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 998th to 1040th legal consultation

 

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

 

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:

 

998Ask: Hello, I work in Zhuhai City, Qingyuan City, the company bought insurance for me, because Qingyuan city social security is cheap, is this legal? If you want to use the health insurance card, will be subject to many restrictions, the service can't enjoy it?

Answer: according to relevant regulations of our country, that is not valid. If purchased in Zhuhai city social security, use may be limited in Qingyuan city. Because China's current social security provisions under different usage shall handle the relevant formalities (similar to remote receive procedures). But the endowment insurance can now nationwide barrier free transfer. (Ji Jiabao, Sina micro-blog@Baldeagle-freeman)

999Ask: Hello, I have one thing to want to consult with you, I was in Inner Mongolia.2007Buy a building unit (second floor), then the real estate business said to live in, will soon give us Banfangchanzheng and land use permits, the money to buy a house is a one-time to qi. But don't give we do, our own to Urban Construction Bureau to do card, but the other said our top quality and does not meet the requirements to refuse to handle, the front row of houses but like our houses are for the property permits, we are now very entanglements, how to do it?

Answer: the first, "City real estate management regulations," article thirty-third:Is the sale of commercial housing purchased shall be signed sales contract date90Days, go through the land use rights and housing ownership change registration procedures. Real estate development enterprises should assist the purchaser of commodity housing for land use rights and housing ownership change registration procedures, and to provide the necessary documentation.

According to what you said, you buy xianfang. Therefore, you should sign the purchase contract date90Days for handling the registration of housing ownership and land use rights to change procedures. Real estate developers have the obligation to assist you to complete the formalities. Not entirely by the developers to handle your. Mainly for developers to assist you. Assist to provide relevant materials mainly include.

2007Years to buy housing, has been6Years, two cards still not running down, because if the reason developers that you cannot handle the two cards, according to the "commercial housing sales contract disputes judicial interpretation" eighteenth: due to the seller, the buyer in the following expiration failed to obtain housing ownership certificate, unless otherwise agreed by the parties, the Seller shall bear the liability for breach of contract: the contract is not agreed liquidated damages or losses is difficult to determine the amount of total prepaid purchase, in accordance with the provisions of the people's Bank of China, calculated with reference to the financial institutions of interest on overdue loans standard. You can ask developers to pay compensation for the losses.

Second, you should as soon as possible to all of the housing and land use warrants registration.

You want to governments at or above the county level real estate management departments to apply for housing ownership registration,

And then by virtue of the certificate to the same level government land management departments to apply for changes in registration of land use rights.

Personal property permits are required to provide the following information:

1, the purchase contract (original);

2, the purchase invoice (certificate copy);

3, the deed tax invoices (certificate copy);

4, housing repair fund invoices (certificate copy);

5, the stamp tax;

6, area of audit evidence;

7, the transfer of housing ownership registration book;

8, identity cards, residence booklet, marriage certificate (certificate of divorce, a single proof);

Land use warrants the need to provide the following information for individual:

1 Transfer changes to apply for approval of registration of right to use state-owned land housing packages;

2, large copy of the permit; (refers to the opening of business on the land acquisition of land use warrants)

3, real estate certificate;

4, a copy of ID card;

5, copy of certificate of marriage (divorce certificate, a single proof);

Around the specific requirements are not the same, you can consult the local housing authority and the land management department.

You said the local urban construction bureau to your house roof does not meet the quality that refused to, this is obviously illegal. "Regulations" City real estate management and open management seventeenth: real estate development project is completed, the experience of qualified, before delivery; without acceptance or unqualified acceptance, not to use. You know, a house has been acceptance, if quality problems, can not handle the real estate certificate shall not be a reason. Therefore, the government at the same level you can bring an administrative reconsideration or bring an administrative lawsuit to the court. Suggest you entrust a lawyer. (a morning Sina micro-blog: Major-Cheng Chen.

 

1000Question: what is the relocation of people to work, shall apply for evidence preservation can break?

Answer: Hello, if the demolition of housing to the authorities for the preservation of evidence of justice, demolitions must have legal documents in accordance with the law in force as the basis for. Otherwise, relocated to a dismantling illegal. (Ji Jiabao, Sina micro-blog@Baldeagle-freeman)

1001Ask:Hello, I work in sales for seven years in a Chongqing garment Brand Company, the company is headquartered in Shenzhen, currently in Chongqing, only one shop, the other brand and company in Chongqing also has no shops, but now the company proxy for I work brand ended, thus closing the store after closing, the company requirements our staff to go to other brand of other city to work, but I don't want to terminate the labor contract, the company will compensate?If there is how to pay? Which I have a colleague who is pregnant, she should be paid?

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.

1002Zhou Q:Hello, my sister sit car on the way to work factory car was hit by a truck, truck driver was detained after the escape. My sister was hospitalized for twelve days, due to head injuries, after discharge may want to review. But after the factory requires us to put on records, if the fair compensation during the period of review and hospital wages and related costs will not affect? Thank you.

Answer:1Medical records, and other related medical expenses, diagnosis fee list is direct evidence of your damage, if not necessary it is best not to hand, if the factory made, you can submit a copy of the original;

2Because of you, sister is on the road encounter traffic accident, according to the "Regulations" of the industrial injury insurance14The provisions of article, may involve the problem of industrial injury;

3If the truck driver, is causing your damage in carrying out their duties in the activity, you can sue for unit truck driver is liable for compensation;

4Is your sister, review and the hospital's problems, check whether must carry the records you can consult a doctor, but according to common sense, carrying case review helps to improve the accuracy of the review, can better judge your health recovery;

Major case-Wang Xiaotang.

 

1003Q: Hello, my father put the fireworks as fireworks burst was wounded in the right eye, eyeball was removed, was reported to the police, the Public Security Bureau after taking pictures, the local security department will be the fireworks storage, but two days before and the lawyer and judge to the evidence was security department informed the evidence had been destroyed, I would like to ask the next, what idea is there?

