stage, "Criminal Procedure Law" article202Provisions, the people's court shall, after accepting a case of public prosecution2Months sentence, not later than3Month. In the people's court to determine the date of the hearing, the hearing time, place by a notice of summons you.

4, to get compensation

Road traffic accident compensation project: A, death compensation, funeral expenses; two, living expenses for dependents; three, medical costs, delay costs, food subsidies, nutritional expenses, nursing fees (if the5The cost of case); four, the spirit of damages; the specific amount recommended lawyer communication. Chen Yue.

 

1185Ask: Hello, lawyer, I and the registration for half a year, no ceremony, no kids, real I bought prior to the registration of my decoration. After registration, the feeling has been disagreement.
During this period, both sides had filed for divorce. For some small woman herself to pack away two in no case of greeting, so far a month did not go home. In addition to her to buy all the other things are power away, finally where you don't know, she is in the field, do not take phone calls, send the information back to meet with her, she returned to the information that you sue. I think the money after the betrothal gifts lawyers to prosecute the advice Is it right? Out? And the registration after the two sides to buy household items and how to divide? During this period the woman if hospitalized sick I Is it right? Also pay part of the medical expenses? And the prosecution must pay attention to what the problem? Hope you to answer, thank you!

Answer: Hello, according to your situation, registration of marriage, divorce is generally not return the betrothal gifts. The judicial interpretation of the marriage law two article tenth party to request the return of betrothal gifts custom payment, if identified as belonging to the following situations, the people's court shall support:

(a) the two sides not to apply for marriage registration formalities;

(two) the marriage registration procedures but did not live together;

(three) before payment and led to two life difficult.

Application of the preceding paragraph (two), (three) the provisions of item, should take the divorce condition. Because of your situation is not mentioned in the preceding three paragraphs, the betrothal gifts need not return. ; second, according to the provisions of China's "marriage law" registration after the acquisition of household appliances and other items belonging to the joint property of husband and wife, when the divorce negotiations fail to general average segmentation; third, the marriage law "Twentieth couples have the duty to maintain each other one party does not perform the obligations of maintenance, the party in need of maintenance, have to pay alimony the right to ask the other side. So if the marriage in your wife is ill, you have the duty to bring up to her. Sina (micro-blog@He Li lawyers)

 

1186Ask: Excuse me, I want to buy a set of no real evidence of second-hand housing, the original owner of the house purchase contract and receipt are lost. What kind of certificate issued to buy a house

Answer: recommend that you go to the people the right to housing bureau or commission inquiry, ensure the contract with your party shall have the right to sell the house. If the housing registration no registration, the other party to sell the house may constitute an unauthorized disposition, in this case you may not get the house, only in the housing sales contracts for each other's liability for breach of contract. According to the regulations of China's property law, real property registration is subject to public authority. (Lv Bojie, Sina micro-blog@Onion head)

 

1187Ask: Hello, I would like to ask a friend of mine who store row of parking, the day he put the electric cars parked in the parking lot of the then someone drove the car to stop him not remove the result two people fight each other alarm, police is the police may owners and friends to after the vehicle away a driving without a license ticket; my friend to say how can not ride the theory on driving without a license? Police said you unless you can prove that you bought the car from has been parked not ride or to electric vehicle driving license; we ask the motorcycle driver's license for don't say no, what is it legal

A: on the electric vehicle is driving without a license, the local policy may not be the same, you do not know is which province.

Driving without a license for electric vehicles "license" means the motorcycle license, the police is not reasonable.

In addition, according to the "road safety law to deal with the procedures" article fifty-ninth, mandatory administrative measures taken for the traffic control department of the public security organ or the administrative punishment decision disaffected, can apply for administrative reconsideration or bring an administrative lawsuit according to law. (Xie Xiangying, Sina micro-blog@Criminal defense recruits Xie Xiangying)

 

1188Q: lawyer, teacher Hello, I want to have my encounter request your help. I work in a hospital in Beijing, is a nurse, because the job is very tired, some time ago, I was diagnosed with a lumbar disc prominent huge pain and numbness of the limbs, appeared the situation. The hospital is arranged for me to transfer in the Department of orthopedics ward (regulations, internal hospital nurses need to the various departments exercise), can not persist due to physical discomfort,, I apply for sick leave. Rest for nearly a month later, general surgery nurse where I long to Cory busy grounds, please return my Department of general surgery work. I think the Department of General Surgery Department of orthopedics is relatively easy, not as a patient to turn over a class of heavy work, so Cory back to work. But then, surgical head nurses (all surgical nurse management includes the Department of orthopedics and Department of general surgery, I have to go to the Department of orthopedics department) force. I think the work strength can not support the Department of orthopedics, had to re apply for sick leave. Now, my Department of general surgery by surgical head nurses by not arranged for me to work, I either had to leave, or you have to go to the Department of orthopedics management. I am very sad now, is there any way to defend my rights. Thanks a million.

