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 1281st to 1340th legal consultation 

 

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

 

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:

 

1281, q:A couple to divorce, the wife found her husband derailed her husband, the open house recording through friends, but each time only register the husband a person's identity card, asked his wife what the legal channels to the hotel to hotel lobby video? There is a video as evidence will not give his wife sentenced point of common property? Do me a favor, thank you.

Answer: his wife through a lawyer to investigate and collect evidence, and may request the court to obtain evidence. There is a video as evidence, and his wife, no fault, can claim damages.

"The sixty-fourth civil procedure law" for their claims, have the responsibility to provide evidence. The parties and their agents ad litem due to objective reasons not to collect evidence, or the people's court that the evidence necessary for the trial of the case, the people's court shall investigate and collect. The people's court shall, in accordance with legal procedures, comprehensively, objectively examine and verify evidence.

"Lawyers Law" article thirty-fifth authorized lawyer according to the case of need, may apply to the people's Procuratorate, the people's court for the collection, investigation and evidence obtainment or apply to the people's court to inform the witnesses to testify in court. Attorney to investigate the evidence, with lawyers and law firms practicing certificate to prove, to investigate relevant units or individuals undertaking legal matters with the situation.

"Marriage law" forty-sixth article has one of the following cases, 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. (Hu Yue, Sina micro-blog@Hu Yue lawyers)

 

1282, q:7On 22DayIn late six, Sichuan nationals Zhong Xinglin in Shunde Lecong, suspected of gambling was swept, catch a falling clock, death to rescue three hours, more than ten people were arrested in Lecong police station. 25Day, the parents, wife and near relatives from Sichuan to Shunde, a total of 10 to Gate District Public Security Bureau reason for the death still said, no excesses, late that day five when make, all the relatives were arrested, second days out some old man, his wife and others still in custody. There are two children watch in the home agent, please help this family, his wife can no longer afford15Days of detention. Kneel to thank!! As adults, the police have the power to detain the relatives?

Answer: according to what you said, their families if no actions against the police to perform their duties, police have no right to detain the family. The crime of illegal detention refers to the illegal detention, detention or other methods, illegal deprivation of personal liberty right behavior. "Criminal law" 238th illegal detention of a person or other unlawful deprivation of personal freedom of others, is less than three years imprisonment, criminal detention, control or deprivation of political rights. Having beaten, insult the plot, he shall be given a heavier punishment.

The crime mentioned in the preceding paragraph, causing serious injury, three years and ten years in prison;Causing death, more than ten years in prison. The use of violence cause disability, death, in accordance with the provisions of law 234Th, article 232nd convicted and punished. For repayment of the debt illegal arrest, detention of a person, shall be punished in accordance with the provisions of the preceding two paragraphs. The State functionary commits the crime in the preceding three paragraphs, in accordance with the provisions of the preceding three paragraphs shall be given a heavier punishment. Because of its family members detained time has exceeded24Hours, according to the Supreme People's Procuratorate "about directly accepted by the people's procuratorates shall place the case on file for investigation cases on file standards (for Trial Implementation)" (199．9．9High words (hair1999)2No.) the State functionary carry encroaches upon the citizen personal rights, democratic rights in criminal cases the State functionary carry illegal detention (article238The crime of illegal detention) refers to the custody or other compulsory unlawful deprivation of personal liberty of others behavior. Workers of state organs who allegedly used his powers to illegal detention, with one of the following circumstances, should be placed on file:

Illegal detention lasted more than24Hours of the police has no right to detain the family. Yang Gou.

 

1283, q:I have additional questions, the house had been for ten years, now the house Water Leakage are developers repair? In addition they installed in the area within the camera resolution is very low, my car was scraped after saw the process but can not see the license plate, the blame, if he is not responsible for, can this be grounds for refusal to pay the property management fee. I don't want to do not pay property fees, only the services they offer is unsatisfactory. Small private construction overbuild is especially serious, they may. And my car started railing broke. Through the above problem how do I protect my rights. Thank you!

Answer: A, according to the "commodity residential quality assurance residential and residential use brochures regulations" and "guarantee the quality of housing construction methods" provisions, the warranty period of not less than residential roofing waterproof5Years. According to the "Regulations" sales of commercial property management, real estate developers in the sale of commercial housing, should provide the "residential quality guarantee", developers and owners may be stipulated in the guarantee of housing warranty, the warranty period, the warranty responsibility for the contents, namely double side can be agreed at5Years of roof waterproofing warranty period. You can flip through the developers in the delivery to the book "residential quality guarantee you", see the document agreed on roof waterproof guarantee period. If agreed warranty period longer than10Years, still should be developers bear the responsibility to repair. (Note: the warranty period from the date of delivery of housing); if no agreement, according to the above provisions that, in your house10Years, roofing has more than the warranty period. At this time, developers no longer bear the responsibility to repair. If the house Water Leakage place is public wall, which belongs to the public sector, you can apply for a special housing repair funds to repair.

If it is not part of the public, which belongs to the exclusive part of your home, you can only own repair.

Two, residential property owners and the company signed with the property services contract, property companies should provide the corresponding service according to the contract. You the camera resolution is low, private construction overbuild serious phenomenon indeed explains to some extent the property companies are not fully meet the obligations of management services, this could be your refused to pay the property charges reasons. But the very rich content services provided by the property company, including the virescence maintenance, cleaning, maintenance of order, security, shared facilities equipment daily operation, maintenance and common parts repair and maintenance etc.. Property companies only in certain areas did not provide good service can't be you refuse to pay fees for all property, i.e. you can refuse to pay the corresponding fees, but not for all. After all, you still accept the other services provided by the property company.

Three, your car was smashed to rotten, essence is the property of the company violated your property, according to the "property management regulations" article thirty-sixth paragraph second of the realty service enterprise fails to perform the contract between the property services, property owners, cause body damage, it shall bear corresponding legal liability according to law. You can request compensation for property companies, but refused to pay property fees to safeguard rights.

Four, "tort liability act" of thirty-seventh 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. If the damages are caused by the behavior of the third people, third people from bear tort liability; the manager or organizer shall bear the corresponding supplementary liability.

As a property company Service Management District, for the district property, personal safety with safety assurance obligation. Your car is others rub, because the camera resolution is low and can not find the vehicle that property company failed to safety assurance obligation, according to the above provisions, property companies should bear the corresponding supplementary liability, compensation is the car was a part of the loss rub.

Five, if you are really on the property of the company is not satisfied, can the dismissal, hiring a new property company. According to the "property management regulations", firing and hiring property company shall be subject to the exclusive part accounted for more than half of the total area of the building owner and half of the total owners consent. So, you the other joint owners proposed to convene a general meeting of owners, to dismiss and selected property companies.

Cheng Chen: micro-blog (Sina-Cheng Chen.

 

1284, q:I would like to ask a question My family house in the decoration A good friend introduced a carpenter to come to my house But he injured his hand while cutting board My friend every day will remind carpentry carefully But the carpenter do lunch together But the carpenter and wife quarrel Estimation is his bad mood Lead to Would he hurt us responsible?

Answer: according to the provisions of tort liability law thirty-fifth: the formation of labor relations between individuals......If the party providing labor services due to service their damage, according to their respective fault shall bear the corresponding liability. Therefore, the damage in the provider woodworking service for you, you shall bear the liability for compensation, but according to the other party has fault, reduce the corresponding compensation liability. As to apportion blame proportion, must be based on analysis of the specific circumstances, such as wood itself is to do careful attention obligation, whether you work for them to provide the necessary protection measures. Of course, if you have evidence to prove that the injury is caused by the intentional woodworking, that you may be exempted from the liability for compensation, or need to bear the liability for compensation, but compensation in proportion to the magnitude of the problem. (Wang Jingbin micro-blog Sina@Major case-Wang Jingbin.

 

1285, q:Hello, my home now has a house with no transfer when buy others now want to transfer him to the Id been in decline not to me, how should I do?

Answer: "property law" the provisions of article ninth, the establishment of real property, alteration, transfer and elimination, registered according to law, come into effect; without registration, no effect. The provisions of article fourteenth, the establishment of real property, alteration, transfer and elimination, in accordance with the law shall be registered, once recorded in the immovable property effect of register. So, you and the seller of the contract has been in force, but before the procedures for transfer of ownership, the ownership of the house did not transfer, suggest you based on the time of the housing contract, require the other party to perform. The other is still refused to perform, in a timely manner to the protection of their rights litigation. Chen Yue.

 

1286, q:AThe company has Chinese agent contract signed with foreign manufacturers, and has been the purchase of domestic goods, pay only half. NowAThe company has reached an agreement with foreign manufacturers, all imported goods for resale toBThe company, byBCompany with foreign manufacturers to sign the agent China authorization (released simultaneouslyAThe company proxy) is responsible for the China national market.ACompany with foreign manufacturers signed remove agency contract, contract will specify the existing debts byBCompany to undertake,AAndBThen sign the debts transfer contract. Excuse me,ACompanies such as operation, whether can avoid debt risk?