Answer: as you said the incident was the problem, immediately alarm, and the police photographs recorded, suggest you to apply to the court for the site. The public security organs of the inspecting records, photographs and other evidence to prove your father, fireworks, causing damage. Whether there is a causal relationship between the burden of proof by the producer of fireworks is defective, the defects and damage results. If the producer cannot prove, you can identify the product defects and defects and the damage of a causal relationship between. Producers shall bear the liability for compensation. (Zhiqiu guest, Sina micro-blog major Zhiqiu guest)

Then.

 

1004Ask: Hello, last year we defend the school in ban students "stall" selling daily necessities admission, need to sell, to pay to the security office400Yuan booth fee, or prohibit the sale. Another year opening season, estimate the school security department and in doing so, would defend booth fee to receive students (no fixed stalls, but the bedroom on the front lawn of the stall) is reasonable and legal? If reasonable and lawful, subject to the relevant departments of the license? Thank you

Answer:1The people's Republic of China Ministry of education, "college campus order management a number of provisions" seventeenth stipulates that: ban unlicensed personnel business on campus. Located in the campus of commercial outlets must operate at the designated place. Violating the provisions of the preceding paragraph, the school authorities can be ordered to stop business activities or off campus. This school has banned the unlicensed or not at the designated place to sell power.

 2In the campus, set up stalls, the general requirements for industrial and commercial license, the individual can be. If no photo, only temporary sale, the school agreed to allow also can.

 3At the same time, we should pay attention to, the school as the non operational institutions and non administrative law enforcement organs, in the absence of legal authorization and entrust the circumstances, not to the operator licensing authority. The fees are illegal charges too.

 4In view of the status of students in school, special, and in a weak, personal suggest you to pay the cost, save the receipt (indicate the charging items), request the return of the improper charges to the school to complete their sales. Major case-Zhang Tingyuan.

 

1005Ask: Excuse me, is such a case. The farmers open in the wheat straw burning, burning to our family of the ginkgo tree, and then we take the photos on the USB flash drive, and then go to the police station. Finally found other people set fire to, he also admitted that is oneself to burn, then returned to the unit to drive on the unit, second days found USB stolen, how do I how to rights

Answer:1You may bring a civil action, request the other party to bear your loss, photo lost it doesn't matter, both of you at the police station has the record of investigation, can be used as evidence; you can also collect other evidence or testimony of witness for you;

2If the other party is deliberately burned you, a ginkgo tree, ginkgo tree if your home with a large amount of value standard, may constitute the crime of intentional destruction of property, specific to the public security organs investigation shall prevail. Major case-Wang Xiaotang.

 

1006Q: I have a suite4Years ago to sellA, real estate certificates and land certificates toA, but to write my name, if later development, compensation two suites, can I toAA set of?

Answer.In this case you described, the other with the corresponding receipts and other evidence, may require you to change the registration obligations, if the other party in order to sue you, you may also bear the liability for breach of contract, if the other party not to sue you, when you apply to the court for a set of housing, the other side still can the defense. So I suggest you not to take such measures, and carry out change registration obligations as soon as possible. (Lei Wenxia --@Haven't seen pork haven't learned pig run)

1007Ask: Hello, I am a few days ago because have no ID card, but because the school to hand in a copy of ID card, my mother found the studio my ID down, came to my mailbox, now the studio may have my ID photos, all the time to make a copy of ID card, I do, in this case, if they are free to use a copy of my ID card will bring me a risk?

Answer: Generally speaking, the studio will not use your photos, if the malicious use, there is a certain risk. To be on the safe side, suggest you let your mother back. (Lei Wenxia --@Haven't seen pork haven't learned pig run)

1008Professor Xu, ask: Hello, I am a student of Chongqing University City, in January in the university town of Xi Jie Yi driving school car driving school, now closed, and the school staff also can not contact. Now I feel very helpless, don't know how to protect my rights?

Answer: if there is no connection to the driving school, can find the local traffic management complaints, to solve by Che Kwun sector, because the DMV is driving school management. (Zhu Yanfei, Sina micro-blog@Zhu Yanfei.

 

1009Q:, title (road traffic accidents)

Party:For theA.B.C)

Content (date2013.06.06

PartyADriving without a license without No. two wheel motorcycle rideBAcross the road, with theCSmall bus collided, causing damage to the vehicle,BDeath,AWere injured in the traffic accident.)

Lead to fault and responsibility for the accident:(ABear the main responsibility for the accident,CSecondary liability accident,BDo not bear some responsibility for the accident.)

Basic information of the parties concerned:(A, male,1994.11.13Household in rural areas)

(B, male,1996.10.15Accounts of rural, have been working)

(C, male,1986.09.03Residence city)

Excuse me, the parties"A"And the party"C"Respectively to compensate the party"B"The family how much compensation.

(city:Guangdong Province, Jiangmen, Kaiping city)

Answer: according to "the Supreme People's Court on the trial of personal injury compensation case applicable legal interpretation" the provisions of article seventeenth "the death of the victim, the relevant expenses shall be the obligation of reparation in addition to compensation in accordance with the rescue treatment the first paragraph of this article, should also be compensation for funeral expenses, was dependent for living expenses, compensation for death fee and relatives of the victims for funeral expenses of transportation, accommodation and loss of working time and other reasonable costs."

    Accordingly, the traffic accident compensation should generally include: funeral expenses, was dependent for living expenses, death compensation and the relatives of the victims for funeral expenses of transportation, accommodation and loss of working time and other reasonable costs; if the rescue, should also include medical fees, nursing fees; if the victim's family asked the spirit solatium words, the court will generally support the reasonable amount. The above-mentioned fees, the following main costs standards;

    The funeral expenses, the general for the local last year's average monthly wage of workers6Times, the cost for27842Element;

    Death compensation: if they have a stable job, calculated in accordance with the urban hukou, generally for accident occurred in urban per capita disposable income20Times, Jiangmen2013Urban per capita disposable income for the year30226.71Yuan, the cost is about604534.2Yuan; if calculated in accordance with the rural household, this part for the cost of210856.8Element;

The cost of living dependency: the general requirements of the victim has had the actual maintenance, there is no source of livelihood of people. If any,60Years of age, according to the local per capita living consumption expenditure20Times of calculation, per capita living consumption expenditure of rural residents in Jiangmen9795.60Yuan, the cost is about195912Yuan; if the deceased without need of maintenance people, such as minors, lose labor ability of parents, the cost does not need to pay.