Answer: under normal circumstances, the employing units to change the content of the labor contract shall be made in written form, and shall negotiate with the worker shall have effect of favorable. According to the "labor contract law" third paragraph two: labor contract in accordance with law is binding, the employer and the employee shall perform the obligations stipulated in the labor contract. If your work is a labor contract nurses in Department of general surgery, or labor contracts signed with the establishment of the post is the unit of nurses in Department of general surgery (preferably with relevant written documents), without your consent, unauthorized change your job, a breach to change the contents of the labor contract. If you do not agree, can not accept the arrangement, you must do so if the company mandatory requirements, you can report to the health administration departments, can also apply for labor arbitration.

    If there is no agreement your labor contract specific posts later no posts for nurses in Department of general surgery, just in the labor contract for nurses, the hospital according to the management need to ask you to adjust the gang, and is still the nurses in different departments, but, in general it is legitimate. You can stay in the Department of general surgery and hospital consultation. If the hospital does not agree, you can physically incapable of nurses in Department of orthopedics, high intensity work request on the grounds of units Gang, but in this case, the unit may adjust you to other jobs, then may change salary. You can also refer to the union to hospital, Health Bureau and other departments to reflect, request help you coordinate. (Du Hongtao, Sina micro-blog@Major case-Du Hongtao.

 

1189, Q: my uncle works in a coal mine in Zunyi city of Guizhou Province, in April this year in underground work is by a flying stone hit the right face perforation, treatment by May, penetrating injury has healed, five upper and lower teeth (not the front teeth) serious deformation, loose but not off signs, eating is not convenient to speak, to Zunyi city did injury working disability grade identification, but the doctor said ten level estimates are not on the identification, the identification results haven't come down now. Excuse me this kind of circumstance, if the disability is not on the ten words should be how to determine the compensation? Probably can get compensation? The previous month wages (injury5000-6000Thank you.

A: your uncle, if identified as work-related injuries, according to the "Regulations" provisions on work-related injury insurance disability grade enjoy the corresponding treatment of inductrial injury insurance. If the disability allowance, work injury medical allowance etc.;

    If not meet industrial standards, according to "explain" the Supreme People's Court on certain issues concerning the application of law in the trial of personal injury compensation case No.11Provisions, the employee suffers from a personal injury when engaged in employment, the employer shall bear the liability for compensation. The unit should be compensation for medical expenses (including has occurred and the future treatment need cost), wages, nursing fees, transportation fees, accommodation fees, hospital food subsidies, nutritional costs necessary. (Du Hongtao, Sina micro-blog@Major case-Du Hongtao.

 

1190Ask: Hello, friends, now serving a sentence for fraud, was released from prison after also used before the fraud money?The victim has the right to recourse right?Also, ask the criminal appeal will sentence you?The appeal period will bring people back to the house of detention? A successful appeal will not only change the accusation not commutation period?

Answer:1If the victim sentencing, crime of fraud, and puts forward the incidental civil action or after a separate action, as long as the court return fraud money, then for the fraud from the money must be repaid, if he is serving, unable to pay, so no matter what time, as long as you the name of friends have income, property, or to repay, if not repaid, the other for the court for compulsory execution, a court decision, will be enforced.

   2To see the specific case, the criminal appeal not infliction, have appeal not infliction principle in the criminal procedure, but the error for the original judgment, will affect the sentence.

   3In general, the appeal will not reverse the detention center.

   4The appeal is successful, will not only change the accusation not commuted, are required according to appeal after the success of the specific case corresponding to micro-blog (Sina@Feng Jun)

    

1191, q:10Years3I buy their units under construction market running real index to a fire police Guilin fire, transfer fee5.5Million, according to the notification batch pay 1629 detachment, transfer fee for the first time4Million,Surplus1.5Million, the transfer of real estate certificates in my name, will be paid, so I have to pay 162927Million plus4Million transfer fee, to now will be sought, he has now unilaterally withdraw from the contract, only for thirty thousand yuan. His exit has caused great loss to me, had intended to make the house to get married, now surrounding house prices have risen to6800Per square meter, while the real2700And, if the court, I can win? Compensation will be how much compensation for breach of contract, contract is the double of the total 1629,. The Guilin in Guangxi City, Chen Feng

