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 codeClient: Sohu News and search

This is the answer of 3306th to 3347th legal consultation

 

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

                 

Thank you for your trust and consulting! According to the information provided, combined with China's relevant laws and regulations, this paper answer is as follows:

 

3306Major of volunteers, hard. I'm from2012In August the company, signed a one-year contract, the contract away, don't give me that one, and then signed a contract in the salary and other parts are the pencil.2013Year in August the company signed a year contract with me, and like the previous contract also closed up.12Company suddenly put forward to dismiss me, on the same day to let me go, not issued to prove to leave. Company in the times requirement, company gave a proof of departure, leaving certificate says compensation has been paid off, actually only paid me a month's salary amount as compensation. The case in accordance with the labor law, I should receive the amount of compensation?

Answer:1First of all, you sign a contract with the company at the time, you should retrieve your copy, you should also think of the company's future is likely to work against you. But it is only the contract nature of the evidence, if you can provide other evidence, to overthrow the contract, then the contract for them is only a piece of white paper. But you probably cannot claim company did not sign a contract compensation.2, according to the labor contract law, if the company in violation of the labor contract law will you off, you can get the compensation to double compensation, that is three months of your salary. If the company on your dismissal did not have the specific circumstances in violation of the labor contract law, so you can still get a half months to pay economic compensation.

3,For your compensation, in accordance with the actual salary to calculate, if wages or bank records, to overthrow the company contract to you adverse wage agreement. (Su Dongyang, Sina micro-blog: no Lun Tingsu)

 

3307, Hello, our company is a Guangdong power grid Yangjiang Power Supply Bureau employee stock ownership, middle-level cadre bureau power supply as the power installation company management layer, for some people to buy housing provident fund part of people did not buy, some people (the old staff) can buy shares in the company of the people (2010Years after the new employee) no, I would like to ask how a us these new employee rights and interests?

Answer:According to the "Regulations" housing provident fund management fifteenth Unit employees shall, from the date of hiring30With outstanding registration to housing provident fund management center days, and a housing accumulation fund management center audit file, to be established or transfer by bank for employee housing provident fund account. Housing provident fund deposit is mandatory, units must be handled according to the procedures for employees paid and shall pay. In view of your presentation, and other new employees according to the provisions of the regulations on the management of housing provident fund "" first and unit labor union, the human resources department communication, communication in the unsuccessful cases to the local labor dispute arbitration institution for arbitration. On your second question, I do not know whether your company owned enterprises for Guangdong power grid Yangjiang Power Supply Bureau under the collective, Guangdong power grid Yangjiang Power Supply Bureau for the enterprise owned by the whole people, according to your description, your company by the enterprises owned by the whole people to escrow, if your company is a collective enterprise, but also in the2010According to the relevant provisions of the State Council years before the completion of shareholding system transformation, you and other2010Years after participating in the work of the new workers have no right to buy the shares of the company. If the enterprise according to the2011Years4Month18Day,Issued by the State Council18Document "Office of the State Council on the nationwide reform factories work guidance" in your entry to the shareholding system reform, then you have the right to participate in the enterprise's employee stock ownership, stock ownership plan, if the enterprise implement differentiated for new employees to treat you right, infringement of ownership, ownership, you can bring an action in tort. The proportion of shares, shareholding enterprises according to seniority, positions, titles and other comprehensive considerations, collective ownership staff consultation. Sina (micro-blog@Legal person Xue Binglong)                                     

 

3308The arrangement of the school, practice, children go down after a cervical spine injury, can human rights?

Answer:According to your presentation, as the case to see your child's cervical spondylosis is how to cause, the arrangement of school practice, ensure student safety obligations, if he is in practice in the course of the cervical spine injuries, according to the fault liability ratio, the school should bear the corresponding liability for compensation for personal injury, you can the first school consultation with the amount of compensation, if the school refused to compensate, suggest you bring an action in tort for personal injury. Internship units is the school arrangement, you only for the lack of management responsibility, between schools and internship units responsibility you can ignore, chase the responsibility by the school. On the other, if the child's cervical spondylosis has nothing to do with the internship, wounded by the lack of management in school, tort liability according to the principle of fault liability you can pursue school. Sina (micro-blog@Legal person Xue Binglong)                                    

 

3309In criminal cases, the defendant has been in jail. The court of civil compensation9.8Million yuan. In addition to the outside of the home and his wife and two daughters. The existing contract land home12Mu, is1997OK, then the defendant's mother lives together with four other children, but also bear the alimony. Now the court sealed the defendant and his dead mother Contracted Land Co6The right to operate mu, asked by a local village committees each year contract, with its income compensation plaintiff deserve compensation. Excuse me1This is a violation of the other members of the family property rights?2The village committee do so in accordance with legal procedures? Thank you.