    Mental solatium: will the court discretion, Guangdong provisions of the supreme30Million yuan.

    Other charges are in accordance with the actual amount determination.

    The main responsibility of traffic accident usually bear80%Compensation, secondary responsibility20%Compensation. (Du Hongtao, Sina micro-blog@Major case-Du Hongtao.

 

1010Ask: should, criminal cases accepted the victim's family sued the traffic police team two months not to reply, to the city's Procuratorate accused of criminal case filing supervision can't find anyone to complaints department, to the area's complaints department repeatedly receptionists are telephone reminders of no use! They are clearly not file a case is also to file the notice, area procuratorate also said there was no way. Also should find there is a lawyer? In addition to civil compensation judgement down required to pay litigation costs to appeal. The case is the court case for the people not to register personnel. Can you afford good lawyers rights, how much does it cost, can compensate the negative legal fees, need how many money? Can't win court!

A: what about your consulting criminal problems. You can submit to sue\Appeal.But I suggest that a lawyer to help you analyze your mastery of the evidence,Whether it is enough to prove that the other party is a crime,Then the accused.

What about your consulting civil compensation problem, you can hire lawyers to risk agency, that is you with the lawyer, first pay few basic fee, and procedural law, lawyer fee you are not over, if the final case to win, you then the case negotiated proportional to pay legal fees, if the case is lost, lawyers will not charge any fees. (lawyer Zhiqiu guest)

 

1011Q: Internet cafes, illegal business, involving an amount of ten thousand the following, and confiscated a computer ten thousand fine reasonable? The other operator is the rural poor households not fine, ask the operator what will bear the consequences

Answer: according to the State Administration for Industry and commerce to further intensify the investigation of illegal business "Internet cafes" to inform, to "investigate and punish illegal Internet cafes", different situation seriously dealt with. On the "Internet cafes" without a license banned, collaborative culture administrative departments, public security departments to confiscate all equipment to engage in illegal activities and the illegal income, impose a fine.

   Therefore, the trade and Industry Bureau can deprive you of your computer and the management for you in a certain range of fines.

   For you to ask about the pay fines, "administrative punishment law" fifty-first stipulates clearly the consequences: if a party concerned fails to perform the administrative penalty decision, make the decision on administrative penalty may take the following measures:

   (a) due to not pay the fine, a day by three percent of the fine shall be added;

  (two) according to the law, the attachment, seizure of property or the auction will be allocated to freeze the deposits of fine;

  (three) apply to the people's court for compulsory execution.

   Of course, the above processing need according to your specific circumstances in a specific treatment, if you think the punishment unfair or other conditions can go to the administrative reconsideration organ administrative review, or to the court for administrative litigation.

   According to what you say poor households can apply for a lighter punishment. Sina (micro-blog@Feng Jun)

  

1012Q:, the relevant provisions of the law on organ donation of mental patients

Answer: the first, "the general principles of the civil law" article thirteenth:The mental patient is unable to recognize his own conduct a person without capacity for civil conduct, represented in civil activities by his legal agent. The mental patient can not identify their behavior is a person with limited capacity for civil conduct, may conduct civil activities appropriate to his mental health; in other civil activities by his legal agent, or obtain the consent of his legal representative.

Article fourteenth: without person of civil action competence, person with limited capacity for civil conduct guardian is his statutory agent.

Results: the mental patient is a person without capacity for civil conduct or a person with limited capacity for civil conduct, represented in civil activities by his guardian.

Eighteenth guardian shall perform their duties of guardianship, protection has been guardian of the person, property and other lawful rights and interests, except for the interests of the ward, shall not handle the property of his ward.

"Human Organ Transplant Ordinance" article seventh: should follow the voluntary, the principle of free donation of human organs.

Article eighth: donation of human organs citizens shall have full capacity for civil conduct. Citizens to donate their organs must be willing to donate the written form, to have expressed willingness to donate their organs, have the right to revoke.

Citizens who disagree to donate their organs, no organization or individual may donate, removal of the citizen's human organ; citizens had not said don't agree to donate their organs, the citizen dies, their spouses, adult children, parents can represent the common consent to donate the citizen human organ intention in writing.

It is known from the above provisions, the donation of human organs must be voluntary, only the full capacity for civil conduct talent can donate organs.

The mental patient is without civil capacity or with limited capacity for civil conduct both decide to organ donation, or is it the guardian's consent and organ donation behavior is invalid. (a morning Sina micro-blog: Major-Cheng Chen.

 

1013Ask: Hello, excuse me, extorted forced on it is illegal

Answer: family planning enforcement on illegal. Violation of personal rights of citizens. Family planning only suggestions on rights. In the event of such a situation, can complain to the family planning management department. (Ji Jiabao, Sina micro-blog@Baldeagle-freeman)

 

1014, Q: I apply for a retrial in the high court and submit the investigation and evidence collection application and relevant clues and materials, but the court did not take you rejected my application, I extracted again for more evidence, trial, but was told that the Supreme Court will only accept a retrial, and later to the Procuratorate for anti lawsuit, but was told over two years the term, does not accept, I how to safeguard their rights

Answer: the parties to apply for a retrial, the judgment, ruling two years shall be legally effective within the. Your situation to apply for a retrial deadline has passed, I suggest you appeal, appeal without limitation of the duration and number of. (Mr. Peng Keliang)

 

1015Ask: ask you, lawyers, our house is nine six years my father's housing funds, then funds of twenty thousand blocks, and the company's files there are as follows: housing management approach Housing allocation staff only the right to live, the ownership of all of the company, has one of the following factors, housing the company recovered and returned to the principal:1I do not want to continue to live;2To leave because of the mobilization of the company;3I accidentally killed their families no longer live;4Provisions of the state policy changes and otherwise. All housing workers without approval shall not be arbitrarily changed chaos to build houses, damage compensation, the company free of rent.            A few years ago, my father died because of inductrial injury accident, then the real estate certificate has not handled. The company has been in the two years before the cancellation. Now that the original company boss for his personal name all the house for his real estate license. Excuse me, I can not agree? Or what compensation? I have this situation should be what the law? Thank.