Answer: according to the provisions of the contract law article eighty-fourth: the contract in whole or in part to third person, shall be subject to the consent of the creditor. According to your description, your with foreign manufacturers signed contracts of sale agreed obligations, now in your party with foreign manufacturers,BCompany three party consensus when transferred to debt transfer agreementsBCompany. Therefore, after the transfer of debt the debt contract with your company independent. (Wang Jingbin micro-blog Sina@Major case-Wang Jingbin.

 

1287, q:The agreement relocation, my family did not sign, my uncle signed, my family and my uncle have a room is one half of the Demolition Company, around buildings, how to deal with?

Answer: because the information given is unknown, now suppose property registration in the uncle name, then the first qualitative by shares, secondly, the real estate registration in the name of uncle, the uncle is the real master, this problem in a total internal relations, unless there is otherwise agreed, by a total of someone to share the creditor's rights, the exercise of rights by a co owner shall submit to the other co owners to pay its share should be entitled to share. This room as long as the uncle agreed to remove, can remove. If needed, please consult again (Sun Jin)

 

1288, q:I want to ask a lower Gauley Is it right? Crime? How many more benefits can be sentenced?

Answer: A, "the people's Bank of Chinese banned underground banks and against usury notice" will be more than China announced by the people's Bank financial institutions over the same period, the same grade lending rate (excluding floating)4Borrowing times defined as usury.

Simple usury behavior itself does not violate the criminal law, is not a crime, but more than the law of the interest rate cap interest is invalid. That is, lenders can not require borrowers to pay beyond the financial institutions over the same period, the same grade lending rate (excluding floating)4Times interest.

Two, lending behavior has violated the criminal law, Gregory may constitute a crime. "Criminal law" the 175th stipulation: the lending for the purpose of profit, taking credit funds from a financial institution and relending at others, the larger the amount of illegal gains, is less than three years imprisonment or criminal detention, and the illegal income more than five times the amount of the fine; large, more than three years to seven years in prison the illegal gains, and impose a fine of more than five times the.

Units committing the crime mentioned in the preceding paragraph, it shall be fined, and the person in charge directly responsible and other directly responsible personnel, is less than three years imprisonment or criminal detention.

Three, if it is allowed to establish commercial banks or other financial institutions to put usurious, it may also violate the criminal law, constitute a crime. "Criminal law" article 174th without the approval of the people's Bank China, commercial banks or other financial institutions set up unauthorized, is less than three years imprisonment or criminal detention, a fine or a single twenty thousand yuan two hundred thousand yuan fine; if the circumstances are serious, three years to ten years in prison, a fine of fifty thousand yuan the five hundred thousand yuan fine.

Business license forgery, alteration, transfer of commercial banks or other financial institutions, shall be punished in accordance with the provisions of the preceding paragraph.

Where a unit commits the crime in the preceding two paragraphs, it shall be fined, and the person in charge directly responsible and other directly responsible personnel, shall be punished in accordance with the provisions of the first paragraph. (a morning Sina micro-blog: Major-Cheng Chen.

 

1289, q:Husband wife legal debt have been judged not shared debt, then the husband of negative equity cases wife has the right to get half of property

A: my wife has been determined not to share the debt, the husband to pay debt is personal debt. Personal debt by the debtor to repay of personal property.

If no special agreement, during the existence of marriage relationship, the property is the joint property of husband and wife, the husband and the wife are common. During the existence of marriage between the non use of important reasons, the joint property of husband and wife not to split. Only at the time of divorce, the husband and wife will be common property division, which is one half of.

In this case, the husband the debt is personal debt, supposedly from their personal property to pay, in personal property is insufficient to pay off the case, whether the payment by the joint property of husband and wife? In two cases.

First, if the husband and wife two people decided to get a divorce, then to the common property of husband and wife is split, one half. Half of the husband can only use segmentation to property to pay debts. And his wife could get half of property.

Second, if the husband and wife two people not to divorce, the marital relationship continues to exist, the non important reasons may not request for the division of joint property of husband and wife. "Three" during the fourth marriage interpretation of the marriage law, one of the spouses request for the division of common property, the people's court shall not support, except for the following important reasons and does not damage the interests of creditors: (a) a hidden, transfer, sale, damage, with Hof wife common property or forge the conjugal debt such serious damage to the joint property of husband and wife interests; (two) a square have a statutory obligation to people suffering from serious illness need treatment, the other party does not agree to pay medical expenses.

In accordance with the above provisions, in this case if not divorce, the wife may not require the division of property. At this time, to solve the problem that negotiation, which retains part of the wife's share in the common property of husband, remaining to repay debt. That lawyer. (a morning Sina micro-blog: Major-Cheng Chen.

 

1290, q:Hello. I have a little something to consultation, if the delay your time to apologize to you. I have a complaint to the Supreme Court case in August last year, this year the query message, then inform, issued to the lower court certiorari letter already, but the lower court said the second intermediate people's court did not return records, both parties mutually making excuses, harm I run two, confused. Excuse me, how can I do ah? This is a violation of my rights? Urgent. Thank you.

Answer: the second instance court hearing the case, will first file back to the court of first instance, the court of second instance of the query can go to the record room, record room will have written records that when the file is sent back to the court of first instance, the second instance judges have also written case register, to record the file had been returned to the record room. The file had been returned to the court of first instance, the two level courts would have written records, need to be signed, can go to the record room query. And the judges, query file where. Otherwise, can go to a higher court needs supervision. (Si Huali, Sina micro-blog@Law-Si Huali.

 

1291, q:Hello, I am a labor bank Chinese Beijing dispatched workers, have been working for ten years.7Month1The new labour law to demand equal pay for equal work, so far our wages, subsidies or formal workers have differences, we should how adults? The dispatch system is legal? If issued to us and its subsidiary bank of China insurance contract compliance? Thank you very much

A: your job is temporary, BOC alternative, auxiliary job,If you do not belong to that BoC is illegal,The complaints to the local labor department.2Now, equal pay for equal work"Reward"The concept is not clear,If the mean wage,You claim that wage subsidies they shall be formal employee of silver,If these conventions in the labor contract,And you're not,Then you can ask treatment consistent,If no subsidies or the labor contract agreed,Your claim is difficult to obtain the support. If the return as compensation,Then according to the crime of refusing to pay the remuneration of judicial interpretation,Regardless of the formal labor contract or agreement,You may request the same treatment. Suggest that you brought to arbitration to the local labor dispute arbitration committee.3If the bank will send you again,It is illegal to the labor contract law,Complaints to the local labor supervision department. (Wang Hongyi Sina micro-blog labor supervision@The earliest80)

 

1292Q: I am Ren Yingzhi, Nanjing Jiangxinzhou town Jianye District East2Group of villagers. In this region of2013Years4Month19Day began demolition, the public in the "expropriation and demolition project approval notice" no "demolition notice" publicity "......"As stated in the notice is"Nanjing Youth Olympic forest land for the project""Nanjing, the basis for City Hall263Article,61Text and61The implementation rules ", the expropriation of rural collective land, a large property permits my courtyard house (parents) in two separate account number is two5The population of all400Square three storey houses.
  After two times of negotiations about1First, after the demolition compensation, signed the "door" and then signed big single relocation agreement and compensation;2The compensation scheme, oral:Two different160And180Square affordable housing replacement (the area of demolition, direct the purchase), plus about40~50Million compensation (removal of incentives, population, the super size compensation part of the compensation);3If households elsewhere, enjoy the demolition resettlement housing, the demolition resettlement housing by not, all900Yuan price compensation. Ask the lawyers involved in the lawsuit is in the process of steal open has been restricted, and the negotiations said I have been housing demolition resettlement compensation problem, whether there is a basis or myth? Thank you.

Answer:The first relates to the legal problems, collective land and land expropriation, there should be a district government land acquisition documents, project documents, construction land planning permits three files, these files can apply for government information publicity, to achieve, to "levy demolition plan approval notice" you may apply for an administrative reconsideration or litigation, the revocation of the notice, from the following aspects:1Land requisition approval procedures, illegal, land acquisition before will use, land location, standard of compensation, resettlement way told farmers whose land has been expropriated, nor will the investigation status of the land expropriated farmers confirmation results, more did not inform the land expropriated farmers the right to hearing;2Land expropriation, the unit not to lose personnel shall make reasonable compensation and resettlement, also did not implement the social security costs, should first sign after the demolition, and the first down after signing cannot ensure that the interests of farmers, this situation clearly illegal approval of land requisition; land law in accordance with the provisions of compensation project, you can obtain the land compensation fees(This indirectly to you)Compensation fees, resettlement,Young charges, ground attachments expenses. Suggest you entrust professional lawyers involved in rights, argued that, in order to obtain a satisfactory compensation. (Wu Yongbo lawyer,Sina micro-blog@Major case.Wu Yongbo lawyer)

                                       

 

1293Q: consult, we built the bridge in Fujian, a high-speed road now project ended, because the contract is another sign, we found in the settlement contract only our signature, and the contents of the contract on the contract price in writing, the confusion is a process unit content is the two step, very unreasonable, to our very adverse, this contract is a valid contract? If the court what should we do? Thank you very much. I hope you can spare the time to reply in the busy work!