Answer: the case of the houses belonging to the flats to the market mode of operation of the construction of housing, according to the "Interim Measures" provisions of the operation mode of the Guangxi Zhuang Autonomous Region market construction of housing, the housing can only be sold to the employees of the unit. If you sue to the court to demand compensation for losses, the court may decide you with the police between housing sale contract is invalid. The contract invalid results, is the police returned 1629, transfer fees and interest. As for whether the court will support your claim for compensation, to look for the contract is invalid, you and the degree of fault police their own. That is, both of you are knowing that the market operating room is not able to transfer to non - this unit worker. If you can prove that you don't really know this house not to transfer to non this unit worker, the primary responsibility to contract is invalid in the police, the court will then discretionary judgement police to compensate you for your loss, the amount of compensation will not be double the total 1629 agreed in the contract. But will consider referring to the degree of fault, the fulfillment of the contract and the expected benefits and other factors, make a judgment. How to prove that you do not know, or do not know, it is difficult to.

If you are not able to prove, the court will consider both sides have some fault, so for each bear the loss.

In conclusion, this case if you choose the prosecution case, the court finds that the contract is null and void by the possibility of a larger. The possibility and the court does not support the police to compensate you for your loss is large. In this way, you can only get back the principal, transfer fees and interest.

If not to prosecute, consultation and the police solve the case, except for the fact that he returned 1629, transfer fee, but also compensate you3Million yuan, of course you can ask him to limit compensation and the transfer fee of interest.

In order to facilitate the decision you make, I will the court finds that the contract is valid situation also explain: if the prosecution, the court recognized the contract effective, then police unilaterally cancelling the contract, belonging to the breach of contract, should bear the liability for breach of contract. The contract is the default payment of the total 16292Times, police would claim the agreed liquidated damages amount is too high, request the court to reduce the damages for breach of contract, then the court may on the basis of the actual losses, comprehensively considering factors of the performance of the contract, the extent of fault of the parties and the anticipated benefits, to measure the verdict. Specific to how many damages here I have not calculated, but certainly the court will not support the agreed liquidated damages.

Suggest you entrust a lawyer. Considering the advantages and disadvantages, then decide whether or not to prosecute. Cheng Chen: micro-blog (Sina-Cheng Chen.

 

1192Q: What counsel:Recently home to buy second-hand housing intermediary intermediary fees, began to10000Buy a house, and then signed the contract, pay to the seller5Million deposit. Then the intermediary intermediary fees to go with the manager and talk again, now intermediary to intermediary fees28000. What does it matter? Thank you. In the city:Shanghai

Answer:1, you have signed the contract and the seller buy a house, and the delivery of the deposit. If no special circumstances, shall be established as the identification between you and the seller housing contracts of sale, you can according to the requirements of the contract the seller to perform the contract obligations according to the contract agreed to the delivery of housing.

    2, the intermediary fees, I do not know whether you and real estate intermediary signed written agreement signed with the intermediary, but whether or not, the contract between you and the intermediary. Now intermediary requires the improvement of intermediary fees behavior, to change the contents of the contract. If there is no special situation of legal provisions, change the contents of the contract to the agreement of the parties, be changed. At present, Shanghai intermediary market is based on the1%Collect, intermediary as a professional organization why from10000Rise to28000, if there is no reasonable explanation (such as housing price wrong), change request you can ignore the intermediary, in accordance with the original contract10000Yuan intermediary fees to perform. (Chen Yuan lawyer, Sina micro-blog@Chen Yuan lawyers)

 

1193, q:Hello. I chongqing. My good friend is a girl, and her husband not to divorce. This year may have the Spring Festival after her husband go to the field, she has no source of income to the field work. Two people have separated the two places, Is it right? Two years of separation can apply for automatic divorce? How to prove that have separated? To show what?

Answer: according to the marriage law, because feelings not separated for two years, the party put forward a divorce, the court mediation shall be sentenced from not. Therefore, according to the provisions, put forward a divorce, must have three conditions: first, not to the feelings; two, separated two years; three, between the two is a kind of causality.

Now separated two years, better proof. Your friend to the field work, if there is a labor contract or insurance certificate, is the best, no other evidence. Secondly, if there is no such evidence, in the field of housing, rental contract, also can prove. Third, temporary residence permits limited effectiveness, but also can be used with other evidence together. Finally, so that enterprises can give you a proof. The above evidence, the farther back, prove the effectiveness of smaller, more can not be used alone.

It must have evidence to prove that the relationship has broken. And because of that leads to your friends go out to work breakdown of feelings, separated. Only the following suggestions, providing evidence of clue: one, the husband is not idle about, and incorrigible, gambling and other bad habits; two, the husband is the implementation of the family violence; third, the husband is having an affair behavior. Above, only provide an evidence of ideas, not limited to just list items.