Answer: first of all, between your father and there is no agreement on the financing of the housing units in violation of laws, administrative regulations, the mandatory norms, should be recognized as effective. As you said, housing ownership is all right, you only live father.

   Secondly, if your father and the unit agreement about how to deal with property companies after the cancellation, shall be in accordance with the agreement.

   If no agreement, companies have been cancelled, the property was re distribution. As you said, the property assigned to the original owner, although the company registration, legal behavior during but cannot deny the existence of the company. According to the provisions of the contract law, housing ownership changes occurred in the lease period, the lease contract does not affect the validity of the. But you as the use right of house people, for your boss to handle the real estate certificate, you have no objection. (Mr. Peng Keliang)

 

1016Ask: Hello! I want to ask about the problem account:I am married people, but at the end of the household registration has been moved in the ex husband, now I need to do a passport, what should I do? Thank you.

Answer: according to the provisions of the existing household registration certificate, passport requirements. In addition to Beijing, Tianjin, Shanghai, Chongqing, Guangzhou, Shenzhen six city, elsewhere in the residence to apply for a passport must account for the location. You have to divorce, but the account has not yet moved with her ex husband, can negotiate the use of the account of the passport. Furthermore, according to the "Household Registration Ordinance" article10Article1Paragraph: move out of the accounts of civil jurisdiction, or by my household registration account to move out before the authorities moved in registration, receive the transfer documents, cancellation of accounts. You can keep this account, identity cards, and her ex husband consultation, to the residence to the police station for processing accounts. (Du Hongtao, Sina micro-blog@Major case-Du Hongtao.

 

1017, ask: Hello, I have a real estate advisory,1997Due to family housing difficult mother unit with a rental housing, is to pay a monthly rent to Fangguansuo that, mother let our family moved to live, to ease the home housing tension, because is the mother unit, so the rental card name is mother, and put another account my son, and I will move into account the households,2002Due to the municipal 844000 housing units, according to the policy of combining area and residence were get housing compensation and incentive fee is15Million, and offer to purchase 844000 houses, I parental consent for this15Million and then posted7Million to buy a set of housing, the residents group said there must be my mother's name property permits, other property can be arbitrarily, so I and my wife and I also write the names of the production of housing, or shall we live,2008Years in the parents go to the sale of housing transactions by way of the mother's 1/3 property purchased property permits it, my wife and I bought this part of the property name, money is certainly not out of this year, my brother asked me to say this house mother, request the cut, ask his proposition? If it was true what split? Because when buying when prices now with the price difference! Please can you help me answer!

Answer: you currently houses have in you and his wife's name, the housing transfer procedures for the sale, is a gift, but the gift is already in effect. In the absence of serious violations occur the donee donator or his close relatives;Or to the donor support obligation and does not perform the situation, donor is unable to revoke the gift. And housing property changes to register, the property right registration in you and your wife's name, your mother is not the property of the owner. Your brother is now to split the property, there is no legal basis. (Du Hongtao, Sina micro-blog@Major case-Du Hongtao.

 

1018, Q: Hello, my brother is in prison, my sister-in-law wants to divorce him now, they had a two and a half years old child, my sister-in-law in children after the full moon walk, walk has been can not contact her, my parents and my children have been in custody, she now give us want a divorce custody, can give me or my parents do it?

Answer: according to the "marriage law" article36The provisions of article: "after the divorce, breast-feeding period in children, breast-feeding mothers with the principle of dependency. After breast-feeding their children, by raising questions such as the two sides dispute can not reach an agreement, the people's court according to the specific situation of the rights and interests of the child." custody issues, both sides can negotiate. If the negotiation fails, the court in divorce proceedings will benefit from physical and mental health of children, to protect the legitimate rights and interests of children, judgment. The general court will judge according to the following provisions on "people's courts in the trial of divorce cases handled some concrete suggestions" child support problem of the:3For more than two years of age, minor children, father and mother are required to live, a party is in any of the following circumstances, can be given priority (1) have sterilization operation or loss of fertility for other reasons (2) living longer with their children, to change the living environment was unfavorable to the healthy growth of children (3No other children), while the other side has other children (4The children live, favorable) on the growth of children, and infectious diseases, the other party has permanently or other serious illness, or other unhealthy situation of their mental and physical, not living together with their children.4Paternal and maternal, child rearing conditions are basically the same, both for children and their life together, but the child alone with grandparents or maternal grandparents living together for many years, and grandparents and have the ability to help children to take care of grandchildren or maternal grandchildren, can be used as the preferred children live with the father or the mother to be considered.

    Your children and grandparents are not guardians, are unable to obtain custody. Because the man in prison, and did not support conditions, the court decision by the prison staff to raise the possibility is not too large, but the "opinions" article4The provisions of article, and collect the home2Years, does not perform the child rearing evidence, such as neighbors testimony, the neighborhood committees that, as far as possible by the man who. (Du Hongtao, Sina micro-blog@Major case-Du Hongtao.

 

1019Ask: Hello, I think, the legal issues related to consulting, I handle the traffic packages in Mobile Corporation20Element/The month200Zhao Internet traffic and you outside give50Zhao (do meal), total250Zhao, Mobile Corporation in the expired will I haven't run out of the flow of clear, the next month to use new flow, and some flow beyond the fee calculation does not run out of flow is negligible, such behavior is a despot provisions, aggravate my responsibility to absolve themselves of obligations, Is it right? Manifest the principle of fairness, I to bring a lawsuit to the court to such demands it, thank you.

Answer: when the two sides signed the contract, the terms you have accepted. Do you think companies are exempt from duty, display fair, Mobile Corporation can be sued, but in practice is not easy to win. (Zhu Yanfei, Sina micro-blog@Zhu Yanfei.

