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 1121st to 1160th legal consultation 

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

 

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:

 

    

1121Ask: hello. Does the underage girlsBeing seduced, after3A month home talent know, want to through legal means, but no evidence, can be placed on file? How to solve?

Answer: recommend that you immediately reported, as long as the police to find out the facts of the crime.Need to be investigated for criminal responsibility should be placed on file. (Xu Kaicai, Sina micro-blog@Major case-Ice cool)

 

1122Ask:Want to open a similar intermediary shop in the home side of the town, is the live for others to do, but do not want to register can be? Because I don't want to pay taxes.

Answer: can the registration of individual industrial and commercial households, if not to register a business, operating without a licence, the administrative department for Industry and Commerce may detain and unlicensed related articles and other property sealed up, in the investigation of unlicensed behavior, have the power to seize unlicensed premises, collect the related certificate, bill. For unlicensed operators, industrial and commercial department according to the seriousness of the circumstances and confiscate their illegal income confiscated property, related articles and fined, specifically: to engage in unlicensed business in the name of the company, ranging from ten thousand yuan to one hundred thousand yuan fine; to engage in unlicensed with individual name, punishable by a fine of five thousand yuan; to engage in unlicensed business in partnership nominal, punishable by a fine of ten thousand yuan. So it is best to apply for license management. (Wu Yongbo, Sina micro-blog@Wu Yongbo lawyers)

    

1123AskHello. Some time ago I read through a housing intermediary of a second-hand housing intermediary, feel more satisfied, let me pay5000The Chengyijin, they are good and the landlord to show sincerity to negotiate a reasonable price. After the intermediary said after the two party communication will be settled as68.8Million, my other payment9000Yuan intermediary costs. Through an intermediary with the landlord after I met and is ready to sign the three party agreement. In the process I found the landlord signed paid 1629 for68Million, more than8000Element for each other intermediary fees, but the intermediary covert operation in the limit of. Therefore, I refuse to sign the agreement. After I left, the landlord to find me, said intermediary shady too much, if you sincerely to buy our own two party consultation. I would like to ask, we did not sign any agreement and intermediary situations, and the landlord can trade directly? Now intermediary no concessions to the fees, intermediary fees and double than I, estimated by the intermediary could not buy the houses. Excuse me if I have to buy it, there is no other legal means or ways? Thank you.

Answer: can be directly and the owners signed housing contracts of sale transactions, if the intermediary and the seller intermediary service agreement, intermediary may require the seller to perform the contract, bear the liability for breach of contract. If an intermediary and you have the intermediary services agreement, or signing the subscription agreement, you pay Chengyijin, intermediary can ask you to bear the liability for breach of contract. (Wu Yongbo, Sina micro-blog@Wu Yongbo lawyers)

    

1124Q: houses are empty, Wuguan company also asked to pay Wuguan fees reasonable? The law on how to define the use of housing delivery.

Answer: according to the "measures" property management service charges, the collection of property service charges are qualified from the housing acceptance, delivery conditions of use, the owner to confirm began collecting Shoufang, and whether you stay and need no relationship.

For the issues related to the use of housing delivery, according to the Supreme People's Court on some issues of applicable law in commercial housing sales contracts dispute cases the interpretation of article11Rules, for the transfer of a housing, as housing delivery, except otherwise agreed by the parties. Therefore, in the practice of "turnkey" is the housing delivery. (small Liao, Sina micro-blog@Feng Jun)

    

1125AskHello. My husband was illegal detention, killing more than a year was closed, because the trial period of all sorts of reasons be compelled helpless I wasn't there to participate in the trial, the trial results I know nothing at all, civil compensation for my mother-in-law in I don't know the situation, I haven't got the compensation, how should I do?

Answer: can first and your mother-in-law consultation, to see if she'd like and you partition compensation. If the negotiation fails, only the first to replicate the judgment to sue her mother-in-law, the segmentation of compensation. (Zhang, Sina micro-blog@On the way.

 

1126 Ask:Hello, I am a player, conflicts and the club, the club out of malicious punishment I, I cannot accept the punishment, and punishment is quite absurd reasons, points out some discipline event that I have not done, at the moment I feel very helpless, don't know what to do.?

Answer: if there is no objection to the punishment, the Arbitration Commission may apply to the club where the labor dispute for arbitration. (Wu Yongbo, Sina micro-blog@Wu Yongbo lawyers)

    

1127Ask:Now many units back said, is to retire ahead of schedule almost, salary hair less, my mother is retired, to subsidize her wages in the service and the national development and remote areas are only%70, this reasonable? Prosecutors said the labor retirement without legal provision, don't tube. Length of service can be discounted?

Answer: such is the employer's internal management regulations, workers can not return, if forced early retirement, can apply for labor arbitration rights. (Wu Yongbo, Sina micro-blog@Wu Yongbo lawyers)

   

1128Ask: Hello, for processingMy family contracted field infringement matters, the town government spent about2Million yuan, given by the treatment, but did not enter the village finance, village head part of several farmers to pay part of village group, the specific amount is not disclosed, according to "the people's Republic of China government information disclosure regulations" article ninth, article twelfth and article thirteenth, I have a right to know the usage of this part of the funds? Thank you.

Answer: according to "the people's Republic of China government information disclosure regulations" provisions of article second:"Said the government information in this Ordinance, is refers to the administrative organ is produced or acquired in the course of their duties, information recording, kept in a certain form."The people's Republic of China, "Village Committee Organization Law" provisions of article second:"The village committee is the villagers self-management, self-education, self-service grass-roots mass self-government organizations, democratic election, democratic decision-making, democratic management, democratic supervision."The village committee, not to the state administrative organs, is the autonomous organization, so not on the information disclosure law requires public. But according to "the people's Republic of China Village Committee Organization Law" provisions of article thirtieth:"The village committee to implement the system of village affairs.
The villagers committee shall announce the following matters in time, accept the supervision of the villagers:
(a) the twenty-third article of this law, the provisions of article twenty-fourth of the villagers meeting, the villagers' representative meeting decisions and their implementation;
(two) the implementation of the programme of the national family planning policy;
(three) the government appropriation and accept social donation relief assistance, subsidies, subsidies and other fund, the management and use of materials;
(four) the villagers committee to assist the people's government work situation;
(five) relates to the village villagers, the villagers generally care about other matters.
The provisions of the preceding paragraph matters in general matters, published at least once every quarter; collective financial transactions more, financial income and expenditure shall be published once a month; significant matters involving the interests of villagers shall be published at any time.
The villagers committee shall ensure the authenticity of the released matters, and accept the query.". The provisions of article thirty-first:"The villagers committee shall not publish the published items or published matters not true, the villagers have the right to report to the township, nationality township, Township People's government or the people's government at the county level and the relevant competent departments, the relevant people's government or the competent department shall be responsible for the investigation of nuclear, ordered according to published; any illegal act is verified as true, the relevant personnel shall bear the liability according to law."Thirty-sixth, the provisions of:"The villagers' committee or villagers' committee decided against the legitimate rights and interests of the villagers, aggrieved villagers may apply to the people's court to revoke the liable persons in accordance with the law, legal liability.
The villagers committee is not in accordance with the provisions of laws, regulations to fulfill legal obligations, correct by the township, nationality township, Town People's Government shall order.
The people's Government of Township, nationality township, town intervention law belongs to the scope of the villager autonomy matters, correction by the people's government at a higher level shall order.". You have the right to know the financial situation of Wei, Wei not bulletin, can reflect the situation to the town government, to solve the. (Wu Yongbo, Sina micro-blog@Wu Yongbo lawyers)

1129, Q: I am a high school student, my school to limit the takeaway is mandatory for students, students meals, whether to eat or not eat all fee deduction. Is the first in the school a semester meals made, but first in the canteen food quality is getting worse, the canteen workers working attitude is very poor. Before the implementation of the system is to play what dish buckle corresponding money, first in the compulsory charging service attitude is getting worse, although we are students, but also consumers, I want to know, in this case, the school is breaking the law? I can exposure or suing the school?

Answer: according to China's "administrative procedure law" the relevant provisions of the relevant cases and in recent years, in addition to the expulsion and degree awarding disputes, schools for students management does not belong to a specific administrative act in administrative law, the student refuses to accept the administrative behavior, not to mention "administrative procedure law" administrative litigation for the school. This is the present legislation situation in our country is limited.