Even if not because of love, separated for two years, the party put forward a divorce, the court is the first mediation. If the mediation fails, then divorce. In addition, the first court sentenced from not, again six months after the prosecution, the court will generally found away. (lawyer)

 

1194Q: A, the original home decoration, B free help generation called a few small, oneself also occasionally when a good help, finally a not less B salary, however, there is a small c a day will not come, who also didn't notice, even called him to B did not notice, so a call C, C said not to do, but also with a surplus of money, a very angry, being tardy he dare (beg, master has come, coolie didn't come), I would like to ask this kind of situation, a can not give hundreds of pieces of money small C remaining, there can be a if B responsibility, because the coolie is second generation is called, and now being tardy ah (has been answered by a morning)

Ask: C remaining wages I refers to the paid labor, a home to see C bad attitude has given him the opportunity or It is without rhyme or reason. not to work, so do not want to let him continue to fulfil its obligations to sack him, before has been working for money and don't want to give him, however, is not should he paid labor wages will give him, for he delays caused by the loss and asked him to pay for? Also is the compromise can give him?

And about the work loss, why not find a B bear, although B had helped a did not charge a fee, but after all the coolie is B to find help, since the choice also should bear the responsibility? I remember a case is that if you see an abandoned baby on the side of the road and take it home, adoption, then do not want to adopt, and abandon the baby, which is composed of the abandoned babies of sin? Also on the civil law because no management seems to be similar to the truth? Since the choice of a help to some extent to help bring the losses cannot be?

Answer: first say C problems:

The first,   The contractor to complete the work, will be paid: This is the main purpose of the contract, and the two parties of the contract

Should the main obligations. So for the propylene has been completed work, through a quality inspection qualified, a shall pay the prescribed wages to C. A don't want to C wages, unless they can prove the existence of "contract law" article 262nd conditions, namely: the work results delivered by the Contractor fail to meet the quality requirements, the hirer may require the contractor to undertake repairing, remaking, reducing remuneration, such as compensation for loss of liability for breach of contract. Otherwise, C wages should be paid.

Second, the "contract law" article 268th the hirer may terminate the contract at any time, causes losses to the contractor, shall compensate for the losses. A may terminate the contract at any time, namely the fire C. Default C It is without rhyme or reason. not to work, thus to a loss, have the right to demand compensation for a C. But the specific loss to be calculated.

Third, if a payment is not C wages, C nor to a compensation for the loss of. Then a and C after consultation in the same amount of debt. That is, your so-called compromise, armor can pay less to C.

The second problem:

Give you the abandoned babies examples and without due to convey management example meant I understand. As I have to answer that, B does exist selection improper responsibility. But because B no charge, so can ask B assume responsibility and bear much responsibility depends on B on the selection improper fault size. In this case, B to a to C in accordance with a request finished a part of work, through your description, see no C completed work does not meet a quality requirements, technical level C or basic qualified. C It is without rhyme or reason. work shows its character is not firm, B in the process of hiring C did not do enough review obligations, there are some mistakes. But the degree of fault is not enough to require B bear a loss of loss, a can ask B as soon as possible to find a worker instead of C, and also do not charge a fee. (a morning Sina micro-blog: Major-Cheng Chen.

 

1195, Q: has owed two months wages, every time I go to pay with no money. If the company bankrupt assets not how will pay compensation, we can through what way to take in response?

Answer: the company collapsed into bankruptcy procedures, as wage claims is not to declare, but may and the amount allocated is low.

Suggestions:

1Come labor supervision. Contact labor supervision departments, indicate the amount on the unit, and time, the inspector responsible will be recorded and sent to the enterprise survey.

2Get on the certificate, to the court for an order of payment.

3In time the labor arbitration, can then be enforced. Zhang Xuan.

 

1196Ask:Hello, I want to ask a question. About borrowing, the thing is, I lent a150Million, a total of borrow other debtors 20 to 30 million, a failing to pay his debts, Public Security Bureau set a fraud, the procuratorate to the criminal supplementary civil action, is now in trial stage, but not the two trial. Among them, I lent a150In a million50Million I borrow B, has to B35Million interest, now B to the court final judgement I, my interest in total compensation B37Million, has entered the implementation stage, after the decision was Haiyi5Million yuan. For a, I have to give up the interest, but the principal back, but after investigation, a non executable property. In fact, I was the victim, and has no repayment ability. I have four children are in school, had a house and a car home, and no fixed work. Encountered such a situation, how should I do? Now the home is not home, unable to maintain their livelihood. A collusion, has been pressing the case, in the triangle debt, really very helpless, I hope you can give me a little legal help, I can always drag?