 

1020Ask: Hello. My neighbour private to anti-theft door at home. After the door and my mother's bedroom as a wall. Mother is at menopause, neighbor daily home door, wake the mother, the mother will be very difficult to fall asleep. Last year, my mother wishes the two, find out a sudden deafness. Fruitless negotiations with neighbors, property fruitless mediation. Think through the courts. In cases like this, the lawsuit can win?

Answer: the neighbor to anti-theft door, give your life inconvenient, which belongs to the neighbouring relations disputes. Your mother found sudden deafness, if you think the other back door is too large or other tort causes, you can also to the court early infringement, require the other party to stop infringement and shall bear the responsibility for compensation.

The adjacent relation mutually adjacent immovable property ownership in the exercise of property rights, shall not damage the legitimate rights and interests of the adjacent, in considering adjacent the interests of all parties and public order, the property owner to be restricted in the exercise of property rights. You can according to the requirements of adjacent relation, bring a civil action, request the other party to stop infringement behavior.

The premise of the general tort: fault, tort, causality and damage results. If you want to ask a neighbor to your mother's sudden deafness bear tort liability, you need to prove that the other party is at fault and the implementation of infringement, your mother now appear sudden deafness, a direct causal relationship with the tort and your mother's sudden deafness.

To sum up, you want to prove that the other party tort and liability, matters proved to be more. As for the neighbor Sigai anti-theft door home the act itself, I think this is the disposition of property ownership, the law does not interfere. (Lv Bojie, Sina micro-blog@Onion head)

 

1021, (from major public mail)

Hello. One executive case, please help analysis:

Case summary: Zhang loans to a high100Million yuan, the agreed monthly interest2.5%, each3An interest payment month, not agreed repayment period. During a high agreement fails to pay interest to Zhang, Gao Zhang payment80Million yuan, is not clear for interest or principal payments, as a high responsibility parties nor the loan settlement. Zhang2012Years8Month when the district court proceedings, and in the same year8Month23 to the court for the preservation of a high at a local housing demolition, the court ruled on that day to save the demolition86Million yuan, and to assist in the execution unit (the local government office relocation and real estate developers).8Month23The trial on the case, the two sides failed to reach a mediation, the court chose decision support Zhang litigation request, a high pay loan principal and interest total Zhang110Million yuan. Gao did not appeal, ruling Zhang for compulsory execution. The court as the case and other reasons, has been delayed, in2012Years10In August, inform Zhang preservation amount paid a high specific, which assist in the implementation of a unit of payment. Until2013Years7Month10Day, the executive judge telephone inform Zhang preservation by real estate developers pay, real estate developers up a receipt issued by the, time2012Years8Month22Day, the day before the court of preservation have been paid, and paid by cash. The only objection or perform other property a high.

The truth is: a high Zhang understanding for the demolition area of the nail, drag a long time to agree to sign the compensation agreement demolition, preservation and served a notice for assistance in execution to the real estate developers, real estate developers in a vice president responsible for demolition to service judge and Zhang relatives complain, said nail finally settled, you saved the demolition, if she does not agree with the demolition of what we do, served after the judge also to the person in charge explained the relevant legal provisions, the responsible personnel reluctance on the receipt of service sign. The day is five pm, nearly all the local banks to stop work Business Hours. Therefore, Zhang can determine the money is in the preservation of ruling is served after payment, as may be after the receipt in order to avoid responsibility, a fake receipts parties after the blending of backdating. Please help analysis, have what way can safeguard the legitimate rights and interests of Zhang? Thank you. ,

Answer: A, "civil procedure law interpretation"108At the people's court for property preservation measures,In addition to the people's court to lift the preservation and the superior people's court to decide to terminate, in property preservation period, any unit shall terminate the measures of preservation.

"Civil Procedure Law" 111st article: lawsuit participates in a person or other person commits any of the following acts, the people's court may impose a fine, according to the seriousness of the detention; constitutes a crime, shall be investigated for criminal responsibility according to law: (three), transfer, sale, the hidden damage has been seized, seizure of property, or have been inventoried and property order the safekeeping, transfer of property that has been frozen;

    The people's court to one of the acts mentioned in the preceding paragraph units, can be the main responsible person or the person directly responsible shall be fined, detained; constitutes a crime, shall be investigated for criminal responsibility according to law.

According to the above provisions, you can request the court to real estate developers and a high penalty.

Two, developers will have86Million paid to Zhang, the court should be enforced immediately to Zhang property. If the court does not look up this86Million deposit, it can only perform Zhang other property. There is no other way. (Cheng Chen, Sina micro-blog@Major case-Cheng Chen.

 

1022I, q2013Years1Month8With the estate company signed a purchase contract, the contract2013Years7Month1Prior to the date of delivery of housing,2013Years6Month28Day, the estate company telephone7Month1To7Month15To handle the housing transfer procedures,7Month11The day I went to the estate company for the housing transfer procedures, the relevant documents signed housing, but in the processing process, the estate company did not show relevant certificates and test reports, and I did not ask the housing providers. After get the key left.
However, I got the key, I heard the house no construction project completion and acceptance, not the actual measurement of the housing area, housing developers can not provide the relevant documents and reports.
I and the real developers signed the purchase contract is such:Article eleventh1.The Seller shall, in2013Years7Month1Recently, deliver to the buyer the commodity house.2.The delivery of commercial housing should meet the following conditions:One is that the commercial housing has made the construction project completion certificate, two is the report of the commercial housing area measured Technology issued property mapping agencies qualified.
Article fourteenth:The commercial housing reached eleventh of the agreed conditions after delivery, the Seller shall deliver the day in10Recently, the telephone notice to the buyer for handover procedures of time, place and carry certificate. During the handover, the seller should show meet eleventh contract documents. The seller does not produce documents or produce documents not complete, can not meet the eleventh conditions of the agreement, the buyer has the right to refuse to accept, the resulting late others responsibility shall be borne by the seller.
Now my question is:One, I can not withdraw to apply to the court for confirmation, I and the estate company signed the housing handover procedures is invalid, if can, how to do?
The two is, if I don't cancel the relevant transfer procedures, but also the estate company7Month1After all, did not provide relevant certificate, can for the housing developers late others bear the responsibility?