According to the case that you provide, the school students' eating behavior, fully meet the definition of "internal management", the school can according to "the people's Republic of China Education Law" article28Paragraph 1: "in accordance with the statute of autonomy management" as an excuse to live on the management of school students. Therefore, the school was not illegal or irregular. However, as to whether dining "mandatory fee deduction" behavior, the existence of the school. However, as mentioned before, the school and the administrative body is not in administrative law, management behavior with the exception of a few behavior can not be accepted in court.

Therefore, suggest that you to the school compulsory payment behavior preservation of evidence, sue to the local administrative department of educational administration, and exposure to the media, to the pressure of public opinion. (self spit Sina micro-blog: self spit)

 

1130Q: in Yunxiao County, the debtor, the amount is1800Element. The contract for the sale of legal relations (compound anti-theft door subject), did not have the limitation of action1How to realize the creditor's rights2The anti-theft door can do exhibit install door master can witness3Only for an order of payment can be? Hope the teacher give directions, thank you!

Answer: according to the information provided by you, I for the case of understanding is: you and someone verbally established anti-theft door sales contracts, have not signed a written agreement; you are the seller, the other side is the buyer. The anti-theft door price is1800Yuan; you fulfill delivery obligations and anti-theft door, arrange the master to buyer installed anti-theft door, but the buyer fails to perform the payment obligation; the buyer and you are not in the same county, now you want to recover these1800Yuan price.

First, the "contract law" article tenth: the parties entered into a contract, written form, oral or other forms. You and the buyer can set up a contract for the sale of oral form.

"Regulations" article fifth in a contract dispute case evidence, alleges the establishment and entry into force of the party should bear the burden of proof on the contract and the entry into force of the facts;

You ask the "anti-theft door can do exhibit the door installation master can witness" mean: anti-theft door and install anti-theft door master can be used as a sale contract evidence. So Is it right? Each other on sale contract and refused to admit? If so, then you as an advocate for contract party, will be on the validity of the contract shall bear the burden of proof. Install anti-theft door anti-theft door, master testimony can prove you the existence of a contractual relationship. You and the buyer between call recording, on the sale of anti-theft door notes can also be used as evidence of contract relationship. Suggest that you pay attention to the collection.

Second, you can to the court of the place of domicile of the defendant for an order of payment way to realize creditor's rights.

One, for an order of payment terms: "Civil Procedure Law" 214th article: creditors request the debtor pays the money, securities, with the following conditions, may apply to the basic people's court that has jurisdiction for an order of payment: (a) no other debt disputes the creditor and the debtor; (two) the order of payment can be sent the debtor. The application shall clearly state the requested amount of money or securities quantity and the facts, evidence.

Two, for an order of payment results have the following three:

1The court, upon examination, that do not meet the conditions for application, the court rejected the application. At this point, you can bring a civil action. Bring a civil lawsuit to the court that the defendant has his domicile.

2After examination, the court order of payment to the debtor, the debtor shall be issued, on receipt of payment from the date of15Debt days, or filed a written objection. In the15Days, the debtor does not fulfill the payment order without demur.15Expiry date, you can apply to the court for enforcement. You provide clues to the property, the court execution of the property, to realize your creditor.

3, in15Days, the debtor presents a written objection to the court, the court reviewed that the objection is the order of payment, time, if you have no objection, the court will be transferred to the procedure, without the need for you to bring a lawsuit. (a morning Sina micro-blog: Major-Cheng Chen.

 

1131Ask: Excuse me:Receipt of the Supreme People's court summons, can not go?Passed for questioning

Answer:1, first, this may be the telecommunications fraud, the fraud is not clear, but there are a lot of people have this shout a reaction from the phone, can not be ignored.

2If you do, the second is summoned to witness, to ask, you can't go. Secondly, the highest law summoned you to court, according to the trial level judgment, is not required to appear in court the case. Therefore, you can't go.

To sum up, you can not go, do not have to worry about legal liability. (Chongqing lawyer Peng Keliang)

 

1132Ask: because, did not sign labor contract has said there1Years. In accordance with the regulations has entered a non fixed term labor contract. Would like to ask the next year2014Years before today, is also a request for arbitration to non fixed term contract before11Month2Times the wage gap?As a non fixed term contract in writing the unit still quibble don't sign it, is still the arbitration request without a fixed term labor contract period2Times the wage gap?On the other, whether this should be in the arbitration will be no two fixed term contract signed written before and after2Times the wage difference demands separate arbitration, huh?

Answer: first, more than a year as the signing of non fixed term labor contract, more than a year, you can't claim the double wages. 
Second, about the former11Double wages month, the labor dispute lawsuit prescription is one year, this time next year, you can not claim. In addition, a former11Months of double pay claims litigation prescription still controversial, but the general trend is in accordance with the contact calculation, such as you2012Years4Month to enjoy double pay, but you still no idea, you can claim2012Years7Month to2013Years3The double pay monthly,2012Years4Month to2012Years7In between the double pay you will not claim, because of the limitation of action has been over a year. Suggest that as soon as you claim.

Third, because of the different understanding of the specific practice around the law, there are different, consultation with local lawyers, to better safeguard their legitimate rights. (Chongqing lawyer Peng Keliang)

 

1133Ask: Hello, I, want to consult a problem, I have a cousin, this year10Years old, she at last one day after school on the road was hit by a truck, and then stay for half a year, after skin grafting operation but dropped the disability, later court owners with only one hundred thousand, but my sister's feet are walking is difficult, also need to follow-up treatment, will still find the owner claims?

Answer: "judicial interpretation of personal injury compensation" seventeenth paragraph second: disability, the expenses necessary for increasing the life needs spending and result in loss of working capacity loss of income, including disability compensation, disability AIDS charges, was dependent for living expenses, as well as rehabilitation care, continue the treatment of the actual cost of necessary rehabilitation, nursing fees, follow-up treatment costs, the obligation of reparation should also be compensated

Article nineteenth: medical expenses issued by medical institutions in accordance with medical expenses, hospitalization expenses and receipts, medical records and diagnosis combined with other relevant evidence to prove. The obligation of reparation for treatment of necessity and rationality of the object, shall bear the corresponding burden of proof.

The amount of compensation for medical expenses, determined in accordance with the actual court of first instance before the end of the debate the amount. Organ function recovery training necessary rehabilitation costs, appropriate plastic surgery and other follow-up treatment expenses, the right to compensation may be prosecuted after the actual. But the inevitable is determined according to the medical certificate or identification of the conclusions of the cost, has happened with the medical expenses together with compensation.

Regarding the follow-up treatment costs, of course, is to find the owner claims. You may be prosecuted separately after the actual owners, pay attention to the collection of evidence: hospital receipts, case, to prove the diagnosis. The doctor's advice before hospitalization and disability identification should also have a follow-up treatment advice. These can all be evidence. (a morning Sina micro-blog: Major-Cheng Chen.

 

1134Q: big hello! I want to consult about the civil marriage disputes. My sister was introduced in the year before last season with a man, after two people after exposure to2012Years8Month1On the voluntary to complete the marriage registration, but did not do catering. The man then pay cash and jewellery, diamond ring set, two people and then together, during which the woman because of unintended pregnancy which played a tyre. Because cohabitation period two people out of character, life contradiction, has had a dispute, the woman's family repeatedly persuasion, hope that the two sides again, and his family are indifferent attitude, but in the end the contradictions of life is too deep, the woman filed for divorce, and willing to refund the original gift and gold ornaments, after consultation, the man does not agree to divorce, and by telephone. Invective to insult her, the woman puts forward two out face to face consultation, and the man still persist, no response. I would like to ask: whether it should be returned when the woman all the money and jewelry? The woman had been determined to dissolve the marriage relationship, that how to deal with the current stalemate? The marriage law and how the provisions of both agreement divorce? Thank you.