Answer: according to the defendant of criminal incidental civil part of the execution, the court's decision violated the interests of others, court can only share part of the property for execution. You may submit a written proposal execution objection. As for the proposed the following question objection you can pay attention to my contact, I can further. (Bao Xinhua, Sina micro-blog@I you not bad)

 

3310Hello, I in Zhejiang in Cixi City2012Years after a friend introduced and a car supermarket signed a three year contract business car decoration say they sold the car to car explosion-proof membrane affixed navigation, the original contract signed three year rent fifty thousand of our construction of the house is their own building now one and a half years he had not made the supermarket car we can make them compensate when we build house money?

Answer: the compensation you initially built house money, you have to prove that to build a house you rent the house contract part, or you have to prove that the lessee is now require you to build a house for rent. Otherwise, you can only claim the other housing continue to perform the contract, or compensation for breach of contract. (Bao Xinhua, Sina micro-blog@I you not bad)

 

3311,Hello, I would like to ask a question? The partnership enterprise inside accounting and cashier and accounting embezzlement and misappropriation of public funds more than twenty million yuan, I as shareholders want to sue, do they involve what charge?

Answer: they act on suspicion of embezzlement. (Bao Xinhua, Sina micro-blog@I you not bad)

 

3312, Hello, I am a college students(Party B)In this semester, a (Jia Fang) the university students tutor, part-time work, part-time work ago signed an agreement, the work period is the autumn term, but due to Party B at1Month9Holiday home, and the requirements of Party A Party B to work1Month13Day, otherwise no salary and compensation500Element. Does this agreement effectively do, need to compensate?

Answer: between you and a signed agreement shall belong to the service agreement. The agreement if not to work1Month13Day, Party A shall have the right to deduct all wages and demand compensation500Element of the agreement, the agreement is unfair. According to the "labor contract law" article71The provisions of article: "both parties to part-time employment either party can terminate the employment at any time by notice to the other party. Upon termination of the contract, the employer shall not pay economic compensation." Party A because you terminate service agreement and deducted from your wages and demand compensation for all500Yuan agreement is not valid, you can report to the relevant departments of the school, also can reflect the labor supervision department. Sina (micro-blog@Major case-Du Hongtao.

 

3313This year, something like this3The month when my father and my uncle had an accident Executive Division is the responsibility of the other side of the car three into the responsibility I uncle 70 responsibility my father has no responsibility for the night my father died my uncle was sent to the hospital still treated the question I want to ask is if we don't pay my uncle economy the responsibility we have to how much compensation? Because my father and my uncle is dear brothers and my uncle's medical expenses the other person will pay three layers of responsibility? Thank you and if we win the chances?

Answer: no matter whether you want your uncle home compensation, do not affect each other only three into the responsibility, that is if you don't want your uncle's compensation, the compensation amount calculated after the final result is, the other only burden3/10. A lawsuit or not, depends on how much you both the amount of compensation is agreed, if any, to fight each other just compensation he should take part, i.e.3/10. (@Major case-Lei Wenxia)

 

3314, Hello, ask, if justice intentionally do wrong, not to count on others, have been sentenced, but clearly from the superior leadership pressure, the case of appeal is of no significance, how to do?

Answer: if there is evidence that for the public security organs of wrong case, may apply for administrative reconsideration or to file a complaint to the superior procuratorate Bureau of public security.(@Major case-Lei Wenxia)

 

3315The restaurant door, Hello, my metro, a serious impact on our business, I want to ask whether this is related to legal protection, can apply for compensation. Thank you.