Answer: first of all, the case involved the same two legal relations, namely: between you and a relationship between the lending and borrowing between you and B.
Based on the relativity of obligation, although B will lend money to you, you will lend money to a, but a pair of your default not your Disclaimer on B default reason. Therefore, in accordance with the law, you shall bear the liability for breach of contract to B.
There is a way you can try, but it may not work, or you can be on a50Million claims to B, B cancel once for all of your debts. (love lawyers around)

1197Ask: hello! My friend's mother was killed by a motor vehicle. When the court for compensation,1Friend's father have a pension, but really need to take care of his mother, so his father can request the alimony?2During his mother's hospitalization rescue and mourning for the dead, he and his brother delays for a month, they can request a delay costs?3They asked the funeral compensation, can request compensation for funeral expenses?4The court is how to charge litigation fees?5Mental damage solatium standard of Beijing is how much money? Thank you.

Answer: (1) the cost of living was dependent mainly refers to the victim's actual support, no other source of living. In judicial practice, most think enjoy retirement, should be recognized as a source of life, do not meet the claims were dependent people living conditions. Also have the court thinks, although some income, but not enough to maintain my life, which did not reach the per capita consumption of residents, can request to be dependent for living expenses.
 (2) lost wages refers to the loss of wages to rescue or victim during hospitalization. Nursing staff tardiness is not listed here, but you can ask for nursing fees, but generally should be based on local engaged in the same level of care compensation calculation.
 (3Funeral expenses) itself is handling the funeral expenses, cannot repeat request.
 (4) costs generally bear the ultimate liability, in accordance with the amount of compensation required by certain proportion calculation.
 (5) mental solatium, Beijing provides compensation amount according to the nature, the damage caused by the behavior of the degree of harm caused by the fault of the claimant, the pain degree and its relationship with the dead and other discretionary, but generally not more than Beijing town worker year of average wage10Times. (Du Hongtao, Sina micro-blog@Major case-Du Hongtao.
 

1198Q: A to B, the loan500Million and its plant50Truck and all property to B a mortgage, and go through the formalities of registration. Mortgage period, a without B agree, to480Million yuan to sell. Both sides a, C, B was aware of this, but a payment for payment of arrears of wages for workers. The B should how to advocate their legitimate rights and interests?

Answer: according to the "property law" 191st paragraph second mortgages, mortgage without the mortgagee's consent, shall not transfer the mortgaged property, but the transferee pays off the debts on behalf of mortgage.

Debt expiration, armour nonperformance debt, you can first find C requirements for the repayment of debts. If C does not agree to pay, because the mortgage has been registered, so it can be against the third person, you can directly50Van exercise mortgages.

That is, according to the "Civil Procedure Law" 196th article for realization of security interest, by the obligee and the realization of guarantee right has the right to request the other person in accordance with the law, the law, to guarantee property or real right of pledge registration at the basic people's court at. The 197th people's court after the acceptance of the application, after examination, in accordance with the law, ruling auction, sold the property for security, on the basis of the ruling party may apply to a people's court for enforcement; do not comply with the provisions of the law, the court rejected the request, the parties may bring a lawsuit to the people's court.

You can apply to the court for realizing the right to mortgage. If the court rejected your application, you may bring a lawsuit to the court. (a morning Sina micro-blog: Major-Cheng Chen.

 

1199Q: our home a piece of bamboo, is a nearly90Years old, ignition burning of grassland to burn, at the same time, there are other bamboo is also a piece of burnt. The old man is old Party member, the home also someone above an officer, therefore, Haruki solved long hasn't been landing, the old man has pride oneself on being a veteran, never said a word of apology of what. Our bamboo can't be burned to us to burn, Haruki solve300Money give us two points, but we definitely don't agree with, and the burning bamboo value difference is too much, how should we protect our legitimate rights and interests, his behavior has violated the criminal law, constitute a crime?

Answer: Fire sin filing standards to reach the minimum burned forest area2Hectares or more. If not reached, do not need to criminal responsibility. But the fault damage other people property, shall bear civil liability for compensation. You can sue to the court, claim compensation for the losses. (Zhiqiu guest, Sina micro-blog@Major Zhiqiu guest)

 

1200Ask: Hello, I am Anhui Chuzhou, last year in Hefei to a company for celebration, the other still dragging tail funds didn't lend us some. Money is not too much, just4000Element, we ask how to return the tail section? Please give me a little indication! Thank.

Answer: if you signed the contract, can according to the contract about directional court. (Zhiqiu guest, Sina micro-blog@Major Zhiqiu guest)

 

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