Answer: the betrothal gifts, according to the provisions of article tenth of the "two interpretation of the marriage law": 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; (two) the marriage registration procedures but did not live together; (three) before payment and led to two life difficult. Application of the preceding paragraph (two), (three) the provisions of item, should take the divorce condition. If the man puts forward to divorce proceedings, you also have to return the betrothal gifts of local customs, and in accordance with the above conditions, the court will sentence the support.
   The current stalemate, both sides are difficult to negotiate, because the divorce agreement requires both sides to cooperate, the current situation can only divorce proceedings. Bring a lawsuit to a people's court at the domicile of the defendant can to the. If the court found the marriage has broken down, the general contractor will leave. Please prepare rupture related couples evidence, such as proof of neighborhood, neighbors testimony, telephone recording etc..
   The divorce agreement to mutual agreement, as during the marital relationship property, debt and other issues agreed and signed the divorce agreement, carrying two identity cards, account of this and other common to the local civil affairs departments for divorce registration procedures. (Du Hongtao, Sina micro-blog@Major case-Du Hongtao.

1135, Q: we are Ji'nan Shungeng builds property owners, developers Run away now, house complete five cards, developers margin irregularities, and one of the housing selling more, postponed others for five years, the government not to solve, what should we do?

Answer: the working place is the essential provisions of labor contract, if you and the company agreed to the working place is in Chongqing, but has been performed for seven years, now with stores closed, the company can be based on "labor contract law" article41The provisions of article, "major changes occur due to the objective economic situation on the basis of the labor contract, the labor contract can not be fulfilled" on the grounds, requests to terminate the labor contract, but the company shall give you every year to pay economic compensation (one month's wages, dissatisfaction6Months to pay half a month salary).

    For pregnant women, the company can not terminate the labor contract with the above reasons, for the workplace change can not continue to perform the contract, companies should also be pregnant women and on the economic compensation and compensation issues such as the consensus (the specific amount of consultation between the two sides, the calculation of maternity leave wages), give compensation and compensation of both parties to terminate the labor contract agreement.

    If the unit does not terminate the labor contract, and ask you to other city work, can to the local labor supervision departments, or company unilaterally change the labor contract labor arbitration filed. (Du Hongtao, Sina micro-blog@Major case-Du Hongtao.

 

1136Q: will the party, died! His writing notes can be fair?

Answer: because you do not know the specific matters for notarization or objective, so common sense according to the following answer:

    If you undertake notarization to involve inheritance matters, according to "notary law" article26Article: "the natural person, legal person or other organization may entrust others to handle the notary, but will, survival, and adoption relationship, shall be notarized unless i",It has died in the case, involving the above matters, because the parties need to apply in person, and therefore can not be notarized.

    If you want to write notes if I write a notarized, the parties had died, the general need for identification of bodies identified, according to the "notary law" article31The provisions of article "professional technical appraisal, matters for notarization of assessment items", a notarization institution shall not notarization.

    Other circumstances also need local notary organs you specific advice. (Du Hongtao micro-blog Sina@Major case-Du Hongtao.

 

1137Q:, commercial housing sales contracts can be agreed on the right to use the seller?

Answer: because of different nature of ownership in the wall, the housing sales contracts, the effectiveness of using exterior agreed right would be different.

    First, if the wall in the range of drawing property permits you, according to the "property law" article70Article; "housing, owners of buildings within the business premises and other proprietary part ownership, the exclusive part of the outside part of the enjoyment of a common management and the right", then the seller has no right to agree to its use.

    Second, if the wall area belongs to the common parts, according to the "property law" article72The provisions of article: "the owner of the outside of the proprietary part of the building of the common parts, the rights, obligations; not to give up the right does not fulfill the duty", then the wall belongs to all the owners of all, the seller to use wall shall be agreed with all of the owners or owners committee.

    Third, such as wall belong to the seller if not in all, sell your property scope, then the Seller shall have the right to use. (Du Hongtao micro-blog Sina@Major case-Du Hongtao.

 

1138, q:Hello, I was in Shandong last year, contracted seven acres of land in the mountains, now the government compensation to commandeer do not want to, how should I do, can provide the legal basis for compensation can not, thank you!

Answer: the "law" to contract land sixteenth: the Contractor shall enjoy the following rights: (two) the contracted land is requisitioned, occupation, have the right to obtain appropriate compensation;
"Land management law" forty-seventh article: land acquisition, compensation according to the original purposes of the land expropriation.
A land compensation costs include land compensation fees, resettlement grants and ground attachments and young crops compensation fee. Compensation for land expropriation of land, the land was a former three years the average annual output value of six to ten times. Collection of cultivated land resettlement fees, shall be calculated according to the number of agricultural population to be resettled. Number of agricultural population to be resettled, calculated in accordance with the number of the quantity of cultivated land expropriated land expropriation before divided by average per unit land occupied. Each of agricultural population to be resettled resettlement subsidy standards, the land was a former three years the average annual output value of four to six times. However, each hectare of expropriation of land resettlement grants, highest do not exceed fifteen times the was a former three years the average annual output value of.
Expropriation of other land for land compensation and resettlement fees, shall be prescribed by the province, autonomous region, municipality directly under the central government on cultivated land compensation and resettlement fees standards.
The compensation standard is levied attachments and young crops on the land, shall be prescribed by the province, autonomous region, or municipality directly under the central government.
On the outskirts of the city, land units should pay new vegetable field development and construction fund in accordance with the relevant provisions of the state.
The land compensation and resettlement fees paid in accordance with the provisions of the second paragraph of this article, it is not required for enabling farmers to maintain the original level of living, the approval of the provincial, autonomous region, municipality directly under the central government, can increase the resettlement fees. However, the total of land compensation and resettlement fees for land requisitioned shall not exceed thirty times the average output value of the three years ago.
The State Council in accordance with the social and economic development level, in exceptional circumstances, can improve the collection of cultivated land compensation and resettlement fees standards.
"Implementation of the land management law" twenty-sixth article: the land compensation fees to the rural collective economic organizations; the ground attachments and young crops compensation fee to the ground attachments and young crops owners.
Land acquisition resettlement fees must be dedicated, not diversion. Requires the placement of personnel by the rural collective economic organizations, resettlement, resettlement subsidies paid to rural collective economic organizations, by the rural collective economic organizations, management and use; from other units resettlement, resettlement subsidies paid to the resettlement units; do not need unified resettlement, resettlement subsidies paid to individuals or staff are placed with placed people agree to pay for insurance costs are.
City, county and township (town) people's Government shall strengthen supervision over the use of subsidies for resettlement.
According to the provisions of the laws, the government expropriated your contract, you should obtain compensation. Compensation costs include: land compensation fees, resettlement fees, ground attachments and young crops compensation fee.
You say that the government does not want to compensation may be requisitioned, the government is not the compensation paid to you, because of land expropriation is a process, from the initial announcement posted to levy resettlement compensation final, will experience a period of time. You first do not worry, wait and see. The government will signed compensation agreements with you, if the government made it clear that no compensation, then you can make the administrative reconsideration to the upper level of the government, or to court the government, suggest you entrust a lawyer. (Cheng chen, Sina: micro-blog-Cheng Chen.

1139, q:Town staff to trash fixed on my door, can they help me move the side a bit, he said that on that, that you make it. So, can't hold it in any longer gas, drove the trash crashed, and I bought a house even the streets are bought half, again the government officials. Dizzy, I how to deal with?

Answer: as you said, the garbage is set against the normal life of you, you have the right to sue for eliminating nuisance. As you wrecked the trash, they have the right to request compensation for the loss of your trash. Peng Keliang.

 

1140, q:Hello, my father in2013Years5Month3Will the civil complaint to the Ji'nan District People's court, to now also not to register, what we should do. On the other, how effective this agreement at. Helpless people eagerly look forward to your reply, thank you!

Answer: if the court not to file a written ruling, the ruling disaffected, can mention appeal.

Your situation is estimated the court did not give a written ruling, this time I personally recommend, with a few more people go together, and make the corresponding evidence, is to reflect the dean or its superior court. Peng Keliang.

 

1141, q:Hello, I was out when the original work unit risk and deposits and commission, bonus, company accounts did not check for the reason, I'm still not issuing2012Years10Month30With the departure procedures, my royalties from2011Years12Month again not to issue, how should I do? Ability to return the money?

Answer: A, according to the provisions of the labor law: the employing units shall, in accordance with the labor contract and the provisions of the state, to the workers to pay the labor remuneration on time and in full. The original work unit, in order to account not check the reason has not paid, is not in conformity with the law.
Two, where the employer fails to pay labor remuneration in full, the worker may apply to the local people's court for a payment order, the people's court shall issue a payment order. You can use the relevant evidence, to the work unit where the court for an order of payment.
Three, you can also2013Years10Month30Before this, the company is located in the labor arbitration committee for arbitration. Mi Weijun.