Answer:The contract as long as the true meaning is expressed with full civil behavior of both sides, as long as the contract is not a party to fraud, duress, damage the interests of the state; malicious collusion, damage the interests of the state, the collective or the third person; in the form of legal cover up illegal purpose; damage the public interests of the society; in violation of laws, administrative regulations of the mandatory provisions the situation, generally recognized as a valid contract, although you one signature, the other can be retroactive, and you have the actual performance of the contract, the contract shall be valid contract. If you have any objection to the contents of the contract, to negotiate the contract contents changes with each other, if there is misunderstanding contract; at the conclusion of the contract unconscionability; a party to fraud, coercion, or position of vulnerability, so that the other party in violation of the true meaning of set contract, your party shall have the right to request the people's court or an arbitration institution change or cancellation of, pay attention to revoke the contract for a period of one year, if your project is over, now again to cancel the contract, is very difficult, recommendations or negotiation. (Wu Yongbo lawyer,Sina micro-blog@Major case.Wu Yongbo lawyer)

 

1294Ask: Hello, I want to consult a lawyer, legal issues. A year ago I and husband divorce agreement, the daughter3Month, in my custody until18Years old, ex husband did not pay alimony said no money, then the agreement written two years later to pay proper maintenance, he didn't see his daughter, did not have a penny. But now the daughter15Months, he suddenly raised to the daughter to him. I am very worried, if he sues daughter to him? Suddenly he took his daughter away. How to do? The agreement say children by my upbringing to18Years old, will not have what mishap, or am I to entertain imaginary or groundless fears? Because he is extremely manic I fear he made what extreme things, so I worry about day and night, hope to get your reply, thank you.

Answer:Your ex husband has the right to sue change custody, but daughter2Years of age, and he has failed to pay alimony, so irresponsible attitude, in your ability to raise no major changes in the circumstances, the court will not support his. Don't worry, finally is saved each other not to pay alimony evidence, can entrust a lawyer to send lawyer letter to each other for support. (Wu Yongbo lawyer,Sina micro-blog@Major case.Wu Yongbo lawyer)

 

1295, Q: my home is in rural areas, are now ready to build a house, just put the old house off today, ready to start, but the neighbors fuss, not to let the house cover, before this he has coordinated, his old house now because, the walls are covered in the house in the home, I agreed to let he put the church roof on my land, two between the alley is the house, but he is not to let the house to him half, CunZhiShu also threatened my family did not give him will never let my house, I would like to ask, what method can be solved?

Answer:If you are not in the Wei negotiation, may apply to the local town government judicial mediation to resolve the organization reflects the situation, come from the justice, if not treated, can sue to the court to request the other party to eliminate the nuisance, deal with the problem. (Wu Yongbo lawyer,Sina micro-blog@Major case.Wu Yongbo lawyer)

 

1296Q: the school has departments for student campus card on the head and I don't like, then forcibly detained my campus card, would violate the rights of students? Thank you

Answer: the school as a business unit has independent status of legal person, and among students is the management and the management of the relationship. According to the "Education Law" article28The school regulations, independent management according to the right. According to the "Education Law" article42A, the educated have participated in various activities of teaching plan and arrangement, the use of teaching facilities, equipment, library rights. I shall see you describe the facts, the school administration if it is based on the rules of the school to detain you campus card, shall have the right to act. You have the right to appeal to the school. But the campus card in cash, you belong to the private property, the school has no right to dispose of, you have the right to request the return of the school. Ming Hua.

1297Ask: Hello, Wenzhou, Cangnan2010Year plan to build the South Ring Road, next to us Yu Tang Kou Cun this relocation is a house for a foundation built, and we Yang Gong Cun, my house50The square was to be45Square for reference to1:4Compensation180Square, and this180Square to50Million to buy. The villagers don't agree, for the same item of the same policy. The authorities say they are2012Agreement is no such policy now, can12They didn't let us sign an agreement. It can ask the same policy, and how to claim for compensation. And the do in1992Years of aerial photography shall prevail,1992After belonging to the illegal construction without compensation, this policy?

Answer: first of all, the road is built in 2010 planning, therefore, in 1992 the aerial map accurate recognition should be compensation for housing and non housing compensation unreasonable; secondly, compensation standards, must highlight the fair and reasonable principle, the same situation the same treatment, specific criteria you can negotiate, but will you 50 square house in accordance with the 45 square meters of standard compensation obviously wrong, can't promise. Finally, in accordance with the provisions of the land law, compensation project you can get land compensation fees(This indirectly to you)Compensation fees, resettlement,Young charges, ground attachments expenses. Suggest you argue with the demolition, negotiation, in order to obtain a satisfactory compensation. Travel.

 

1298, Q: Hi, I want to consult a problem. A worker fell from the ladder, hand fracture. The reason is the workers themselves did not completely fixed ladder. Before the contractor warned him, pay attention to the fixed later labor contractor went out. People can testify. Do not sign any contract between them! The contractor has to ten thousand to the injured, do now is how to deal with? This thing is labor contractor should bear the responsibility??

Answer:The employee suffers from a personal injury when engaged in employment, the employer shall bear the liability for compensation. The employees engaged in employment activities for production safety accident suffers from a personal injury, contractor, subcontractor knows or ought to know the accepted contract or subcontract business employer does not have the corresponding qualifications or conditions for safe production, it shall bear joint and several liability with the employer. Visible, the contractor should assume responsibility, contracting party at fault shall bear joint and several liability. (Wu Yongbo lawyer,Sina micro-blog@Major case.Wu Yongbo lawyer)

 

1299Ask: the company, without notice, the calendar year share a month's salary reduced or eliminated, legal, employees can put the arbitration?

Answer:The company shall not arbitrarily reduce the standard wage workers, the company did not provide the new salary management system, has been with you through the assembly of employee representatives by consensus or, the salary management system is not binding on you. The company to lower wages, damage to your interests, can solve to the local labor bureau of labor inspection team complaints, can not solve, can apply for labor arbitration rights. (Wu Yongbo lawyer,Sina micro-blog@Major case.Wu Yongbo lawyer)

 

1300Ask: Excuse me, labor wages equal pay for equal work Is it right? Mandatory

Answer: the dispatch of labor wage equal pay for equal work is mandatory. "Labor contract law" the article63For the problem of labor dispatching of equal pay for equal work of the relevant provisions, requires the dispatched workers and other laborers in the unit shall enjoy the right to equal pay for equal work. And the Ministry has also formulated and issued the "measures for the implementation of administrative licensing" labor dispatch.

    Equal pay for equal work is their constitutional rights, must implement the. For the workers to be dispatched, the employer has the same position, the labor remuneration should be roughly the same; no similar positions, with reference to the labor remuneration unit location of laborers in the same or similar position determination. (small Liao, Sina micro-blog@Feng Jun)

    

1301Q:, for legal aid. The rural land in the end by the account to allocate or by law genealogy assignment?

Answer: the household as a unit, according to the population division. (Zhiqiu guest, Sina micro-blog@Major Zhiqiu guest)

 

1302Work in the company, ask9Years of sales, in the face of company injustice, whether go-slow so I fired the employing unit, in order to get compensation? Thank you

Answer: Hello, my personal opinion is: first of all, you can find the company to settle.

Secondly, your behavior is not desirable. According to "people's Republic of China Labor Law":

Workers in any of the following circumstances, the employer may terminate the labor contract:

(a) proved during the probation period does not meet the conditions of employment;

(two) a serious breach of labor discipline or the regulations of the employer;

(three) a serious dereliction of duty, engage in malpractices for selfish ends, causing major damage to the interests of the employing unit;

(four) were investigated for criminal responsibility according to law.

Any of the following circumstances, the employer may terminate the labor contract, but shall be thirty days in advance notice to the worker in written form:

(a) the employee is sick or non work related injury, medical treatment, not in the original work can not be engaged in be arranged by the employing unit of work;

(two) the worker can not do the work, after training or adjustment to work, still not qualified for the job;

(three) the basis for the conclusion of the labor contract changes, so that the original labor contract can not be fulfilled, the parties shall negotiate an agreement not to change the labor contract.

Therefore, if the company according to law, be you for repeated units in violation of regulations, may propose to terminate the labor contract. The evidence collection of:"1Rules and regulations are published, and inform the staff;2The written testimony, employees in violation of the unit system, can make the relevant personnel to prove. Or every time issued a warning notice, require employees to sign, the document shall be deemed to." So the company can directly dismiss you or advance30Mumbo-jumbo notice you I will not have the compensation obligation.