Answer: you only need to claim responsibility of breach of contract can be delivered properly, you set the two answers itself

 

1023Ask: Hello, I, is also this year3Month tricked into Guangdong Zhaoqing marketing dens of college students, experience and today's news unfortunately killed students are basically the same, is looking for a job being lied to, fortunately I came out(They rushed to transfer me to the Foshan), and caught one of the MLM members to Foshan police station, director of the police station told me to be identified to the commerce and Industry Bureau is a pyramid scheme, I finally out of the police station, but I returned home to think of forced and beat in a marketing dens, put all the cash and bank cards, mobile phone away, threats, beatings I forced my say bank card password and the money taken. I was in the police station without detailed description to rob my financial situation will let me go, because is the field of home urgently urged home not to rob me of the case, in a hurry to go, read the news today, want to harm the pyramid selling those accused of robbery and sentenced to prison, the crime behavior I do not know, but what do I do now, now where to report, will not put on record, and I'm not too ample evidence.

Answer: you can report to the public security organs, bank card removed money records, can be used as evidence. But criminal cases by public security organs, to collect evidence. (Zhiqiu guest, Sina micro-blog@Major case Zhiqiu guest)
 

1024, Q: Hello: I am rural our house in the village committee's permission to a piece of land now for seven or eight years, because in the village, no power was oppressed to now no pad soil, many find CunZhiShu he always said no soil in the village, but this year the village mat just homestead good soil to build a house, and the place is the old man told us to cover marriage house, because can't cover the old housing reverse cover, our children are now five years old, we are the Hebei province Cangzhou Dongguang County in Hengxuan Cun Qiao xiang ma do such a thing, Wei will be illegal? How can I solve?

Answer: the village cadre group does not belong to the legal examination and approval, taking into account local township government to the village committee (not including the village cadres) approved homestead there administrative processing different, suggested that the letter from the Advisory to the local land planning department.

 

1025Q: my brother, is a labor contractor of construction site, he on the site of a construction worker, some time ago because of sick leave to go home, and take medicine injections, but unfortunately, he died second days. If the workers are caused by the death reason of his body words, labor contractor has no liability?

Answer: if the worker is because of their own reasons for death, your brother is irresponsible, but you need to prove that it is for their own reasons for death. Also need to pay attention to the following questions.
1If the other party is engaged in high-risk operations, no causal relationship you need to prove their result of death and your assignment behavior.
2If you lack the conditions for safe production or the corresponding qualifications, you need to prove that the other party has nothing to do with death.
In short you as long as proof that its cause of death can be exempted from liability, recommended the collection of each other's medical certificate, proof of the history sheet body corresponding disease, physical weakness and so on. Even so, the court may also according to the fair responsibility requires you to assume a certain compensation.
Personal opinion (for reference only@Haven't seen pork haven't learned pig run)

 

1026Ask: Hello, I am09Years of marriage, now have a daughter.11During pregnancy, found out about her husband's affair, there wasQQChat; yesterday found his home property permits, land permits out mortgage, borrow usury, before and after a total of23Wan (without interest). Yesterday I took home only6Million yuan deposit, the first batch of usury, the land certificate, real estate license redemption. We want a divorce.2011Years wrote a divorce agreement, but there is a correction, he refused to admit the divorce agreement now. Now live in Nanjing housing is her Shoufu, for each month also get out. House property card with me, he and his parents were four, I am2011Years later added, the house is2007Years to buy. I now want to is not the child of, as has been the mother-in-law, and I want to take what Yiwu in real estate, I can get? The same area of the same type of real estate1.4-1.5Million per square meter, the total area109Square meters. Thank you very much~I was in Nanjing, we are in love8Year of marriage4Years, my marriage failed, sorry

Answer:1Based on your description of your husband, the house property card certificate of land sold by usury behavior occurs in your marriage, according to the "two twenty-fourth creditors during the marriage, the couple on the name of one of the debt claim" judicial interpretation of the marriage law, shall be handled according to the couple's joint 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. So this part is generally recognized as common debts of husband and wife, you also should bear responsibility, but you can prove its agreed to personal property or the couple separation of property regime, all their own property, you do not need to be responsible for the debt repayment, before you can also to request the return of.

2About the problem to bring up the child, if the other party is not the child, if the child is not full2Years old, is awarded you the possibility of a larger, of course you can and the other party negotiation not to have children, but children need to take responsibility, the life of the child care and education to pay alimony.

3On the division of property in divorce, as you describe. House property card it is4The person's name, so you can only be used as common to all housing local claims that part of your property rights, i.e.1/4.

4According to the "marriage law" forty-sixth article has one of the following cases, lead to divorce, the innocent party shall be entitled to claim for compensation A)With 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. You have conclusive evidence that the other party derailed, may claim damages to the other party, including the material and moral damage compensation. Specific reference to the "Supreme People's Court on the judicial interpretation of the spirit damage compensation.

5Suggest a lawyer, to better protect your rights.

Personal views for reference only (@Haven't seen pork haven't learned pig run)

 

1027Ask: Hello, lawyer. Two couples were married to buy a house, mortgage loans, real estate certificate is husband and wife two people name, now a man of accident, death, want to get property certificate into the wife's name, what procedures, trouble? What procedures need to go? Want to sell the house, how the transfer? Additional, the loan has not yet finished

Answer: there are two main aspects: according to the related problem you exhausted loan transfer and the transfer of real estate certificates
If marriage is related to housing property, the man died, you first need to clear the question of succession, the common property of the houses belonging to the couple married, namely each half man, half of his inheritance of property first person have the equal right of inheritance. You can have no objection in the relevant successor legalization, with relevant certificates, loans, account of the death certificate, go to the bank, the housing management department to change procedures.
For housing loans have not yet finished, trade issue, whether to see this room in China's "guarantee law" provisions of the mortgage status. If a mortgage, but the mortgage registration, the registration of mortgage in the real estate transaction sector have been filed, before the release of mortgage is not allowed to change its name transfer, so can not be traded. If there is no mortgage, no other circumstances do not allow name transfer, you can handle the transaction procedures. Sina (micro-blog@Feng Jun)