1142, q:The man buy a house before marriage,Not just married owing on the loan,Married for seven years without a child,To divorce woman with you?How many?The man buy a house before marriage,Not just married owing on the loan,Married for seven years without a child,To divorce woman with you?How many?
Answer: the house is before the loan purchase and registration in the man's name, after marriage with the joint property of husband and wife to repay, divorce when the two sides can protocol processing housing, can not reach an agreement, the court may decide a party all housing to the man, but after marriage property value-added part and have jointly repay part of the woman has the right to request, the compensation.
You can refer to the marriage law judicial interpretation of the provisions of article tenth of the three: one of the spouses before signing the contract for the sale of real property, the personal property to pay the first payment and bank loans, after marriage with the joint property of husband and wife owing on the loan, the registration of real property in the first payment party name, the divorce of the immovable property by agreement between the treatment. In accordance with the provisions of the preceding paragraph can not reach an agreement, the people's court may order the real estate property right registration to party, has not yet returned to the property right registration loan a party's personal debt. Both sides together after marriage loan payments of the property and its corresponding appreciation part, divorce should be based on the provisions of the first paragraph of article thirty-ninth principle of marriage law, property right is registered by one party to the other party for compensation. (Lv Bojie, Sina micro-blog@Onion head)

1143, q:For building Linhai public highway, our village has been the demolition. But the agreement we only see in, they are not. Does the demolition agreement if we should have a copy? Because my home is in front of the two house is a layer of houses, is behind the two storey building. But the government only to arrange a piece of land, so reasonable? Also hope pointing

Answer: you called the demolition agreement, legal language is: the expropriation compensation agreement. The government expropriation of land and housing you, signed compensation agreement with you. In this agreement you and the government are equal subjects, of course you have the right to request oneself hold a copy of the agreement.
According to the "land management law" sixty-second article: one rural household can own a house, the homestead area shall not exceed the provisions of the province, autonomous region, or municipality directly under the central government standards. The basic principles of rural residential land distribution is"One of a house". That is, a user only to give a piece of land, built several houses in a piece of land is the freedom of the farmer, the government no matter, as long as the farmers to fulfill the legal provisions of the relevant approval procedures can be.
Your village relocation, is essentially the government imposed your village land and farmer housing. In your home, the government imposed a homestead, homestead house. Therefore, the government should compensate: the land compensation fees, resettlement fees, ground attachments and young crops subsidies. Specific to your house, the government should be compensation: compensation your home ground, resettlement grants and homestead housing costs. Housing is housing, homestead is the homestead. You say your home is two buildings, the government in compensation, will be in accordance with the two buildings housing compensation.
After that, the government will give you a new distribution of homestead. The distribution of the house foundation and your house before the new house on a few house is two, which is not related to each other.
Moreover, according to the law, a family can only a piece of residential land, this has nothing to do with previously you cover a few house. You can then cover two house in the newly allocated land on. (Cheng Chen, Sina micro-blog@Major case-Cheng Chen.

 

1144, q:The lawyer, hello. My brother my sister-in-law married just over a year, the children are now less than eight months......But they fight every trouble, now want to divorce, our family is not rich, when they married, our family's requirements according to their dowry money out of hundreds of thousands, if they really want to divorce, the court supported the back part of the dowry money? In addition we how to collect the dowry money to pay? Children under eight months old, still belongs to the lactation period, not from the

Answer: according to the "marriage law" article34The provisions of article, the delivery within one year, the man puts forward to divorce, the court shall not be accepted, unless the woman filed for divorce, or the court deems it necessary to accept the divorce request, can be accepted. Therefore, your brother now put forward a divorce, the court generally will not accept.
  The betrothal gifts, according to the "marriage law" interpretation of the provisions of article tenth of the two:"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; (two) the marriage registration procedures but did not live together before marriage; (three) payment and led to two life difficult."Your brother is able to pay the marriage betrothal, leading lives of difficulties that, at the time of divorce request the return of betrothal gifts, but should be the relevant evidence of the betrothal gifts, such as witness testimony, audio, video etc.. Divorce is big, suggest that both husband and wife should consider to be clear about. (Du Hongtao, Sina micro-blog@Major case-Du Hongtao.
   

1145, q:Is divorce, her husband was having an affair outside, for many years not to go home, two people have two children, has come of age. Now, her husband had a child in the outside, said to be adopted, but the wife was suspected. The husband now indicted his wife for a divorce, the reason is not her father, he and his family who lived in the field. Last year, there is a strange woman and children in online chat, said he had a home outside, children already several years old, also bought a house. The husband these years work no money for his wife, just to give a child the postal fees. Now his wife to tell her husband, but only third and the baby pictures, how should do? Thank you for help  

Answer: at present, the husband has been in court for divorce proceedings, the wife can not responding, be prosecuted. But in the trial to the husband has forty-sixth marriage law provisions"A person who has a spouse living together with others"The case, asked her husband to give compensation, the compensation for material damages and spiritual damages including. The division of property, in accordance with the relevant provisions of the law, the court will be in accordance with the principle of decision to take proper care of children and the woman. At present only the photos as evidence, can be separately collected husband cohabiting with neighbors, the neighborhood committees that testimony, can also apply to her husband and children born out of wedlock paternity in court. (Du Hongtao, Sina micro-blog@Major case-Du Hongtao.
  

1146, q:Hello, I give my wife ask you, is it, my wife is a headhunting, for three months in a Danish open headhunting company, last Friday probation to not do. Because the search every sign of a person on commission, my wife a few people in the trial period, but the Danish employers now don't give me the wife of commission, provisions of the commission contract inside, want to ask you, now how can I do ah? Thank you.

Answer: according to the provisions of the labor laws and regulations, the employer shall pay remuneration to the laborer, the labor remuneration determined mainly based on labor contract and the internal rules and regulations etc.. Your wife and the company signed labor contract for the Commission of a clear agreement, then it should be in accordance with the contract to your wife to pay the corresponding fees. According to the "labor contract law" in article thirty-eighth, the employer fails to pay labor remuneration on time and in full, the laborer shall have the right to terminate the labor contract, therefore, your wife can the company failed to timely and full payment of wages for requests to terminate the labor contract, and request the company in accordance with the "labor contract law" article46And47The provisions of article, pay economic compensation (every year to pay one month's wages, less than a half a month salary paid six months), can also be based on the "labor contract law" article85The provisions of enterprises according to the requirements of commissions payable fifty percent, more than one hundred percent of the standard pay compensation. Your current situation, suggest to collect related tasks such as evidence, to reach the performance of the company internal documents, contract documents, as adult testimony, internal rules and regulations about the Commission regulations, and company consultations, no consensus, may bring the labor arbitration, require companies to pay commissions, economic compensation and compensation to the you follow the above standard. (Du Hongtao, Sina micro-blog@Major case-Du Hongtao.
   

1147, q:The lawyer, hello! I first talk about this things in the background: a companyAThe general manager (male) and legal personBHusband and wife. The legal person andCThe general manager is the shareholder, respectively50%Shares.AAnd with other people and set up a company and is a legal person, at the same timeAAs a result of another company business needs, to borrow60Million4Interest of usury, in this year7Mid month will even bring interest return. NowAA no money to repay, useBLegal relationship, with the official seal of the company to go out. Ping An bank bought a three export insurance at the same timeBA name for a high credit card. Now I worry: in the companyCShareholders do not consentBA handle this one company background high credit card, if the malicious overdraft, the companyCDoes the general manager will be linked to the debt problems in them? Thank you

Answer: according to the relevant provisions of the company law, company is an independent legal person property  And shareholders are independent, according to the "company law" article20Article,21The provisions of the company, shareholders or actual controllers, executives and the relationship to damage the interests of the company, it shall bear the liability for compensation. Shareholders have no fault if the debts of the Corporation, then the general is not responsible.AAs the general manager of the company, using the authority from his wife's legal representativeBHands take official seal, the purchase of commercial insurance and credit card, if it is in the name of the company and the funds to buy commercial insurance, may belong to embezzlement behavior, such as the use of company information for a credit card, malicious overdraft words are likely to jeopardize the interests of the company. In the event ofCAs shareholders have no fault and not informed, should not bear the responsibility. In accordance with the "company law" article153The provisions of article, once foundAAndBThere is damage to the interests of the company,CHave the right to bring a lawsuit to the court, claim for compensation. (Du Hongtao, Sina micro-blog@Major case-Du Hongtao.
   