On the other, in a talk with your case and similar cases, for go-slow hoped obtains the company compensation, the court shall not support. The court's opinion: "the court thinks, the employee seriously violates the rules and regulations of the employer, the employer may terminate the labor contract. Li Chengshun repeatedly violates the rules and regulations, affecting the Xinhua company production order, therefore Xinhua company in accordance with the relevant provisions of the employee handbook and the termination of labor relations is not inappropriate, but Xinhua is reported in the Union were dismissed for its decision, the provisions of the company to terminate the labor contract procedures in accordance with laws and regulations. The court dismissed all claims: Li ChengshunHttp://www.chinahrd.net/employee-relations/labour-disputes/2011/0425/132233.html(Ji Jiabao micro-blog Sina@Baldeagle-freeman)

 

1303Ask: Hello: I bought a new house in Huadu District of Guangzhou city this year, just to the floor3During the months under renovation, the elevator is currently being used often have problems, can you tell me how to ensure that the use of electricity, safeguarding security?

Answer:Can reflect the situation to the Property Management Company and the developers require repair, elevator, if not resolved, to Huadu District Quality Supervision Bureau complaints to the problem, for safety inspection by the Quality Supervision Bureau, eliminate security risks. (Wu Yongbo lawyer,Sina micro-blog@Major case.Wu Yongbo lawyer)

 

1304Question: bought a set of commercial housing, is10Years to pay real, I just decoration building this year, no fire hydrant, do not know how adults, worried all the owners live in the safety of the ground! I hope you can receive this message, the project is located in the city of Sichuan Province Suining City canopy Xi county.

Answer: the "Fire Law" Tenth stipulates: for fire control design for construction project according to the state technical standards on fire control for engineering construction, must be approved by the public security fire control institutions conduct fire control acceptance; without approval or considered unqualified, shall not be put into use. You say on the issue, developers should be required to provide proof fire acceptance, if not, he may claim the commercial housing is not qualified, can request return a house, liquidated damages and safeguard measures, (Zhiqiu guest, Sina micro-blog@Major case Zhiqiu guest)

 

1305Ask: Hello! For help, I'm in Gansu rural areas because of their own and around the relatives and friends didn't know so helpful to you, my sister was born in88For years08In Gansu local matchmaking87Years outside the village-Men to marry, then only do catering, has not to do the marriage certificate. In theO9Years old-My daughter has more than three year old child do not birth certificate no account. Two people in marriage-Straight from time to time to quarrel, recently more serious mainly because man work all day drinking, playing cards, who borrow usury was no place to escape, with the wife sitting on almost. In March this year, the pregnant wife arm screw dislocation. Therefore all my sister decided to divorce. But the encounter is:We the woman to child custody, that none of the child care capacity. To draw to at that time married the man gave us fifty thousand yuan betrothal gifts, and child support payments, the man now rob children, also we give money, we do not know what to do for the child, we raised, we prefer not to raise fees, what all don't. Children up to three years old never bought milk for the children.. Seeking answers, court to inform sister tomorrow to go to court mediation. Several times with the court of people who supported his. My sister would rather die than to children-Play. Sister in Zhuanglang County of Gansu Province

Answer:1According to the "marriage law explain (a)" the provisions of article fifth, if the two sides not to apply for marriage registration and live together as husband and wife sex, sued to the court for a divorce,....Both men and women meet the substantial conditions of marriage, the people's court shall inform the admissibility of re registration of marriage; not re registration of marriage, by processing the cohabitation between. In this case, both sides have substantial conditions that conform to the marriage, divorce party sues to the court, the court has the duty to inform them to go through the procedure. Otherwise, only by the cohabitation the case. Unable to handle the case of divorce cases. Otherwise, suspected of illegal procedure for.2Betrothal gifts, according to the "marriage law" provisions of article tenth (two) of the first item, "the parties to request the return of the betrothal gifts custom payment, if identified as belonging to the following situations, the people's court shall support. (a) the two sides did not go through the formalities for registration of marriage ", because your sister's situation belongs to the above situation, the return of betrothal gifts request by the court to support the higher.3A child custody for problems, according to the relevant provisions and interpretation, your sister should prove in raising the advantages, such as income, such as character, etc.. Bad behavior evidence collected at the same time, the other through the recording, the testimony of witnesses and other forms of fixing the evidence, and strive to safeguard the legitimate rights and interests of your sister. (Li Chengfa, Sina micro-blog@Major case-Li Chengfa.

 

1306Ask: Hello, I have a case to guarantee to the Advisory to show long machinery company with bank loans to real estate Guarantee Corporation gave him a guarantee to the term of the contract is20120601~20130601To green housing guarantee and found four counter guarantor to the three person is Zhanlong corporate representative of a family of three - plus my uncle to a total of4A counter guarantor to now this exhibition company went bankrupt to green housing Guarantee Corporation repayment to the bank - now with counter guarantor recourse to green housing guarantee20130513Prosecution to property preservation of civil ruling is2013Years5Month20Number to make that a family of three, parents can not find people to the only child in the work of police station to contract to then is my uncle...... Now how do ah ~ only his personal pay it?This exhibition company in order to evade debts to the company name and legal representative change several times to this film does not affect the validity of the guarantee contract?The place is Qingdao

Answer: if the guarantee contract, shall bear the liability of guarantee. Scope of warranty in the contract shall prevail. Company name change, change of the legal representative, generally do not affect the rights and obligations, undertake ltd.. If there is a transfer of concealment of assets and other acts, should be to avoid debt may. (Zhiqiu guest, Sina micro-blog@Major Zhiqiu guest)

 

1307, Q: Hi, lawyer, I want to ask my father before private furniture factory, because of losses, liabilities business failures, so those who come to the town court, and after hearing my three building to3.5Million yuan auction to a Zhoushan town village outside the town, the case is98Years of trial, the auction house far below the prevailing market price, but it is understood the non Town Village may not buy the town property to settle, we buy lawyer who has the original court trial property repair, I also wonder why the court not to plant sold to the public but sold at such a low price real estate? Now, what method can property purchase back? Can at the market price to buy it, if the buyers do not want to do? Court hearing civil cases have what basis? To hear I think this case is not reasonable? Hope reply, thank you! I Zhejiang Zhoushan citizens

Answer: the parties to apply for a retrial, the judgment, ruling shall take legal effect within six months proposed; but if the following circumstances self aware or should be made within six months to know the day:1, there is new evidence, to reverse the original judgment, ruling;2The main evidence, the original judgment, ruling to find the facts is false;3According to legal documents, in order to make the original judgment, ruling is revoked or changed,4The trial of the case, take bribes, play favouritism and commit irregularities, perverted the law behavior. In view of your cases over the years, as did comply with the above four, but there is evidence that from that date not exceeding6Months before they can apply for a retrial. (Zhiqiu guest, Sina micro-blog@Major Zhiqiu guest)

 

1308Q: I recently, a company. Salary is considerable, but did not sign labor contracts, and no social security. I want to consult, sign labor contract is not lawful? If you pay social security, should how to pay?

Answer:1, according to the labor contract law, must sign a written labor contract.

2The labor contract, the significance is to protect your legal rights, once a dispute, can be solved according to the labor contract.

3If not, the labor contract, is not conducive to your rights. Pay considerable is good, but in the long run, suggest you sign labor contract.

4, sign labor contracts, units have the obligation to give you to pay social security. Because it is not signed labor contracts, not for you to pay social security, pay considerable. The benefit comes, after all, from a price one has paid.

5If you pay, social security, to look at your local conditions, you can go to the local social security department consultation.

6Finally, suggest you re signed labor contracts, to protect their legitimate rights and interests.

7, after signing the contract, they leave a copy. (Jing Hao, Sina micro-blog@King Mu Siyu)

 

1309Ask: our home, is the reorganization of the family. My mother and I, and my dad3A sister. My father wanted to include the name of the property to my mother, the gift is for good, or make a little better? Given how to handle? Where to? What documents to bring? The same question. There is a need for wills or grant their presence? Or just my parents two people can go to? The process would need to pay tax, the tax can levy? The house of my father's purchase is ten thousand yuan. House70Square. About how much to pay taxes

Answer: the property as a gift to the two sides signed the contract of gift, and to the notary office to grant legalization, and then a gift both personal identity, property certificate, notarized grant contracts to the housing authority for the transfer procedures. But for a way, need parents to your two to the notary office, the notary witnessed wills, probate and handle, do not need other children at. In the decedent died, or where a testamentary successor with the death certificate, notarial will, property cards, personal identity, and other related documents to the housing authority for inheritance procedures.

    The gift tax mainly includes: (1The notary fees): Housing assessment price2%(2) taxes; general for housing assessment price1.5%(3Stamp duty): Housing assessment price0.05%(4The registration fee):100Yuan (5) assessment fees: General for housing assessment price5%.

    Inheritance tax (including1Notarization fee):200To400Yuan (specific advice to local notary office ()2Stamp duty): Housing assessment price0.05%(3The registration fee):100Yuan (4) assessment fees: General for housing assessment price5%. Your mother is the legal heir of the inheritance, real estate, avoid taxes,

    By comparison, the notary Testament inheritance way, can save the notary fees and taxes, but the specific cost standards recommend you consult the local housing authority and the notary office, and then decide how to handle. (Du Hongtao, Sina micro-blog@Major case-Du Hongtao.