1028, ask: Hello: I rented plants to the village people, a protocol (Figure),7Month30Maturity date. Two months ago with the landlord consultations rent a year over year, the landlord refused; after a few days then the first year to one hundred thousand, the remaining4Million second years to pay, but was refused; I always hesitate,7Month10Officially decided not to renew, results the landlord to no three months ahead of schedule with him not to rent the grounds, asked me to lease two years, a rent paid. Excuse me, according to the agreement, how should I do?
Answer: according to the "contract law", you can name in the lease contract, lease, the lease term, the number of use, and the way of rent payment, and lease repair terms expressly, so you must be in accordance with the contract, the provisions in your agreement, your contract is2013Years7Month30Expire on the terms of the agreement, and you only provisions: B2Years after the expiry of the lease term, such as the need to continue to lease should advance3Months to negotiate with Party B, without the termination of the contract have agreed, so you have no obligation to give three months notice Party A shall not lease contract expires, any party may unilaterally terminate the contract, you7Month10Officially decided not to renew, you have the right to do so, the landlord's request is unreasonable, you can ignore. Sina (micro-blog@Li Dan.
 

1029Q: are we, laid-off workers in Shanxi province Qinshui county silk Co. Ltd., company2003Years of reform, the company in order to solve the workers without housing problems, according to the county office leadership opinion on Reform2004Years4Month12Held on the board, decided the original single employee building public housing units not sold to employees, and the company internal publicity plan, to2004Years12Months to each8000-14500Yuan denominated public sale, a total of14(between14Households) were workers purchase, the beginning of last year the county city transformation required the demolition of our housing but not our accelerated compensation, the reason is that we do not have house property card, real time without the approval of government departments, the county government ordered the county administration bureau to the court for ruling our housing is legal, such as illegal will not give us our movements compensation. But we were bought by the regulations of the company, we know we have the house is legitimate, whether should give us accelerated compensation, if the transfer of the court we should do to prepare?

Answer:1The proposed reform, county office leadership opinion whether the formation of written documents or whether the file record. This restructuring of the office of leadership opinion is personal or organizational views matter;

2The ownership nature, your company is a collective or state-owned enterprise, management authority is set are related to restructuring provisions;

3The material, organization, see the property in the use process, workers are used to what identity, all people still use the people, confirm this multi ownership is also important;

4In accordance with the "property law", the creation of real property acquired in good faith system, as buyers can in unauthorized disposition situation and legal system of claim;

5Whether or not, you have property, but has not be controversial tenure, the use right of the compensation and resettlement demolition is to;

6You should be reformed, the relevant documents at the time, purchase invoices, why can not handle the registration of change of ownership causes, water and electric accounts using data collecting, advocate the legitimate rights and interests.

 

1030, Q: my wife and I and06Year of marriage. In the2010Years1Month3His wife gave birth to a son. This year2Month15No. put forward with my divorce. Why couples with. But the marriage to now I and she seldom quarrel, I also she always trusted. The results I have always trusted his wife back in6Years ago has betrayed me. While3Old son and a family man students. I always thought it was his son, it is their2A son. This year3Month11Number, my wife took his son missing. And the man in the Guiyang until7In the back. I haven't been contacted in such a long time to her. Not until yesterday did I see her. Now I am nothing, is it because of the resignation. Also No. I don't have any way to get a lawyer now, have no money. Every night thinking about me today? What should I do? I have written the letter. I just want to divorce compensation. If the law can not be also I just, I just died in the man home. They forced me. I was in Jiangsu Yixing.
Answer: "marriage law" and other relevant laws and regulations: bigamy;A person who has a spouse living together with others, the no fault party shall be entitled to claim damages. Therefore, you can sue to the court for a divorce, and demand compensation. (Zhiqiu guest, Sina micro-blog@Major case Zhiqiu guest)
 

1031, Q: my school often theft, many students cheap is to steal others in the dormitory of mobile phone or wallet financial, dormitory light I had gone three mobile phone, almost every day does not see the mobile phone or other financial things. But the report to the school, the school has no matter, the camera is not found, the alarm, the police also ignore, cause there theft rampant, many students think that do not bear the legal responsibility of illegal behavior, for this, how can I do? I think the reason whether the school is so as not to affect the reputation of the University, but on each occasion, the police will open a report a what matter, it annoys me! After all, we are also students China citizens, although lost financial in small numbers, but also thousands of yuan, but the police why no matter? Whether can the police complaints have default behavior? Or other.

Answer: if you are determined and police bar can try the following methods
1A good case, preservation.
2After half a month, no news, to apply for public information, require public police do what detection behavior for the case, the court case where.
3No public information, or refuses to accept the disclosure, sued not as. Note: there is no prosecution for crimes act, not necessarily.
4If approved, open content, half a month to apply for public information, ask the court case where.
5, the theory is established, but the difficulty is great. So you must be determined to be and it took on.
6In this case, the greatest significance lies in can understand the case progress through litigation, change reported to ignore you, rather than through the courts to let the police must solve the case.
7In this sense, it is glorious, is difficult to. Be prepared for. (Jing Hao, Sina micro-blog@King Mu Siyu)
 

1032Ask: Hello! Supermarket cashiers accept customer20Yuan and said only the10Yuan, the customer how adults? The cashier should bear the responsibility for what kind of green? Thank you.

Answer:1You can ask for the return of unjust enrichment, if not also, you can report it to the supermarket. If the supermarket has denied suggestions, gathering around customer testimony, the supermarket related video material, the supermarket for the accused to the court proceedings for the return of unjust enrichment.

Personal views for reference only (@Haven't seen pork haven't learned pig run)

 

1033, q:AThe female is not full18Years of age,BJun20Many years. Two were men and women friends, afterAFemale pregnancy. Because the woman not of legal age for marriage, both parents to discuss according to the folk custom, but the parents refused to.AWomen do not want to choose and gave birth to a son,AThe father finally inAFemale postpartum will soonBJun to court, in order to rape and kidnapping under what18Birthday girl. Please charge can be established? It is certain,AWomen withBThe relationship between the total process of you all are voluntary, but her father refused to.ANow the man Home Furnishing live female,BJun family to her or. The man to do? The woman's father and uncle more money, does it have any effect on the case? Very urgent, seeking answers, thank you!