1148, q:

Civil indictment
Plaintiff: Wang Zhenchuan, the defendant: Lv Zhiwei, requests:
 1The court decided that the defendant, to repay the loan350000Element.2The court decided that the defendant, court fees to be borne by the.
The facts and reasons:
2009Years11Month, Hu Wanzhong by the defendant Lv Zhiwei introduced and guarantee from the plaintiff is borrowed Renminbi410000Element, and the plaintiff to write IOU and signsindividual loan agreement. The agreement, Hu Wanzhong in his personal business of building materials factory and1000Acres of licorice to land as collateral, Lv Zhiwei jointly and severally guarantee. However, after loan expires, the plaintiff repeatedly ask for money, Hu Wanzhong to a variety of reasons and excuses not to repay their debts, Lv Zhiwei also refuse to fulfill the warranty obligations. After the check, Hu Wanzhong issued a building materials factory mortgage procedures and the land right of management procedures were forged, the defendant's behavior has seriously damaged the legitimate rights and interests of the plaintiff. After Hu Wanzhong for other suspected cases of fraud was arrested in Suzhou District Public Security Bureau, now detained in the detention center in Suzhou district.
    We appeal to your hospital sentence the defendant to repay the loan350000Element, in order to maintain the legal rights of the plaintiff.
I want to consult the problem is: the money is2009Years of borrowing, loan period is three months, due to not also, later also6Million yuan,2010Years6On the debtor wrote me a promise to repay, but never, until2012Years9Month, the debtor other things have been jailed, guarantor whether joint guarantee liability (sign a guarantor of security in the loan agreement),2013Years1I sued the guarantor! The guarantee time is expired? Please reply, thank you! Urgent urgent!

Answer: the guarantor shall assume responsibility for security in Lv Zhiwei.
"Regulations" of the Supreme People's Court on the trial of cases of disputes over economic contract shall guarantee to ensure that the first contract provisions:3, guarantor is guaranteed in the debtors and creditors signed the book main contract provisions to ensure the identity of the person, to ensure that the signature or seal of the principal contract; or although no warranties, but to ensure that people in the main contract in order to ensure the identity of the person or stamped signature, as a guarantor of establishment of the contract."
In this case, Lv Zhiwei in the loan agreement signed guarantee agreement, Lv Zhiwei assume joint responsibility to ensure that, these facts can be identified between Wang Zhenwei and Lv Zhiwei founded the guarantee contract. Ensure that the way is the joint responsibility to ensure that.
"Guarantee law to explain the" thirty-fourth paragraph second: joint responsibility to ensure that the creditor in the guarantee period prior to the expiration of the demand that the surety undertake suretyship liability, from the creditor requires the guarantee date, start calculating guarantee contract limitation of lawsuit. Namely, the creditor must ensure the guarantee period, guarantee the litigation claims from the creditor to the debtor request date to start.
Therefore, to confirm whether the guarantee creditor's rights after the limitation of action, we must first determine the guarantee period.
"Guarantee law" twenty-sixth article: a suretyship of joint and several liability and the creditor have no agreement guarantee period, the creditor shall have the right to independent obligation requires the guarantee within six months from the date of expiry of the period of. Suretyship agreed in the contract and the provisions during the guarantee period, the creditor does not demand that the surety undertake suretyship liability, the guarantor shall be exempt from guarantee responsibility.
In this case,2009Years11Month contract and suretyship contract period to fulfill the contract, for the3Months, not agreed warranty period, the joint guaranty period is from2010Years2Month6Months, i.e. to2010Years8Month. In this6Within a month the creditor does not demand that the surety undertake suretyship liability, the guarantor shall be exempt from guarantee responsibility. If the creditor in2010Years8Call the guarantee months ago, to ensure the litigation claims from creditors request date to date, time2Years. If the statute of limitations don't interrupt, don't stop, then to2012Years8Months ago, the creditors may apply to court to require the guarantor, guarantee responsibility.
In this case, the creditor has repeatedly demanded the guarantee, do not know whether the creditor requests2010Years8Months before, and if so, since the first call the guarantee, start calculating period2Creditor's right guarantee years. Subsequent requirements, see themselves as the interruption of limitation of action to guarantee the creditor's rights, the limitation of action for the creditor claims since the last call the guarantee from the date of2Years. (this need your own calculation.)
2010Years2Month, the expiration of the term of performance of the master contract. The debtor fails to perform his obligation,2010Years6On the written promise to repay, this apparent made changes to the creditors and the debtor to the principal contract performance period. "Guarantee law to explain the" thirtieth paragraph second: creditors and debtors are changed to perform the contract period, without the written consent of the guarantor, guarantee period as agreed in the contract or legal provisions.

If without Lv Zhiwei's consent in writing, the guarantee period is still2010Years2Month until the2010Years8Month. The creditors within this period does not demand that the surety undertake suretyship liability, the guarantor shall be exempt from guarantee responsibility. If creditors request, to ensure the litigation claims from creditors request date, a2Years. If the guarantor agree in writing, the guarantee period in accordance with the "security law" article26Shall be calculated. Namely, the guarantee period for the agreed repayment period from the date to the date of6Months. Not agreed repayment period, guarantee period for the creditor to demand the debtors to fulfill their obligations upon expiration of the grace period6Month. In this6Within a month, if the creditor fails to guarantee the assurance requirements, the guarantor shall be exempt from guarantee responsibility. If the creditor requires guaranty, began to calculate a2Prescription litigation years. (Cheng Chen, Sina micro-blog@Major case-Cheng Chen.

 

1149,Ask: Hello, I want to ask next, the factory pay day did not pay illegal? If the illegal, what should I do?

Answer: in accordance with the provisions of the "Interim Provisions" wage payment: the employer must be recorded in writing to pay workers wages, the amount of time, the recipients name and signature, and kept for more than two years for future reference. The employer should provide a copy of their personal wage list to workers in the payment of wages.    Therefore, the employer shall provide the wage list to you, there are a lot of that wage income, such as bank bills, testimony of witness, do not suggest that you take the extreme way, suggest you solve it negotiate with the unit first, and then you can really can not solve the selection to the complaints department of labor security. Peng Keliang.

 

1150, q:I want to ask, I want to buy a shop, buying shops, shops if bought do real estate license usage is40Years, I would like to consult the shops to the use of the period40Years later, the law is how to deal with?

Answer: according to the "PRC urban state-owned land use right transfer and transfer of the Provisional Regulations" provisions of article twelfth: the land use right transfer maximum age determined according to the following purposes: (a) residential land for seventy years; (two) industrial land for fifty years; (three) education, technology, culture, health, sports for fifty years; (four) the commercial, tourism, entertainment for forty years; (five) integrated or other sites fifty years. 　　
   In the "City real estate management law" stipulates the transfer or mortgage of real estate, housing ownership and occupancy of the housing within the land-use right transfer, mortgage and. In the period of land use rights, property owned property have complete ownership of land, have exclusive use right. In the land use rights to a certain period of time, does not mean that the housing property will expire, you have the ownership of the house is an absolute exclusiveness. 　　
   In the expiration date of your business the right to use the land, you can according to the law to apply for a renewal, according to the "City real estate management law" provisions:"Transfer of the term of use as stipulated in contract of land use right, land users need to continue to use, should be at the latest before the expiration of the1Year extension, in addition to recover the land according to the needs of social and public interests, it shall grant approval. The renewal and re signed land use right transfer contracts, in accordance with the provisions of payment of the leasing of land use rights."　
 Therefore, you are buying shops, can be extended through the renewal of contract of land use, to achieve the use of indefinitely. Sina (micro-blog@Feng Jun)

1151, q:Teacher hello! I am a university student, want to ask the teacher a question. Now the graduation season, a few students in our director of professional together in the school to four graduates graduation photo shoot, together with a big four students, to help him take photos recorded video, but he won't give the money, now graduated, he had already left, since we have no evidence, at that time there was no and he signed the agreement, so there is no way to return money, about two thousand yuan. Want to trouble the teacher give me some advice. Thank you.