 

1310Q: friends, parents do not owe, now can not find a person. How to solve the problem through legal channels?

Answer:1Keep a note, bank transfer voucher and other original evidence to the court, if the court does not find each other, the court will be served by public announcement, announcement period60Day, upon expiration of the term of the service shall be deemed completed, then arrange the date of the hearing;

2Check whether there are other property, if they have a car and a house and other property may apply to the court for property preservation, freezing the property sealed up to ensure that the property is not transferred. (Chen Fucai, Sina micro-blog@Financial SecretaryCFC)

 

1311, Q: Hello, a relative to do beauty, in my uninformed, let me do the membership card, and now I am a copy of ID card and passbook, what are the risks for me? Thank you.

Answer:1The general membership card is not required Id photocopy, some can only ID number, but require the passbook is unbelievable. Suggest that you ask your relatives coming to use, and whether you with the trust decision based on.

2Reminder: the relevant documents about the identity card, driving license and other proof of their identity, suggestions don't give to others, even if it is a copy; a passbook, bank cards and other property certificate should be more properly. (Chen Fucai, Sina micro-blog@Financial SecretaryCFC)

 

1312, ask: Hello, my contract Tian (a certificate) original and adjacent to another farmer group, there is a boundary. Is a small ditch. After the team will be a part of me Tian illegal division to adjacent farmer, he put the original boundary destroy, but still some traces, i.e. the ridge ditch after leaving the gap. I report to the town government complaint, the town government ordered to return. The other (the leader) don't recognize the obvious gap, non stick to measure determine the original boundary. Think through the measurement error less I households field. Office of the comprehensive management of the government some time ago to town and village by village, after discussion, Group Co5People interested in carrying I draw the line, (although less I, line without ridge gap) nobody to the fields in the delimitation. Second days give me a written notice, said by the town, village, group jointly designated a line, Tian returned I, finally signed unit is the village committee, the town of comprehensive management office. I want to ask:

1Draw the line, is a land ownership dispute, the land management law by the people's Government of a township land ownership, this is the administrative behavior. Village, group of non personnel is not the main implementation of administrative act is suspected of illegal administrative?

2My family is a direct, the rights of the party, only one party (leader), intended to carry me cause I households households right, supervision right can not be guaranteed, and no production of legal documents for delivery, without telling me against the administrative relief right and limitation of claim, against my defense, right of relief, this is whether the alleged illegal procedure?

3My family, is violated, boundary is the other party (person) destroyed, my family burden of proof on the boundary of old traces which have beneficial rights results?

4According to the actual situation, the delimitation of behavior of the town government is suspected of illegal procedure? Thank you.

Answer: first of all,The villagers team will you have legal ownership contract the ground to adjacent the behavior of households, null and void, the town government also ordered to return. Have you the problem now is that the ownership of the land.

Secondly, in accordance with the law, between you and the adjacent rural land tenure disputes, in accordance with the law by the people's governments at the township level. Therefore, the office of the comprehensive management of town government and village committee to inform you, the last was signed the town government and the villagers Committee comprehensive management office, instead of the Township People's government. Therefore, null and void. So all the procedures that the behavior in the process of law, there is no need to say.

In summary, the comprehensive management of the town government office of the right to the use of the adjacent dispute between you and the land of farmers in accordance with the law invalid. You can continue to find the Township People's government or the people's government at the county level. In the land use rights prior to the resolution of the dispute, no party shall alter the status of land utilization. (lawyer)

 

1313, Q: I was pregnant for four months now, but the husband wants to divorce me. What should I do?

Answer: after a year when his wife is pregnant, delivery or pregnancy termination within six months, the husband may not apply for divorce. Divorce, or the people's court deems it necessary to accept the divorce request, this restriction does not apply to.

If there are special circumstances, such as the woman's pregnancy with others for adultery, the people's court deems it necessary to accept the divorce, can request.

Of course, you are now the situation so from a legal point of view to solve a certain limitations, you also need to consider your present relationship with the relevant legal provisions to protect your rights. Take care. Sina (micro-blog@Feng Jun)

 

1314, Q: dear teachers: ask: my father is a retired Zhuzhou railway workers, has been living in the unit36Square house, later because of my sister and I have grown up, and so on88Years and90Years have been built, pig house, kitchen, toilet. After my wedding,2000I and wife (all railway workers, work in Changsha) occupied a no one lives36Flat house to live now. Because of the railway, unit room to be torn down, problem:1My wife and I, as the account in Changsha Changsha, work can enjoy subsidies for it (in accordance with the provisions of1,30In the event of A.2In Zhuzhou, residents)?2The house we live in, we take the10For many years, in accordance with the minimum requirements, we can enjoy what treatment?3, how to maximize the benefits? Thank you.

Answer: according to the new regulations, object relocation compensation is the property owner. The lessee without provisions. The old regulations of the compensation of the lessee, but has been expressly abolished. As for the capitation fees are self imposed by governments around the world, so this problem should consult the relevant local government departments. (Zhiqiu guest, Sina micro-blog@Major Zhiqiu guest)

 

1315, Q: Hi, consult Is it right? Computer hacker attacks to bear criminal responsibility? How to define whether or not to bear criminal responsibility?

Answer: 1According to the "criminal law" article 285th [illegal invasion of computer information system;Illegal access to computer information system data, illegal control of blame of computer information system;Provide invasion, illegal control of computer information systems program, tool] crime in violation of state regulations, invades the computer information system in national affairs, national defense construction, sophisticated science and technology, is less than three years imprisonment or criminal detention.

The computer system is the invasion of above three kinds of field, whether serious or not, constituted the crime of illegal invasion of computer systems, is less than three years imprisonment or criminal detention.

2In violation of state regulations, computer information system into the provisions of the preceding paragraph or using other techniques, access to storage, processing or transmission of the computer information system data, or the implementation of illegal control of the computer information system, if the circumstances are serious, is less than three years imprisonment or criminal detention, or be fined;If the circumstances are especially serious, department for more than three years of less than seven years imprisonment, fined.

Provide specialized for invasion, illegal control of computer information systems program, tools, or knowingly committing crimes invasion, illegal control of computer information systems and provider, as its tool, if the circumstances are serious, shall be punished in accordance with the provisions of the preceding paragraph.

Article 286th [destroy blame of computer information system] in violation of state regulations, the functions of the computer information system, modify, delete, increase of interference, resulting in the computer information system can not operate normally, if the consequences are serious, is less than five years imprisonment or criminal detention;The consequences are especially serious, department for more than five years in prison.

Violation of the provisions of the state, the computer information system in storage, processing or transmission of data and applications to delete, modify, add operation, if the consequences are serious, shall be punished in accordance with the provisions of the preceding paragraph.

Intentionally making, dissemination of computer viruses and other destructive procedures, affecting the normal operation of the computer system, if the consequences are serious, shall be punished in accordance with the provisions of the first paragraph.

Article 287th [the implementation of computer crime provisions] that uses a computer for financial fraud, theft, corruption, embezzlement, theft of state secrets or other crimes, be convicted and punished in accordance with the relevant provisions of this law.

3On the identification of the serious circumstances, all standards are different, is generally based on the losses caused by the determination of the amount of crime. (Lei Wenxia, Sina micro-blog@Haven't seen pork haven't learned pig run)

 

1316Q: a migrant children, because did not sign a contract arbitration win compensation, and be sued the magazine. The teacher, the plaintiff is advertising company (is actually a magazine one, investors and the same set of bodies) and the magazine is no domestic issue of Illegal Periodicals (advertising contract, subscription) in this case the plaintiff's claim is invalid? Consult.

Answer:1, litigation request does not exist is invalid or valid this view, only the parties to put forward the corresponding evidence to prove his claim is reasonable and legitimate, can obtain the arbitration institution or the support of the court.

2Now, before the arbitration has to obtain compensation, advertising company has the qualification of employment subject to legal, advertising companies and workers are generated during the existence of the labor relations disputes, can apply for labor arbitration to the local labor dispute arbitration committee for arbitration time period, whether for non law journal is not involved in a labor dispute to. As for the advertising company to put forward the request for arbitration to the Arbitration Commission was established and the support, a look at the relevant facts and evidence of the other party, secondly to see whether there is a corresponding legal basis. (Wang Xiaotang, Sina micro-blog@Major case-Wang Xiaotang.

 

1317Ask: Hello, big, I want to ask a question, as my friend's experience!
Dear, my friend years ago through to understand her, and hasty engagement, took4More money as a "dry ceremony" soon the man feel not and other life together will want to return this marriage (at this time also not married, but between the two sides had sex)
In our hometown custom is the active break off an engagement, the woman gave the dry ceremony not to return, the initiative back, to return the money
I think it's the custom, not law, and to the unfair, if the man wants to break off an engagement and wanted to pass laws to the2/3Money, not much chance to win (the man the woman received4Million telephone recording, and there are many witnesses can prove! I know if I do "moral")

Answer: according to the marriage law judicial interpretation, the two sides have not yet handle marriage registration procedures, a request the return of betrothal gifts, the court shall support. Therefore, your friend proper court for the return (according to law@Major case-Li Chengfa.