Answer: for the construction of the subway to the claim the surrounding businesses operating loss problem, many places are there. At present, some courts for business requirements to give a certain support, such as "Shenzhen city public infrastructure construction projects, housing units management measures" article48The provisions of "shutdown caused by the demolition, closure or relocation construction Weidang, temporary occupation of buildings outside the scope of the production and business operation activities caused a direct economic loss of the production and management of housing, residents should be given appropriate compensation". Some courts to local regulations for no compensation, according to the "property law" article92The provisions of article: "the rights holder of immovable property for water, drainage, access, the laying of pipelines and other use of adjacent immovable property, should be avoided on the adjacent property rights damages; damage, compensation shall be made." Subway construction behavior which caused severely affected all of your shops, you can collect the construction of subway shops operating performance before and after comparison of data and evidence, to request the Metro Inc and contractor compensation for your loss, if the negotiation fails, may bring a lawsuit. Sina (micro-blog@Major case-Du Hongtao.

 

3316Major of volunteers, hard. I'm from2012In August the company, signed a one-year contract, the contract away, don't give me that one, and then signed a contract in the salary and other parts are the pencil.2013Year in August the company signed a year contract with me, and like the previous contract also closed up.12Company suddenly put forward to dismiss me, on the same day to let me go, not issued to prove to leave. Company in the times requirement, company gave a proof of departure, leaving certificate says compensation has been paid off, actually only paid me a month's salary amount as compensation. The case in accordance with the labor law, I should receive the amount of compensation?

Answer: as you said,The employer is to terminate the labor contract law,Should pay compensation according to the double economic compensation,A total of three months of wages to pay you compensation. Wang Hongyi (labor supervision  Sina micro-blog@The earliest80After theI)

 

3317Please lend money to friends, no IOUs, only transfer credentials can through legal channels to recover debts?

Answer: a money transfer vouchers can be used as evidence, can sue, another statute of limitations2Years, borrowing from the expiration date, the proposal as soon as possible rights.(@Major case-Lei Wenxia)

 

3318The state promotes the farmer, land ownership, excuse me: my home there is rice, but the account has been moved to the field, this is I do right in paddy field

Answer: according to the "rural land contract law" article26The provisions of article: "within the duration of the contract, the employer may not take back the contracted land. Within the duration of the contract, the contractor moved into small towns up, should be in accordance with the Contractor's wishes, to retain the right to the contracted management of land or allow it to the land contracting right of management circulation. Within the duration of the contract, the Contractor's family moved to a city, to non agriculture hukou, contracted arable land and grassland should be returned to the employer. The Contractor shall not return, the employer may take back the contracted land and grassland. Within the duration of the contract, the contractor handed back the contracted land or the employer shall take back the contracted land, the contractor for the input of the contract and improve the production capacity of the land, have the right to obtain appropriate compensation." If you belong to the registered permanent residence of small towns, can retain the right to contract land; if the move into the districts of the city, in principle should be returned to the land, the employer (collective) generally need to give you some compensation, but because of the management in different ways, some places do not recover, specific to the local village collective consultation. Sina (micro-blog@Major case-Du Hongtao.

 

3319, a shop, selling mobile phone and accessories. One night was stolen. The thief caught, a criminal verdict. Have to pay the property management fee each month, but without a receipt. No sexual intercourse with rental first agreed items can be in the market for the night. The mall's camera is broken, no advance notice, prior to put up a notice. Such rental housing should pay. How compensation, and what is the basis of compensation?

Answer: first of all, your loss by the thief to bear, cannot make up your loss, you can claim to property companies, as property companies, property management service contract exists between you and property companies, property companies shall perform its obligations of management, because it has not timely replacement of bad camera, did not fully perform its obligations of management you, you can claim the uncompensated losses. Sina (micro-blog@In the pursuit of the road-Fa Meng.

 

3320, Hello, want to seek advice, the company's restructuring, I this position was zoned to other departments, and I don't want to do how to do? If I leave word with compensation? No contract. Thank you.

Answer: the "labor contract law", the basis for the conclusion of the labor contract changes, resulting in inability to perform the labor contract, after consultation with the unit and the laborer, failed to reach agreement on Amending the labor contract. The employer thirty days in advance written notice to the worker or extra to pay workers a month's wages, may terminate the labor contract, if the workers proposed cancelling the contract, cannot obtain compensation. (Liang Peimin, Sina micro-blog@Pei min Pei min)

 

3321, Hello, I encountered a small accident, bruised a middle-aged man, the police to give our negotiation, I give each other normal physical examination, examination results body completely under normal circumstances, each other also need me5000Yuan after the costs, because of that5000Element should not give each other, resulting in the fruitless negotiations vehicles have also been detained, after third days to civil court mediation, the other to the hospital, the doctor is no exception, he hospital costs the US?