Answer: Hello, you said, if the other party denied that the agreement between you, you want to prove to be more difficult. We recommend you to collect the testimony of witnesses. Peng Keliang.

 

1152,Ask:Hello, want to seek advice, the sale of housing property permits, I is the name, the property permits to write isX.Finally, for example the two diverge, housing the ultimate ownership should be considered?

Answer: first, explain the difference between these two documents.
Property certificate is the certificate of house ownership, housing all the warrants. Is the issuance of housing the seat of the government real estate administrative departments. Housing management authority certificate is the only legitimate certificates of the right of people to have housing ownership and possession, use, disposal and the proceeds right to housing exercise.
Property card is the use of state-owned land, namely the housing occupancy within the scope of the land use right certificate. Issued by the people's government is the location of the housing. State-owned land use certificate is the legal document that land users the legitimate use of state-owned land.
The real estate ownership contains two rights: housing ownership and occupancy of the housing within the use right of state-owned land. That is to say, a house should have two certificate, a certificate of housing ownership and land use right certificate.
Second, according to the "measures" management city housing management authority registration seventh: local people's governments at and above the county level by a department responsible for property management and integrated management of land, the property right certificates can be produced, a unified, in accordance with the "City real estate management law" provisions, housing ownership and occupancy of the housing land confirmation of the right to use and change range, were included in the real estate certificate. Property right certificates style construction administrative departments of the State Council for the record.
Now all over two permits will Become, unified issued certificate of real estate property, namely the certificate and record housing and housing occupied land, is the housing ownership and land use rights are unified registration.
In this case, according to what you said, the house has two documents. The registration did not take Become registration.
Third, according to the "measures" management city housing management authority registration sixth: housing management authority in the registration shall follow the housing ownership and occupancy of the housing within the land-use right subjects consistent principle.
According to the "City real estate management law" article thirty-second: the transfer of real estate, mortgage, housing ownership and occupancy of the housing within the land-use right transfer, mortgage and. Owned housing ownership, must have the right to use the land, not possible without housing ownership of land use rights. That is"To go with the housing". So, when the two documents to the registration rights is inconsistent, should take the house property certificate shall prevail.
"City real estate management law" article sixty-first paragraph third: real estate transfer or change, shall apply for registration of change to the real estate property management departments of local people's governments at or above the county level, with the change of housing all of the books to the people's government at the same level of land management departments to apply for the registration of land use rights changes, the land administration department of the people's government at the same level by the people's government at the same level verification, replacement or change the land use right certificate.
In the case of real and registration is not consistent, housing ownership certificates have to transfer your name, or suggest that you will land use right certificate also changes to your name, according to the above provisions, you hold the housing ownership certificates to the Bureau of land and resources to change the land use right certificate for your rights.
The reasons are as follows: No 1 only property permits land certificate is not a loan. Only 2 of real estate certificates without land certificate can not guarantee the purchase of housing security, not "use of land" land rights are not protected by the law. (1), "City Housing Units valuation guidance" provisions of article third, Housing Units assessment price for the demolition of housing real estate market prices. Therefore, the minimum compensation includes not only the ownership of the house value, also contains the value of land use rights. Consumers in the purchase of real estate, will have to pay the corresponding land use fee. But property buyers if not for the use of land, in the demolition process may not get the corresponding compensation for land use rights. Because without the use of land, 844000 units could not confirm the legitimate use of right of land owners. (2), change the land use right certificate can be aware of the housing occupied land mortgaged use rights situation. Some real estate developers because of lack of funds, and construction land use right to the bank as collateral for the loan. According to the "property law" the 182nd regulation, mortgaging the right to use construction land, the buildings on the land shall be mortgaged together. The purchase if not asked for "use of land", is not easy to understand the set in the land use rights of mortgage, it cannot avoid the risk. Once the real estate developers to repay bank loans, the bank will auction the right to use the land, and from the price of first refusal. While real estate buyers will be very difficult to protect legitimate rights and interests. (Cheng Chen, Sina micro-blog@Major case-Cheng Chen.

1153, q:The plaintiffs in the2009Years9Month of pregnancy, respectively in pregnancy7Week,26Zhou (CDFI),35Week,37Week,40Week, successively in the * * * hospital (hospital) done5Times ultrasonic inspection.2010Years6Month7Day, the plaintiff delivered a baby boy, the child was born when the head had a ca.3.5*3.5*4.5Bag, skin without hair. Second days after birth in the hospitalCTDuring the examination of skull defect, hospital, the hospital no inquiry children, nor any medical opinion on the birth certificate, and child health column fill in good.
After the full moon child, the plaintiffs family with children to the Beijing Children's Hospital for treatment, diagnosed with congenital meningoencephalocele. When the doctor said do not recommend operation, risk, not receiving hospital operation. Children9The two month to Beijing for operation, for more than two months.
The plaintiff in the hospital has5Ultrasonic examination, were not found fetal malformation. The Ministry of health, in the16To24Weeks should check out six kinds of deformation have encephalocele. The plaintiff in the hospital during production inspection, the hospital did not do the duty of disclosure, the hospital for check what time do what examination project did not inform the pregnant women, pregnant women, missed the best inspection period. And ultrasound examination the doctor does not have the qualifications,BSuper single has not signed by a doctor.
Once the court, the defendant to the plaintiff's evidence, evidence to proveBSuper doctors without qualification. The plaintiff did not cling to one's view each other16--24Week check, after this time will not check out, and does not recognize the failed to inform the duty, the corresponding evidence could not get out of the.
The court finally decided by the defendant to do medical responsibility verification,7Day period expired, not as a waiver. The defendant did not do identification. The court in two months after the notification of the plaintiff to the court, let the plaintiffs do identification, the plaintiff did not agree (the plaintiff evidence enough to prove that the defendant has the responsibility, the court decided by the court) mat money identification, or lose what money.
In this case, the plaintiff evidence, the defendant without any evidence, the court did not wrong?This case should be how to play. (the defendant director brother is the financial director of the county)

Answer: you consult the problem belongs to the liability of medical damage disputes, you this type of case, theory also known as wrongful birth suit. Decision hospital shall bear tort liability, need hospital behavior also have four elements: illegal act, fault, damage, causality between illegal acts and damages.
The medical profession has its particularity: due to the limitations of existing medical technology, even there is no fault diagnosis and treatment behavior of medical staff, also can't guarantee to achieve the desired result or good results. Therefore, to determine whether the hospital has fault, not simply on the basis of the results to judge.
Because the hospital whether there is fault, illegal behavior and illegal acts and damages whether a causal relationship exists between all belongs to the technical problems of very strong professional judges, according to daily life experience, be judged directly, therefore, the liability of medical damage disputes trial often need professional technical appraisal help.
Mention of professional and technical appraisal of the responsibility, shall bear the burden of proof shall bear. The medical behavior occurs in your v.2010Years7Month1Before the implementation date "tort liability act", should apply the time on the inversion of burden of proof, namely by the hospital to undertake for identification and to clear the hospital whether there is fault and fault and damage there is a causal relationship between the responsibility and participation consequences through the identification conclusion.
In both of you to refuse the application identification in case, the court to find out the facts, authority to delegate identification and disbursements, and according to the appraisal results shall be borne by the losing party identification cost, there is nothing wrong.
In view of the fact that you consult the case involves two medical and legal professional very strong field, suggest you hire professional medical lawyers help you to identify and trial, fully explain medical problems, to the greatest extent protect you. Nie Xue Sina micro-blog@Standing in the snow120)
      

1154, q:Hello, I want to consult. Xiamen family planning the provision of family planning children cannot be placed in the demolition. Planning a relocation Legislation Rights? You can tell the Family Planning Commission in Xiamen? How to operate?