1318 , ask: Hello, I want to consult, the warrant after the next day opening sentence. Hope to receive your reply. Thank you

Answer: the Procuratorate approved the arrest even after experiencing the process is: the investigation by the public security organ, the procuratorial organs prosecution, the court to review the decision hearing.

Not all of the arrest of a criminal suspect will experience the court trial procedures. The public security organs in the conclusion of the investigation found no criminal responsibility shall be investigated for criminal suspects, will withdraw the case and release the suspect; the prosecution in the prosecution, shall be investigated for criminal suspects found no criminal responsibility, will make the decision not to initiate a prosecution and release the criminal suspect.

 For one, the investigation and custody

"Investigation detain deadline of criminal procedure law" 154th arrested to of a criminal suspect shall not exceed two months. The case is complex, cannot be concluded within the time limit of the case, may be extended by one month after the approval of the people's Procuratorate at the next higher level. (2+1)

Article 156th the following cases in the 154th article of this law the expiration of the time limit prescribed investigation cannot be concluded by the provincial, autonomous region, municipality directly under the central government, the people's Procuratorate approval or decision, an extension of two months may be: (a) major and complicated cases in outlying areas where traffic is very inconvenient; (two) a major crime cases; (three) large grave and complex cases in crime; (four) the crime involving a wide range of major and complicated cases, evidence of the difficulties. (+2)

Article 157th of the criminal suspect may sentenced penalty above ten years, in accordance with the provisions of this law the 156th regulation to extend the time limit expires, still cannot investigate terminative, the provincial, autonomous region, municipality directly under the central government, the people's Procuratorate approval or decision, and may be extended for two months. (+2)

155th because of special reasons, in a long time should not be brought to trial a particularly grave and complex cases, be submitted to the Supreme People's Procuratorate by the Standing Committee of the National People's Congress approved the deferment of trial.

Article 158th in the period of investigation, found the suspect other serious crimes, in accordance with the provisions of law 154th recalculation investigation detain deadline since the day of discovery.

From the above provisions that: Generally speaking, investigation detain deadline for a maximum of7Month. If you have 155th cases, the specific time period of investigation was approved by the National People's Congress Standing committee.

 Two, the conclusion of the investigation, the public security organs shall be investigated for criminal responsibility that criminal suspects, will transfer the case to the procuratorate for examination and prosecution; at the beginning of calculation for examination and prosecution deadline.

Article 169th the people's Procuratorate to the public security organs to the prosecution case, it shall make a decision within one month, major and complex cases, can be extended for half a month. (1+0.5)

Article 171st a people's Procuratorate for examination of cases, the need for supplementary investigation, the public security organ may be returned for supplementary investigation, or conduct the investigation itself.

For supplementary investigation cases, shall complete the supplementary investigation within one month. Supplementary investigation is limited to two times. Supplementary investigation is completed and transferred to the people's Procuratorate, the people's Procuratorate to calculate the time limit for examination and prosecution. (+2)

From the above provisions that: To review the prosecution of the period of detention for a maximum of3A half moon.

Three, procuratorate after prosecution, shall be investigated for criminal responsibility that criminal suspects, will prosecute to the court. The court for prosecution review, with clear criminal facts in the indictment, trial shall be decided.

The case went to the court of law to the court shall not make specific provisions, are generally not very long.

Summary: after the arrest to the court, the longest experience10And a half months.

Cheng Chen: micro-blog (Sina-Cheng Chen.

 

1319, Q: Fujian (rural Hukou) in Hainan, a town in rural farming (one year), the traffic accident death, the death compensation and is dependent for living expenses should be how to calculate the?

Answer: the death compensation in accordance with the seat of the court on appeal by the year of urban residents per capita disposable income per capita income or rural residents, according to twenty years. But more than sixty years of age, the age reduction for each additional one year old years; more than seventy-five years of age, according to five years.2The cost of living dependency maintenance: according to the degree of loss of working ability, according to by the seat of the court last year, per capita consumption expenditure of urban residents and rural residents consumption expenditure per capita standard of living. Dependents were known to be minors, to eighteen years of age; dependents no working ability and no other source of income, the calculation of twenty years. But more than sixty years of age, the age reduction for each additional one year old years; more than seventy-five years of age, according to five years. Be dependent of other dependents, the compensation obligor shall bear the expenses for compensation according to law. Only part of the. Several people were dependent, the total amount of annual compensation does not exceed the previous year of urban residents per capita consumption expenditures or rural residents per capita living consumption expenditure. In this case, the Fujian people in a town of Hainan rural work, should calculate the relevant costs according to the relevant local standards. (@Major case-Li Chengfa.
 

1320Q: in our village, the orange tree is the town bulldozers pushed the how adults in people unknowingly, village cadres should know. The village was pushed dozens of acres. The land is said to set up factories, people should be how to do?

Answer: the town government will cause the orange tree onto the is land expropriation. According to the "land administration law", the scope of compensation for expropriation of collectively owned land is: the land compensation fees, resettlement grants and ground attachments and young crops compensation fee. The orange tree is young, compensation shall be made. Standard of compensation by the provinces, city, autonomous region regulations, each of the cities will introduce appropriate compensation standards.

You can do now is to collect the orange tree is pushed to the evidence (photo), the number of clear is pushed to the orange tree (calculation quantity, can ask to be notarized notary). Then, you will find the town where the municipal about rural land expropriation compensation standard and amount of compensation for young crops, calculated according to the number of the orange trees and compensation standards.

Land expropriation compensation, in addition to young charges, compensation fees attached to compensation for land compensation fees, resettlement compensation fees and ground, you can claim to wait until the compensation program. We must preserve good evidence. (a morning Sina micro-blog: Major-Cheng Chen.

 

1321Ask: Excuse me, a bike or rear end in the truck, resulting in one death is a motorcycle, truck drivers have a responsibility? Go to the traffic police brigade responsibility how to divide?

Answer: for the standard all over the division of responsibilities of road traffic accidents in the standards are not the same, and not a national unified standard. Suggest that you call the police as soon as possible, by the traffic police division responsible for the accident, produce traffic accident. With the certificate, you can choose the way to solve the dispute mediation, lawsuit. (a morning Sina micro-blog: Major-Cheng Chen.

 

1322,Q: lawyers Hello, now such a thing happened, a relative to B is insurance agent, which knows a disease in order to improve the performance still persuade a proposal, the two sides signed the contract of insurance, but the insurance accident, the insurance company to a non disclosure is rejected claims, and a known to B the disease, as far as the obligation of claim for compensation responsibility, now what? B behavior violated the criminal law constitute the crime of insurance fraud?

Answer: definitely does not constitute the crime of insurance fraud, intentional no fraudulent. Insurance companies generally will not B responsibility, the cost is too high, then the insurance salesman liquidity is too strong, frequent job hopping. A to insurance agent B disease clearly inform, equivalent to have the insurance people to fulfill the duty of disclosure, the insurance company shall undertake the insurance liability, the payment of the insurance benefits. Suggestions and insurance company consultations, no consensus, complaints to the insurance regulatory bureau. (Du Hongtao, Sina micro-blog@Major case-Du Hongtao.

 

1323Q:, encountered a problem. The initial report10Days, also did not sign labor contract, because of personal reasons to quit. Need to perform "probation period three days advance notice"? Still can leave? Company internal regulations leave approval procedures, need to walk his program? Some confusion, please the teacher answer.

Answer: you entry after registration work10Day, both sides of labor relationship has been established. At present in the probation period, according to the "labor contract law" article37The provisions of article, you during the probation period for three days in advance to inform unit, can remove labor contract. Suggest you the best three days advance notice, submit a written resignation letter to the unit, and keep the receipt to prove unit, and then apply for leave procedures. As for the units specified turnover approval process, does not affect your unilateral lifting of the labor contract, but try to avoid conflicts, good good scattered. (Du Hongtao, Sina micro-blog@Major case-Du Hongtao.

  

1324Q: a girl is full21Years old, parents are two years ago (divorced for many years, her life) promised to American abroad for further study, and the children were signed an economic guarantee, content is: I certify that IXX (xxx)VoluntaryXXXThe tuition fees, living expenses and emergency expenses provide half in the USA school support and bear the legal liability. I was a father to the students (mother). Then the signature and signature. Note: the letter of guarantee for the application without learning or submit to any third party. But a year abroad, because parents own a dozen years of property in a divorce case. (the father finally judged to pay the mother4.3Million yuan), father so angry is not balanced, and shoot the woman, unilaterally terminated payment. One mother bear, facing the drop out.. The advisory:1. The letter of guarantee for the adult children have legal effect, whether as to the nature of the contract? Can arbitrarily without reason to terminate?2. If the prosecution, there is no mature case, is the probability? Thank you. Chengdu City, Sichuan Province

Answer: to the economic guarantee is submitted to the embassy visa materials as the main guarantee personnel going abroad, the economic costs, the general is a necessary condition for visa approval, in the female student has the force of law. In nature, the economic guarantee can not be equated with the gift, it should belong to the guarantee behavior; the gift is irrevocable, and guarantee cannot cancel. There has not been a similar lawsuit case. Now his father not to perform the guarantee letter content leads to the female in the USA faced with dropping out of school, may bring a lawsuit, asked his father to perform the guarantee letter, pay the tuition fee etc.. (Du Hongtao, Sina micro-blog@Major case-Du Hongtao.