Answer: you can to brake, if the other party applies for property preservation, so he must be charged within fifteen days, he can come to you through the court of claims, as you said, he was not badly hurt, then the hospital think nothing, he asked the hospital should not agree to it, in addition, he claims to you through the courts, there must be evidence, various expenses have the invoice, artificially extended losses you also do not have. (Su Dongyang, Sina micro-blog@No Lun Tingsu)

 

3322, consulting, I bought a set of second-hand housing, but the elevator noise to home, after tests found noise exceed the standard, I was the prosecution of the property company, or prosecution developers? Thank you.

Answer: this question you reflect is very common in real life, often developers, property, manufacturers mutual phenomenon of kicking the ball, "Guangdong Province elevator safety supervision reform plan" clearly stipulates the "use rights" of the first responsible, that is to say the right to the use of the elevator, "" often the elevator property manager is the first responsibility, regardless of who is responsible for elevator accident, use right must as the first responsible person, shall bear the liability for compensation, to compensate the victims. Subsequently, the "right to use" have the right to manufacture enterprise, causing elevator accident installation, maintenance enterprises, enterprise inspection unit and user related loss of recourse. You can directly to the property, the property request to stop infringement, compensate for the losses. Another property to find developers and producers recourse. (Yu Li, Sina micro-blog@Qian Zhi in the heart)

 

3323The election, village director in among the villagers, for voters to vote is how requirements, such as how many years and many years of age, can be others agree with representative to exercise its right to vote it

Answer: "the people's Republic of China Law of Villager Committee Organization" Eleventh village committee director, deputy director and members, elected directly by the villagers. No organization or individual may appoint, appoint or replace members of a villagers committee. Each term of the villagers committee of three years, should be timely hold a general election. Members of a villagers committee shall be elected. twelfth villagers who have reached the age of eighteen, regardless of nationality, race, sex, occupation, family background, religious belief, education, property status or length of residence, have the right to vote and to be elected; however, persons deprived of political rights according to law. Have the right to vote and to be elected villagers list, shall within twenty days before the election day release. 　　

In the direct election by the election law, "" thirty-eighth stipulation: if voters out during the election, the Election Commission agreed, may entrust any other voters to vote on their behalf. Each voter to accept the Commission shall not exceed three. (Xie Yinqu, Sina micro-blog@Besieged city law)

 

3324Hello! Zhoukou City, now the new commercial housing is still illegal collection gas initial installation fee, cable TV out charges, cehuifei! This science? The prosecution will win? Thank you.

Answer: the practice of charging Zhoukou market your stated by the query is derived from the "Zhoukou Municipal Price Bureau in2004Regulations issued on gas initial installation fee approval documents ".

But the former Henan Provincial Price Bureau have file "bureau of Henan province prices on the real estate price (charges) check the relevant policies of reply": four, in accordance with the "Henan economic applicable housing price control measures" and "commercial housing price rules of conduct" new Henan Province, approved by the competent department of price of the government, the economic application housing for heating, gas and other ancillary facilities fees, can the price charged separately; other new commodity housing shall mutatis mutandis economic applicable housing price charged separately. Such as unauthorized or in violation of the provisions of the price charged separately, are treated as illegal price behaviors.

At the same time, the original price bureau of Henan Province in2000Years had issued "commercial housing transaction price rules of conduct" (New Henan province Henan housing prices words[2000]077Number) is also clear that price includes supporting fees no charges.

Therefore, the Zhoukou market practice charges is a relevant document local basis. But because the file is in fact not reasonable, and the violation of the price bureau of Henan Province, the spirit of the document. Suggested that the proceedings at the same time request the court to Zhoukou city "Zhoukou City Price Bureau in2004Released on gas initial installation fee "review the documents of approval of the. Upon inquiry, similar case case case. (Xie Yinqu, Sina micro-blog@Besieged city law)

 

3325, a means of absorbing a large number of social funds into the plant to provide high returns to normal production, after the disadvantageous unreturnable, whether to constitute the crime of illegal absorbing public deposits? Why?

Answer: illegal absorb public deposits, is that without the approval of the people's Bank of Chinese, social not specific objects to absorb funds, issued the certificate, commitment servicing activities within a certain period of time.