Answer: first, the premise is the expropriation of land, the land is divided into: the collection of city land and rural land expropriation. According to what you said, the population resettlement compensation and a related, according to the "law on land management", this is the collection of rural collective land.
"Land management law" article forty-seventh:......Collection of cultivated land resettlement fees, shall be calculated according to the number of agricultural population to be resettled. Number of agricultural population to be resettled, calculated in accordance with the number of the quantity of cultivated land expropriated land expropriation before divided by average per unit land occupied.
Know, whether deemed placed population, the population is Is it right? Expropriation unit members, expropriation refers to the rural collective economic organizations, namely: is placed, see the population Is it right? Members of the rural collective economic organizations. A farmer is a member of a collective economic organization of the standards: the household registration and its production, the collective economic organizations located in life, and consider.
For family planning children, as long as the child after the processing of the relevant administrative departments (such as a fine) and through the legal procedure in the rural collective economic organization, the child should belong to the object is placed.
In practice, the new population not to run the account procedures or has good account procedures but does not share the responsibility for compensation and resettlement for the field not grounds. This, according to the provisions of civil law, natural person's civil right ability begins at birth, since its birth shall enjoy civil rights, as long as they can confirm the land compensation and resettlement fees generated after birth, should determine the allocation of qualification.
To sum up, plan to children as long as they can legally into people's homes to rural collective organization is levied (including have settled in and not good for the account) shall have the qualification by the resettlement compensation.
Second, according to the "legislative law" article eighth: the following matters can only make the law:......(Six)Levies on non-state-owned property; this case is all the government expropriation of rural collective land, the rural collective all land belongs to the non state owned property, the expropriation of rural land issues can only make the law. Have the right to establish legal authority is the National People's Congress and its standing committee.
"Legislative law" Ninth Article: matters of the law eighth stipulation has not formulated the law, the National People's Congress and its Standing Committee have the right to make a decision to authorize the State Council may, according to the actual need, on the part of one of the first to formulate administrative regulations.
Visible, just the expropriation of rural land can only make the law and administrative rules and regulations.
At present, the expropriation of rural land resettlement matters specified is the "land management law" (Law) forty-seventh and the "Land Management Law Implementation Regulations" (regulations) twenty-sixth.
Xiamen is the capital city, is a large city, according to the "legislative law" seventy-third article: the people's Government of a province, autonomous region, municipality directly under the central government and the larger cities may, according to law, administrative regulations, local regulations and the province, autonomous region, municipality directly under the central government, formulate rules. Local government regulations may provide for the following:(A)Should be formulated regulations to implement the provisions of laws, administrative regulations, local regulations;
The Family Planning Commission in Xiamen city is a department of Xiamen City Hall, the Department has no legislative power, no legislative power to levy resettlement compensation. If the Xiamen Family Planning Commission for"The child shall not be placed outside the plan"Made of normative documents, then the file is invalid.    
Third, in this case, is not the way you adults tell the family planning commission. Because is the collection of your land and housing administration and your house resettlement compensation agreement signed, if the government in the Planning Commission issued"Of the birth control child not for"Provisions of the child will not plan to make placement decisions, is the government's behavior is illegal. At this point, you can the government as a defendant, bring an administrative lawsuit to the court. Or to the government at the next higher level of government to apply for administrative reconsideration. Suggest you entrust a lawyer.
(Cheng Chen, Sina micro-blog@Major case-Cheng Chen.

1155Ask: ask, Heping District, Shenyang court verdict last week will inform us lawyers, sentence a year. My brother last year7Month16The arrest, has been in detention until recently, a formal decision. Is it right? Means this year7Month15No. the determined will put people? Family counseling judge, text messages do not return, the phone is switched on only said busy and then hang up, reluctant to inform. Feel shy, case and new progress:My brother because of suspected pyramid sales last year7The month was formally arrested locked in jail. This year6In the Shenyang district court sentence of a year of peace. So far is held one year. The results in another party (Kim, the pyramid selling organization actual operator and the subsequent emergence and expansion of the leader, my brother at the beginning to Shenyang lecture, then pulled out of the organization, it was identified as a sponsor. Because gold is a native of Shenyang, so for bail during the investigation procedure, a year has not been held in detention) now, down the sentence, Kim didn't want to serve, appeal, the judge said the ruling could not take effect. We won't appeal, why my brother can not come out? The judge said that now can apply for bail, if this time for the words, the premium will be returned to us? Have to pay a $twenty thousand fine. The wordy, please forgive me!

Answer: the first, "the interpretation of criminal procedure law" 311st: a case of joint crime, only the part of the defendants appeal, or the prosecutor is only part of the defendant's appeal against the sentence, or the people's Procuratorate is only part of the defendant's decision to lodge a protest, the people's Court of second instance shall examine the case, together.

In this case, your brother and a joint crime. Kim appeal, although your brother not to appeal, but according to the law, the court of second instance will be the case review, your brother still to participate in the entire process of second instance. The second instance trial period2Months, if meet the statutory conditions, will extend the deadline. According to what you tell, can infer the procedure of second instance is not the end.

The two trial of uncertain validity, then a judgment is in a pending state, whether its effect depends on the two trial. If the two judgment was upheld, a judgement force. Adjudged or remand, a trial will not take effect.

According to the "criminal law" article forty-seventh: the prison sentence, calculated from the date of execution; execution of detention in custody before, a day to be shortened by one day.

2013Years7Month15Day, your brother was custody is a trial to determine the sentence, but the verdict is not yet in force, whether this should release parties, controversial practice and theory, the usual practice is not released. But change coercive measures. That is the case, the court to take bail to your brother.

Second, "Criminal Procedure Law" article seventieth:Providing margin shall be deposited into the margin account executive specialized organs designated bank. "Explain" law of criminal procedure 124th was accused to bail the judgment becomes effective, shall cancel the bail, return the deposit, if the metal in their personal property, the people's court may notify in writing the public security organs will deposit transfer people's court, in order to victim restitution, perform incidental civil compensation obligation or the execution of property punishment, the remainder shall refund the defendant.

In this case, the verdict after the entry into force, in accordance with the law shall cancel the bail and refund the deposit to your brother, for victim restitution, perform incidental civil compensation obligation or execution of property punishment, the remaining part should be returned to you. But in practice, the premium is very difficult to come back. But at present, did not determine the trial results, your brother won't be released, if not to apply for bail, means that your brother will be always held. So, it is up to you to weigh the advantages and disadvantages, it is willing to pay the premium, let my brother out first; or are willing to continue to be detained, two trial results. (a morning Sina micro-blog: Major-Cheng Chen.

 

1156, Q: Hi, my name is Wei Xiaoyi. I want to ask for the contract issues. I bought a real New Horizons in Nanning City mortgage a house. But because the loans overdue repayment records, with the developers cooperation Chinese banks to raise lending rates and buy their designated insurance only loans, I consulted with other commercial banks, no direct relationship with the interest on loans overdue record. So you want to replace the bank loans, but developers to only cooperation and Chinese banks require only with China bank loans, but no bank loans purchase contract terms. If no agreement is reached through consultation, and if I refuse to loan to China bank, then only the default return a house. I want to ask, if I'm going to prosecute developers, requirements agreed to the replacement of bank loans or full refund check-out, in the current contract law, can win the case? Thank you, could you answer it for me?

Answer:1, "consumer protection law" article9Provisions, consumers have to choose the right products or services. Whether developers or financial institutions, it should not be limited to bank loans. Real estate developers designated bank loans approach, is a violation of the legitimate rights and interests of consumers. Consumers have the right to refuse, but also can protect their own rights to choose legal means.
2, between you and the developers of housing sales contract and not the designated bank loans agreed, in consultation with the developers fail circumstances, your loan can not handle, it will cause the entire paragraph can not pay the purchase to the developers, is likely to lead to your overdue payment from the liability for breach of contract. In order to avoid you unable to handle the mortgage loans have default responsibility, suggest you make telephone recording in the process of negotiations with the developers, because developers designated bank loans retention caused by your evidence of breach of contract, pay attention to developers and sales staff is the best person in charge of the negotiations were recorded, and not the general sales agent. At the same time, you also need to other banks, consulting, and prepare related materials need good loans. Suggest you can hire lawyers, consultations with the developers in the hands of the relevant evidence, and to solve the loan problem. If the prosecution case, the best grasp the developers designated bank loans, cause you can't handle the relevant evidence of loans, the chances that it will win some. (Du Hongtao, Sina micro-blog@Major case-Du Hongtao.

1157Q: what, was sentenced to two years ago to ask sentence commuted! When the need for understanding the book to my family? No understanding of to be affected?