 

1325, Q: in civil proceedings for judicial accounting identification with those of rules of procedure, especially whether the court should inform the applicant in writing whether to approve, approval is there, before the court has not been informed of the results, says finally decided not to approve the application in the judgment, this is a violation of the law?

AnswerIn the Several Provisions ":" the Supreme People's Court on evidence in civil litigation, the parties to apply for accreditation is classified into second parts: the people's court investigating and collecting evidence. Therefore, rules can use this part of the. The provisions of article Nineteen: the parties and their legal representatives may apply to the people's court to investigate and collect evidence, not later than seven days before the expiration of the time limit for adducing evidence.

The people's court for the parties and their legal representatives shall not be permitted to apply for, shall be submitted to the parties or their agents ad litem service of notice. The parties and their agents ad litem may after receiving the notice within three days from the date of accepting the application in writing to the people's court for reconsideration once. The people's court shall make a reply after receiving the application for reconsideration within five days from the date of. (Zhiqiu guest, Sina micro-blog@Major Zhiqiu guest)

 

1326Ask: Hello, recyclers, in the recycling of waste paper cash jewelry, could be worth tens of thousands of Marshal, if the owner to claim, hide not to be illegal? Thank you

Answer: according to the "civil law", the lost property finding people have custody of compulsory and return, before the owner to request, you should take good care of and inform the owner or the release of lost and found or submitted to the relevant departments; to claim, you shall return. These expenses, may require the owner to bear, also can be in accordance with the owner's commitment to require payment of remuneration.

The content of non mandatory. But if the owner has evidence to prove that you occupy or damage, transfer, you have to bear the responsibility for compensation. Zhang Xuan.

 

1327, Q: I am a student, my father Zhang Qinglin is a driver, is engaged in the freight transportation, in2013Year January driving ordinary light truck accidentally collision to a pillar, in which a worker from falling out of, and promptly sent to the local people's Hospital, the identification of skin injury, no wound, for treatment at the hospital33During the day, my father bear all medical expenses is ten thousand yuan, the injured for Daikelin, like me for to eighty-six thousand yuan compensation costs, I would like to know how to use legal knowledge

Answer: first, if you have to buy insurance or other commercial insurance, can ask the insurance company to pay;

Second, you can request the other party to provide medical materials and receipt, for independent and traffic accident treatment or over treatment part, may refuse to pay, has already been paid, can ask for return (Zhang Lei micro-blog SinaOHThe pig is not fat)

 

1328Q: the US, home is located in the area to11Year to replace the property company. Their first year in property fee receipt for cell entry card way forced us to pay property expenses. This year the received no property fee they pay property costs in the same way forced. This time they also requires us to enter private entry card information, also must buy their own entry card and no formal invoice. They did not organize district residents vote agree they do. In the absence of any notice in case of sudden let us buy brand new card. First they said that if no card no car into the area, then after we find them theory into every time you want to call security door to enter.

    My two years did not pay property fees can not enter the entry card information, not pay is the balcony Water Leakage looking for them, they have no one to repair it now for three years. A few days ago to find their theory this matter, they are a pair of rogue attitude, neither solve our problems have no reasonable basis for charges. A day out is not convenient. In addition the car out of the door card cell entry card did not have any effect, I don't think I should buy this entry card. I think my legitimate rights and interests have been infringed.

Can I solve my problem what kind of legal means. I am in Harbin. Thank you.

Answer: first of all, the property company asked with entry card into the area is to fulfill the obligation of normal management, the owners shall cooperate. But the behavior property company's violation of the rights of property owners. Can the owners committee to negotiate and property company. If the negotiation fails, can sue to the court.

Another: according to the stipulations of the realty service contract, the owner shall be timely payment of property charges. Small business without proper reasons to pay property costs behavior is the default. Property companies certainly have the right to recourse to the owners, but in this case the property company practices not.

Second, the owners and property companies is the property service contract, property management company providing services including the small green maintenance, cleaning, maintenance of order, security, shared facilities equipment daily operation, maintenance and common parts repair and maintenance etc.,

In short, the property company tube is the public sector area.

Your home balcony does not belong to the public sector, but the exclusive part. The exclusive part of the owners of housing, the property company is not obligated to provide management services. The balcony Water Leakage belongs to the housing quality problems, you are buying from the developers of housing, a housing quality issues you should find developers for housing, in the warranty period, the developers should bear the responsibility of quality warranty. Property companies can help you put forward repair application to open business. But according to the realty service contract, property companies do not repair your home exclusive part of the obligations. So your family may not be as grounds for refusing to pay property costs. So you can do now is to find developers repair balcony as soon as possible, timely payment of arrears of property charges, the entry card, you have the right not to buy. (a morning Sina micro-blog: Major-Cheng Chen.

 

1329Q: a problem, anxiously. A friend (to buy social security) on the way to and from work due to non - I the main responsibility of the traffic accident death, is now should be in accordance with the rules of the personal injury compensation to prosecute, or should enjoy treatment of inductrial injury insurance in accordance with the "industrial injury insurance regulations"? Or both?

Answer: inductrial injury and traffic accident compensation can claim.

The Supreme People's court for third people caused by the injured worker or their relatives in the civil compensation is also can be the answer to the question of industrial injury insurance compensation

([2006]For He Zi No.12No.)

The production and Construction Corps Branch of the higher people's Court of Xinjiang Uygur Autonomous region:

You Institute "about causing injury death of relatives in the civil compensation is higher than the treatment of inductrial injury insurance is also get inductrial injury insurance compensation reporting" received for third people. Through research, the following reply:

Agreed in principle to the judicial committee your opinion. According to the regulations of the people's Republic of China "production safety law" forty-eighth article and the Supreme People's court "on certain issues concerning the application of law in the trial of personal injury compensation case interpretation" in article twelfth, because third people caused by industrial workers or their close relatives, get the civil compensation from the third party, in accordance with the "Regulations" thirty-seventh of the industrial injury insurance, industrial injury insurance agencies to apply for treatment of inductrial injury insurance compensation.

This complex

Two00In December 28th six

(Zhang Lei micro-blog SinaOHThe pig is not fat)

 

1330Joe: personnel, ask for some liquor companies fake, two journalists friend. One day, a reporter friend named Joe will go to a shop to buy some wine, Joe in the car waiting, two reporters went to the store to buy a box of drunk, Joe in the car after the false identification. The two reporters and went to shop to claim, said the fake friends do the identified as false, showed the press card, the fear of publicity for two reporters return true wine and give one thousand yuan of money. Second days, two reporters called Joe, said to buy alcohol, to a shop after Joe still in the car, the two reporters to buy drunk out to Joe, still is false, and as the first day that two reporters to get off the branch theory. The shopkeeper said to wait, called 40 fellow of three people were beaten, before the store and the store was opened by Henan people and shop. After the police arrived, the owner to blackmail and impose exactions on the grounds to the public security police. Excuse me, three people constitute extortion? Thank you

Answer: three human behavior does not constitute the crime of blackmail and impose exactions on. "The provisions of article 274th of the criminal law" blackmail and impose exactions on crime refers to the behavior of people for the purpose of illegal possession, intimidation to force the victim fear delivery of the property or dispose of the property based on a large amount of interest, or many blackmail behavior. In this case, the wine is really fake, three people to buy fake, but they still belong to the ordinary consumer. Maidaojiahuo, three people use a certain degree of threat to the owner, asked the shopkeeper to return money to take private wine form of relief rights behavior, behavior itself is a legitimate rights law can tolerate.

"Consumer protection law" article49Regulation: the operator of fraud in providing a commodity or a service, consumers should be in accordance with the requirements for additional compensation for the losses incurred, increase one times the amount of compensation for the purchase of consumer goods price or accept service costs.

Perhaps three people for1000Yuan more than doubled the price of wine. But the small amount, still belongs to the range of normal adults.

To sum up, three people do not constitute the crime of blackmail and impose exactions on. Cheng Chen: micro-blog (Sina-Cheng Chen.

 

1331, Q: Hello, if commercial housing and real estate developers publicity inconsistencies can come down to such as commercial housing community (not the surrounding) supporting hospital, propaganda, swimming pool, and the actual not, or within a short period of time related manufacturers have not entered (such as large supermarket)

Answer: the "commercial housing sales contract disputes judicial interpretation" "third commercial housing sales information for advertising and promotional offer invited, but the seller on the commercial housing development planning within the housing and related facilities for the description and promised to establish a precise, and the commercial housing sale contract and house prices have a significant impact on the determination, it should be regarded as an offer. The description and the promise of even if not included in the commercial housing sales contracts, the contract should be regarded as the content, contrary to the parties, it shall bear the liability for breach of contract.