Illegal absorption or disguised absorbing public deposits, one of the following circumstances, shall be investigated for criminal responsibility according to law:

(a) individual illegal absorption or disguised absorbing public deposits, the amount of20Million units, illegal absorption or disguised absorbing public deposits, the amount of100Million yuan;

(two) the individual illegal absorption or absorb public deposits in a disguised way object30People above, units illegal absorption or absorb public deposits in a disguised way object150People above;

(three) the individual illegal absorption or disguised absorbing public savings, make depositors direct economic losses in the amount of10Million units, illegal absorption or disguised absorbing public savings, make depositors direct economic losses in the amount of50Million yuan;

(four) the adverse social impact or other serious consequences.

Illegal absorption or disguised absorbing public deposits, mainly used for the normal production and business activities, timely return of the funds, can be exempted from criminal punishment; if the circumstances are obviously minor, not as a crime.

As you say, how is disadvantageous, require specific considerations. If necessary, please consult the local lawyer. (Liang Peimin, Sina micro-blog@Pei min Pei min)

 

3326In August 12th, Hello, my mother has the traffic accident, right leg fracture of tibial plateau, the traffic police is set to equal responsibility, discharged in September 19th! Because action inconvenience without care and fall into the October 10th right femur strength joint fracture, how does this hurt how to claim? I am in Hubei of Xiantao Province

Answer: according to the "tort law" the sixth stipulation: who is at fault for infringement of civil rights, he shall assume the tort liability. But in this case, your mother falls due to lack of care, the other people to your mother and there were no fault, do not respond to your mother and take responsibility. At the same time, while your mother's action inconvenience there may be part of the original traffic accident caused the traffic accident, but with your mother had no causal relationship between the fact, the original traffic accident responsibility person to your mother and there is no legal responsibility. Finally, I wish a speedy recovery for the elderly. (Zhou Xudong, Sina micro-blog@The ice wing Wolf)

 

3327, Hello, I would like to consult? Illegal occupation of land by the forestry public security jurisdiction? How to define the forest? If a piece of land with forest and farmland, filing standards respectively? A friend in the village dug up a soil sold money, some kind of a tree, some is planted cotton, are no formalities, a total of more than 10 acres of land!

Answer: the illegal occupation of land shall be under the jurisdiction of the public security department. According to the "Regulations" the implementation of the provisions of the forest law: Second: forest canopy density, including more than 0.2 arbor forest and bamboo forest land, shrub land, open woodland, slash, burned forest, immature forest land, nursery and planning people's governments above the county level land. Article third: the implementation of the national forests, trees and forest land registration certification system. With the registration of forests, trees and forest land ownership, use rights protected by law, no unit or individual shall infringe.

    Illegal occupation of land registration standards are as follows: according to the "provisions of the Supreme People's Procuratorate, Ministry of public security agencies under the jurisdiction of the criminal prosecution standard (a)":

Sixty-seventh (illegal occupation of agricultural land case (article 342nd of the criminal law)) violates the laws and regulations on land management, illegal occupation of agricultural land, forest land, change the use of the occupied land, agricultural land, forest land, causing massive destruction, for one of the following cases, shall be filed for investigation and prosecution:

(a) the illegal occupation of basic farmland five mus of above or beyond the basic farmland land ten mus of above; (two) the illegal occupation of the number of shelter forest or special purpose forest single or a total of five mus of above; (three) the illegal occupation of forest land of ten mus of above; (four) illegal occupation of the article (two), the (three) provision of woodland, including a number of the corresponding provisions of the standard number more than fifty percent, and the number two amounted to the amount stipulated in item; (five) the illegal occupation of agricultural land for larger numbers of cases in other. Violations of land management laws and regulations, illegal occupation of arable land to build kilns, grave, construction, dredging, quarrying, mining, earth, stacked solid wastes or other non agricultural construction, caused serious destroy farmland planting conditions or serious pollution of farmland, destroyed more than the required, which belongs to the provisions of this article "caused a lot of damage farmland". Violations of land management laws and regulations, illegal occupation of forest land, forest land use change are occupied, the building, building tombs, housing, dredging, quarrying, mining, earth, farmers five, stacked or excretory waste behavior or other non forestry production, construction of the illegal occupation of forest land, serious damage caused by forest vegetation or forestry planting conditions or serious pollution, destruction of woodland reached number specified above, the regulation "caused massive destruction of forest land".