Answer: according to the "criminal law" the provisions of article fiftieth: sentenced to death with a suspension of execution, the execution period, if not intentional crime, after the expiration of two years, to life imprisonment; if there are major meritorious service, after two years, reduced to twenty-five years in prison; if the intentional crime, verified, approved by the Supreme People's court, execution. That is to say in the two years of probation period no crime is changed to life imprisonment conditions, the understanding is not a requirement, there is no understanding without influence of commutation. According to the "criminal law" provisions of article fifty-first, during the period of suspension of execution of death penalty, calculated from the date of the judgment. It says up to two years probation period from the date of entry into force of the judgment, meet the above conditions, the full two years can apply for the commutation of the sentence. The specific procedures for reporting; first by the prison sentence materials, and then by the Provincial Bureau of justice undertakes the examination, according to the "on the proposal for commutation, parole work procedures" submit commutation and parole review panel review, reported in the Secretary for approval, the higher people's court ruled last shall be reported to the local. (Du Hongtao, Sina micro-blog@Major case-Du Hongtao.
 

1158Q: I was in Henan, Pingdingshan, Ruzhou, since the country closed Township Foundation to now, more than ten years are in the "surplus" on the basis of dealing with percent3-5Per cent3Even the interest is not enough, for now. CDs written on every deal with numerous amount back, when such efforts to deal with? There are also private fund while collapse also play to depend on not to, we the people but also because this fried city standard, but it did not give you any, private, state-run each to have the Spring Festival give you the remaining deposits2%,200All about this a lot, according to their dead man may not take out money. Now inflation money has depreciated by many, and they now have a market capitalization is not completely clear. Rural people's hard-earned money really is not easy, many people in the face of serious illness, the disaster can only hope the certificates of deposit and helpless, even at the end can only sigh and can't get their hard-earned money of a few people. Do you have to deal with policy foundation deposit, do like this?

Answer:1The township, foundation belonging to the problems left over by history, the relevant provisions of a "Notice of the State Council forwarded the working group to rectify the rural collaboration foundation clean-up rectification plan of rural co-operative foundation" (国办发〔1999)3Number) and "Henan province to clean up and rectify the rural cooperative fund the implementation of the work programme" (Henan Zhengban (1999)17No.), "the Henan Provincial People's Government Office on a clean up and rectify the rural cooperative fund will follow-up work notice" (Henan Zhengban[2002]No. 4).
2Among them, Henan Zhengban[2002]4Text of the request"The central to local government special loan work has been completed, has not been fully paid to depositors, be sure to2002Years1By the end of the month payment to depositors, and never allow the long stay in the financial departments at all levels, but does not allow for other purposes. Future honour depend entirely on the solution. All in accordance with the commitments, to raise funds through collection of arrears, save expenditure and other measures, ensure farmer deposit paid."Other local regulations generally in three to five years after the payment, but the provisions of Henan province without time limit. For the unpaid part of the provincial government requirements, all around the township to resolve. Information about a lawsuit, had similar cases, the court to the Supreme People's court vice president Li Guoguang on the "Legal Daily" a "Q", because the local government is the rural collaboration foundation to conduct a comprehensive cleanup and rectification, the rural cooperative foundations for the dispute, the people's court shall still not to accept the. But do not know whether the recent loosening, if can suit, can the local township government as a defendant, requirements for the honour. Secondly, to the province clearing work team to rectify the rural cooperative fund will reflect, request to resolve. (Du Hongtao, Sina micro-blog@Major case-Du Hongtao.

 

1159Ask: ask: my aunt, for others to loan fifty thousand yuan, the borrower flight, creditors will borrowers and my aunt is sued to the court, not against the borrower's spouse. As far as I know, during the marital relationship debt for debt. I would like to ask, my aunt as the defendant, the means by which how to let the borrower's spouse can also bear the corresponding responsibility for repayment?

Answer: according to the "opinions" in civil litigation53And the "security law" judicial interpretation of 125th, one hundred and twenty-six provisions: the court will borrowers and your aunt as a co defendant by the fact that I can't judge your aunt the suretyship modes, namely general guarantee or joint liability guarantee. Ensure that the different ways will directly determine your aunt rights in different ways, so we will divide the situation described.

First, the "security law" seventeenth article: the parties agreed in the contract, the debtor is unable to discharge the debt, guaranteed by a guarantor, as a general guarantee.

The guarantee in the main contract dispute without trial or arbitration, and the debtor's property law enforcement is still unable to fulfill the debt, the creditor may refuse to undertake the suretyship liability.

If your aunt and creditors to make the stipulation in the contract, is the general form of guarantee. General guarantee people enjoy plea. According to the "interpretation of the guarantee law" provisions of article 126th, specific to the case, the court will in the judgment clear in the borrower's property law enforcement can not fulfill the debt, only by your aunt bear the liability of guarantee. Otherwise, your aunt has the right to refuse.

According to the "two" twenty-fourth interpretation of the marriage law: creditors during the marriage, the couple on the name of one of the debt claim rights, shall be handled according to the conjugal debt. But one of the spouses can prove that the creditor and the debtor has explicitly agreed to personal debt, or can prove that belong to the nineteenth marriage law provisions of the third paragraph situation except.

"Marriage law" nineteenth paragraph third: obtained during the existence of marriage agree to their property of all, either the husband or wife foreign debt, known to the third of the agreement, property binding on either the husband or wife is all.

In this case, if the borrowers spouse cannot prove the exception specified by law, shall be recognized as the conjugal debt loan.

"General principles of civil law" eighty-seventh article: creditors or debtors for the number of two people above, in accordance with the provisions of law or the agreement between the parties...... Each debtor shall bear the joint responsibility, have to pay off all the debt obligations, obligations of people, has the right to ask the other joint debtors to reimburse him shall bear share.

The debtor's property to all its obligations as the guarantee, joint debtor is its common property as collateral. The debt owed by the borrower is marital debtor, the flight, the spouse of the creditor shall perform the payment obligation, namely to the joint property of husband and wife conjugal debt repayment. Therefore, before still can not fully repay creditors in the common property court for compulsory execution borrowers couples, your aunt can refuse to fulfill the repayment.

Second, the "security law" eighteenth article: the guarantor and the debtor shall bear joint and several liability for the debts of the guarantee contract, guarantee for the joint and several liability.

Joint responsibility to ensure that the debtor in the main contract debt discharge period expired not to fulfill the debt, the creditor may require the debtor to fulfill the debt, also may request the guarantor to assume guarantee liability within the scope of.

Article nineteenth: the parties to ensure that no agreement or the agreement is not clear, to assume the guarantee liability in accordance with the joint and several liability.

If your aunt and creditors will ensure that made the "security law" article eighteenth of the Convention, or there is no guarantee of agreement or the agreement is not clear, then she shall bear joint and several liability.

Specific to the case, the court will sentence you auntie bear agreed5Million guarantee responsibility. " thirty-first security law" the guarantee, have the recourse against the debtor. Your aunt after bear the liability of guarantee to the borrower, can recover. That is, at this time as the borrower to your aunt owed a debt.

According to the "marriage law" article nineteenth paragraph third, "marriage law explain two" twenty-fourth and sixty-seventh "general principles of civil law" provisions, the debt of matrimonial debt, your aunt may require the borrower to return the spouse5Million yuan. If she fails, you can sue. (Cheng Chen micro-blog: Sina-Cheng Chen.

 

1160Ask: Excuse me:Because the occupation of agricultural land, and by their own people, the neighbor a slight injury, has not admitted to his mistake, no compensation, and claimed that the neighbor one family. If the appeal, should in general be what direction?

Answer:1Slight injury to the plot remarkable slight, types of harmless, does not belong to the scope of adjustment by the criminal law in our country, so not to file criminal private prosecution.

2If the prosecution, you need to prepare the corresponding evidence such as the other side dozen photos, neighbor's testimony, if the alarm if you can take the relevant police records. The torts liability to the other party, according to the "tort liability act" sixteenth infringement caused personal injury, the reasonable expenses shall pay the medical fees, nursing fees, transportation fees and expenses for treatment and rehabilitation, as well as the lost wages. The cause of disability, should also be compensation for disability living allowance and disability compensation. Cause of death, should also be compensation for funeral expenses and death compensation. (@Haven't seen pork haven't learned pig run)

 

 

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