Answer: do not constitute a crime. It was no other person. (Zhiqiu guest, Sina micro-blog@Major case Zhiqiu guest)

 

1034, Q: Hello, want to seek advice! Have a friend in a year ago with a person to buy a house, but because of real people, real has been seized by the court so as not to be able to turn the house procedures! But friends have made payment to Seller (payment which is part of the cash, part of real people and friends play lost friend money to offset debts)! But real people run! The house has not been friends! Because there are no real friends to find the real people's brother and brother-in-law each write a letter of guarantee! (there are real people and the relationship between men and women, brother-in-law), real people brother wife is a lawyer, so write a guarantee of the legal loophole, writing is to guarantee its sister, but his sister alive by their sister repayment, the younger sister not living by his! My brother-in-law guarantees effective, write received much friends buy a house, but the house seized can not buy, the help real people have to buy a house! But until this year, real people and his brother and brother-in-law are no money didn't what said, many friends to calm tone, call them, they have been dragged, this friend called two friends to real people, real people brother brother downstairs, don't do to him what, to real people brother units to pay back the money! And then to the court of appeal, but to the trial court to inform other friends also reported the underworld, report the friends before the gambling and gambling with some of the people! So can't start, I now ask what friends do! There are public security bureau how some programs can register and after! Thank you

Answer: the sale of housing is a civil behavior, has nothing to do with underworld and. Since the property seized, may request to terminate the contract, return a house purchase, pay the corresponding compensation. If the guarantee contract, and the parties to ensure no agreement or the agreement is not clear, can also require the guarantor to assume joint responsibility to ensure that. Can be sued to the court and ensure that people buy a house.
The criminal case is:1There is a crime.②The facts of a crime shall be investigated for criminal responsibility in accordance with the law required. If the file, start the procedure of investigation, investigation, have crime need to be investigated for criminal responsibility turned procuratorate prosecution, then the court verdict. (Zhiqiu guest, Sina micro-blog@Major case Zhiqiu guest)

1035, Q: husband and wife divorce, there is a one year old daughter, after a separation of mothers with children, the children grandpa a week ago said to the child pleaded home a week before the change, but the children hide, said before the court is not to see the child, mother is very anxious to see the child, newspaper the police, the police don't tube, mother how to protect the rights of children, see

Answer: children will hide not illegal, so through the alarm or other legal means is not what effect. The child is still small, the mother to get custody of the possibility of a larger. If the children to come back before the decision of the best, can reduce resistance (after the judgment of the Executive@Major case-Zhou Shishu.

1036, q:My family lives in a rural population in Hubei ProvinceAThe town,Want to buyBThe town of an old house,The owner to other provinces to settle,To get the house and their farmland and forest packaged for sale, please:Rural house what procedures need to do? Rural areas of farmland and forest the private sale of legal?If the legal,To which department do what procedures? We are looking forward to your reply,Thank you
Answer: not to transfer the right of access to all land collective. Rural Homestead only in the village collective internal transfer, do not allow other people outside the city or village residents buy village farmers housing. The right to land contractual management transfer transfer transfer, the parties shall conclude a contract in written form, and shall be approved by the employer agreed. (Zhiqiu guest, Sina micro-blog@Major case Zhiqiu guest)

1037, q:Hello,I would like to consult the labor problem.4I am in the ZOOMLION construction crane branch of the successful candidate,Later to arrange production base. I am the social recruitment,They say the trial. Trial contract is not signed. Cause I'm doing the same job,Lower than the intern. Under a leadership and then I said I want to go,He allowed me to go. I want to ask their approach is reasonable?I can complain about them?

Answer: the employer practices are illegal, according to the "labor contract law" article10A, the employing units shall sign a labor contract with the laborer in the date of employment. If the employing unit and the laborer starts working day than did not sign labor contract, a month so, employer employee each month to pay two times, if more than one year, then as the signing of non fixed labor contract with the laborer. The probation period is determined according to the stipulations of the labor contract labor duration, the longest probation period shall not exceed six months, if the labor contract probation period, the probation is invalid, the probation period for the duration of the labor contract. The probation period wages not lower than the wages of the unit of the same position80%And is not lower than the minimum wage standard. The practice is illegal, workers can be to the labor dispute arbitration institution of local labor arbitration application.

 

1038, q:Hello, I ask, my friend have a traffic accident, accident report has come out, the other car buckled down, there is no claims, the other to the traffic team to drive away, I'm afraid he ran, traffic team said I should pay to the vehicle delay buckle, what should I do

Answer: bring a lawsuit to the court, demand the other party to bear the liability for compensation. There is no direct relation between the trial and buckle car or not. (Zhiqiu guest, Sina micro-blog@Major case Zhiqiu guest)

1039, q:Hello, want to consult with my lawyer in this building is a high-rise residential, the upstairs owners rented the house out to open cosmetics company, the day the company is too loud, People are hurrying to and fro. footsteps, the serious influence our rest, we also went to the property complaintsNTime, the property also do not have what strength, want to ask such a situation to the court to prosecute them for? Can hit the camp? They are20Building a company. Thank you

Answer: the first consultation, the consultation fails if the proposed alarm, litigant way is possible, but relatively trouble, but also need to collect evidence by itself. As for the successful or not, not good. (@Major case-Zhou Shishu.
 

1040,Ask:If the play due to collision with each other and other teammates fracture whether people should be compensated in accordance with the fair responsibility?

Answer:1, in competitive sports, anyone involved in the activities is determined to default risk, no risk, human beings could not explore their potentials, so as to promote the development of competitive sports. For example, in theNBAOrCBAThe league, in addition to a flagrant foul foul obviously contains harm and intentional, usually due to collision movement situation lead to injury is not possible to request the other party to bear the liability.
2, folk sports activities and sports are different, the former 
Mass movement, in the process of movement due to collision with others and lead to disease, has no right to ask for compensation.
3As for the other party, shall bear the liability, in the litigation burden borne by you. Major case-Wang Xiaotang.

 

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