In this case, if the real estate developers in advertising and promotional materials on the hospital facilities, swimming pool and related manufacturers are described and the promise, and to enter into contracts of sale and to determine the price of housing. (i.e.: commercial housing within the hospital, the swimming pool is one of the factors that manufacturers; you signed contracts of sale and the infrastructure for housing prices have a certain impact, it is these infrastructure led to price than those without infrastructure.) The description and the promise is regarded as the contents of the contract, if the actual situation and real estate developers of commercial housing that is not the same, can be regarded as the developers default.

If you have signed the contract with the developers, developers default caused the purpose of the contract can not be achieved, you can terminate the contract, and require them to double the return of deposit.

If you have not yet signed a contract with the developers, but the deposit as a contract guarantee, now due to the actual situation of commitment and commercial real estate business is not the same, cause you don't want to sign a contract for the sale of. According to the "commercial housing sales contract disputes judicial interpretation" fourth the seller through subscription, ordering, reservations to the buyer accepts the deposit as a contract for the sale of commercial housing guarantee, if not because of one of the parties conclude the commodity housing sales contracts, should be dealt with in accordance with the provisions of the law on deposit; you can still request real estate developers to double the return of deposit. (a morning Sina micro-blog: Major-Cheng Chen.

 

1332Q: I want to consult:The company without my consent unilaterally arouse my job(Labor contract expressly agreed in the job)I have to work, no more than half a month, the company and I did not terminate the labor contract. Now according to the evidence through labor arbitration to recover this more than half a month's wages and economic compensation?

Answer: according to what you said, do not adjust work half a month, according to labor law, no effort, to request payment request cannot pay for support. Economic compensation to unit behavior belongs to the labor contract law article38The provisions of a, you are forced to terminate labor relation can. (Xie Yanping micro-blog sina:@"Legal Aid Center)

 

1333Q: I am a Ningxia Yinchuan city people, my car to lend a friend for a few days, results in6Month30On the afternoon of others𡿨The three people forced to leave, hiding.That economic disputes between them, in7Month4The day I to the local police station, to the morning to find that not on file, belongs to economic disputes, how should I do?

Answer: can precede the third party (forced buckle car) negotiations for the return of the car, no consensus, can be directly to the court, the third party to return the original requirements (car), pay attention to provide relevant evidence, such as driving license, lend a friend's evidence. (Si Huali, Sina micro-blog@Star light)

 

1334Q: my friend is a woman, married5Years, a child is four years old now, because the man was not working hard, a bit lazy, the woman not satisfied with this, feeling has been broken, the woman would like to put forward a divorce and wants custody of the child, now about the house, be together before marriage to buy pay Shoufu, marriage is almost the woman in loans, but that buy a house is the man the name.1Now about the child custody the woman what materials need to be prepared to get the child custody2If divorce husband does not agree to do?3A child custody if the bride's hand that the man Is it right? Should give support, should give how much each month4If the divorce, the house how the points? Thank you.

Answer:1The woman found herself, favorable evidence for support each other, is not conducive to raising the evidence collection. The law cannot guarantee. As far as possible to make good the chain of evidence.2The man don't agree, if, before the registration if the collection as possible evidence, rupture feelings such as separation, violence, abuse, marital foundation for the poor by evidence, evidence of different forms of fixed.3If the man, a fixed income, generally pay the fee does not exceed its income30%. But there are special circumstances, the court may be proof.4Because, on the property, Shoufu belong to both sides to pay, is registered in the name of a party, but the essence is a common or shared agreement. Therefore, if the negotiation fails, the court may require the processing according to the common relationship. Major case-Li Chengfa.

 

1335, Q: civil litigation attorney to write

Answer: the power of attorney

Client.          Sex  Don't:    

Post Wu:          Work unit:                

Electric Words:              

The entrusted people's name       Sex  Don't:

Post Wu:           Work unit:                   

Electric Words:                         

Is commissioned by the peopleXXXThe principal and theXXX  XXCase of dispute, as our agent.

Attorney agent authority: the following article 2   Item;

1General agent, for writing: litigation documents, to sign on behalf of litigation documents, to submit evidence;

2Special agent: generation, to admit, waive or modify claims, reconciliation, mediation and general agency authority;

                          Client.

                           Two, one three January 9th

(Lawyer Li Chengfa, Sina micro-blog@Major case-Li Chengfa)

 

1336Ask: Hello, I want to ask, my father lent his friend a sum of money, but did not give the family account, sudden illness died, leaving only a marked with numbers and other names date note, tell us how to get back the money

Answer: find each other, ask the fact, if you can, make the commitment to return, and through the tape or a form of fixed evidence. If the negotiation fails, can be sued. Major case-Li Chengfa.

 

1337Q: the organization structure reform, my department was transferred as a whole with another group subsidiary company, the subsidiary company is not registered in Guangzhou branch, employee labor contract is signed with the original company. The labor contract expires, by the staff to handle the labor contract personnel gang of non essential personnel, different meaning with the labor contract negotiation. The new company personnel and mail the termination of the contract, and refused to handle the formalities for termination. Is it illegal to terminate the contract?

Answer: according to "labor contract law" article46Article, article47The relevant provisions of the labor contract expires, if the unit, unilateral notice of termination of the labor contract, should give financial compensation (work every year to pay one month's wages, less than six months, half a month to pay wages). Secondly, if the employee is in the unit of work for ten consecutive years, or in the2008Years1Month1The signing of two fixed term labor contract date, the contract expires, units should be non fixed term labor contract with employees, and shall not unilaterally terminate the contract. While you are in the group of internal relations, but still with the original unit signed labor contracts, you can collect the labor contract, the new unit notice of termination of the contract, consultation and the original unit signed labor contracts with you and the current units, the negotiation fails, to when reflect the labor supervision departments, or directly Institute Labor arbitration. (Du Hongtao, Sina micro-blog@Major case-Du Hongtao.
    

1338Ask: Hello! I have about probation training expense question to ask. 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. Now, how do I want to get back the money?

Answer: you attend company training travel expenses paid conform to the regulations of the company, the company shall submit an expense account for you. According to your current situation, suggest you collect the relevant training, travel evidence, such as training notice, poor travelling expenses invoice, company reimbursement system, to the local labor supervision departments, or directly file a labor arbitration. (Du Hongtao, Sina micro-blog@Major case-Du Hongtao.
   

1339Q: when I buy a house to house sales department said they submit to the Proxy Companies to sell, overcharged me5Thousand dollars, but now the real estate business and they sell, buy a house or a written contract unit! I bought this house than others pay5Million, and this5Thousand dollars or Proxy Companies receipt has not written in the contract! Excuse me, I want to go back to the fifty thousand pieces of the how to do?

Answer: the Proxy Companies as the developer of the agent, the behavioral consequences borne by the developers, sales agents to you the5Million yuan, shall be counted as the purchase. If the purchase contract amount does not include the sales agent5Million yuan, you have the right to demand payment of the purchase, according to the amount stipulated in the contract, you can request payment to the sales agent5Million is directly used for offsetting purchase; if you have been in accordance with the contract amount delivered the money, you can ask developers to return your payment5Million yuan. Suggest you representations with the developers the actual purchase exactly is how much, to the sales agent5What is a million properties, had better leave recording evidence during a negotiation, or a lawyer with you to deal with this matter, in order to protect your rights. Consultation fails, can complain to the housing sector, or directly to the court, require developers to return to you much5Million yuan. (Du Hongtao, Sina micro-blog@Major case-Du Hongtao.

 

1340Q: We contracted the village pear four hundred and twenty. When my parents pay contract fees to perform the contract, force the fruit back. There are our own kind of 400 trees. Father then died at home, my mother made many times, goes to Beijing to petition, is the government detained many times. Each time the government to talk with us is that we open the price. But we don't want the money. We just want the legitimate rights and interests. I would like to ask, we signed a contract with the village of legalization of no use? How to protect their legitimate rights?

Answer: you signed the contract with the village collective if in accordance with the law, but also by a public notary, have the force of law. According to the "land contract law" article26The provisions of article:"Within the duration of the contract, the employer may not take back the contracted land."Now the village collective without recovery of your land, in violation of the provisions of the law, you can according to the "land contract law" article51The provisions of requirements, villagers committee, township (town) people's government mediation. If the mediation fails, to the rural land arbitration institution for arbitration, can also directly to the people's court, the village collective land contract, request return land restitution, and compensation for the losses thus incurred, you. (Du Hongtao, Sina micro-blog@Major case-Du Hongtao.

 

 

  

Disclaimer: this Micro message platform to answer on behalf of the respondents, personal point of view, for advisory reference

"[/Case]."

Beijing Institute of Justice Research Institute

Focus on major cases, the compilation of data files, promoting case study

Depth of investigation, case tracking, simply view columns

Micro-blog @ case; Tencent / Sohu @

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 situation

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