     Your friend the occupation of cultivated land, forest land does not conform to the illegal occupation of land on the "cause a lot of farmland destroyed", "a lot of damage caused by forest" constitutive elements of crime, has not violated the criminal law, but has been suspected of infringement of the right to use forest land ownership, the interests of the people. At the same time, suspected of violating the "contract to protect the ninth land management law" Party of the right to land contractual management. Suggest you to connect with friends, land ownership, land use right or the right to the contracted management of people negotiate processing corresponding matters, shall go through the corresponding formalities, avoid to cause civil disputes. (Zhou Xudong, Sina micro-blog@The ice wing Wolf)

 

3328, Hello, I think what time does the Limited by Share Ltd shareholders need how many agree with, is to look at the Charter, charter not according to the law? If the time to sign the contract of foreign shareholders need do you agree

Answer: the decision and the decision way Limited by Share Ltd specified in company law, shall be specified by the bylaw (according to the articles of association, in accordance with the company law related terms and conditions without rules, but shall not violate the relevant provisions of the company law). Methods a resolution of the shareholders meeting, due to the different resolutions. Ordinary resolutions must be approved by the representative1/2Or more of the voting rights of the shareholders through;Special resolutions must be approved by the representative2/3Or more of the voting rights of the shareholder approval shall be required. In accordance with the provisions of the company law, especially the resolutions to amend the articles of association of the company, increase or reduction of registered capital, division, merger, dissolution or change of corporate form.

Sign contract, according to the articles of association of the company and the relevant provisions of the company law, business, person in charge of the legal representative of the company or business within the terms of reference, which can be concluded within the purview of contract, does not belong to the scope of its shareholder resolution will be made by. (Xie Yinqu, Sina micro-blog@Besieged city law)

 

3329, Hello, excuse me, after breaking up with her friend's ex boyfriend nude photos and videos on the Internet, but also often message harass her, threatening her to composite. To settle the matter through legal channels? Thank you.

A: the "Regulations of Public Security Administration Punishment Law": one of the following acts, to five days detention or a fine of five hundred yuan; if the circumstances are relatively serious, place below for more than five days to ten days detention, can impose a fine of five hundred yuan of the following:

(a) threatening letters or threatening the personal safety of another person by any other means;

(two) an affront others or fabricating facts to slander others;

(five) repeatedly sending obscene, insulting, threatening or other information, disturb the normal life of another person;

(six), the tapping, spread, peeping privacy.

To collect evidence, alarm processing. (Liang Peimin, Sina micro-blog@Pei min Pei min)

 

3330Hello! What graduates and signed three party agreement to work in the company, but also did not graduate, this time whether the formation of labor relations? Whether the company will pay the labor insurance for him? Thank you

Answer: the three party agreement just graduates, between the employer, the school three parties signed the employment intention, legal documents not labor relations, is not binding on the labor relations, its effect on graduates report to the unit, unit officially received after the self termination. Therefore, graduates and employers to sign the three party agreement, also need to sign labor contract, to officially form a labour relationship, companies have an obligation to pay the labor insurance for him.

    Another reminder, graduates signing agreement carefully, graduates in the agreement signed, signed and sealed by the employer in the agreement, the agreement is in effect, graduates may unilaterally terminate the agreement. Before the signing of the contract or the termination of the agreement, the agreement has the effect of. If signed, and other employment options, must with the original unit for written cancellation procedures, by the personnel administrative department of higher level units for the record, for reassigning or other procedures, the graduates have to assume the liability for breach of contract. Similarly, if the agreement with state units of breach of contract, breach of employers, graduates can also be required to assume liability for breach of contract. (Cai Qianwen, Sina micro-blog@The Diamondback_Silver)

　　

3331For help! My father in Kunming to move for a living.10Month16And the workers work on the way, a traffic dispute and riding a motorcycle man. Then the man called the6,7People come to beat them, to make an uncle died! My father seriously injured! Money is not enough, discharge. Because often giddy, even the life cannot provide for oneself. Guandu police detachment said "the suspect has been locked, but very difficult", still didn't answer pay. What should I do?

Answer: in this case, your father suffers personal injury, can put forward personal injury litigation against the people, can also according to "Criminal Procedure Law" provisions of article ninety-ninth of criminal incidental civil action. However, in this case, because the case is the investigation stage, the defendant is not clear, so only after police identified the suspect, you can file a corresponding civil or criminal incidental civil action on the. If you think that the public security organs are lazy, do not act in the process of handling a case, can appeal to the superior organ or the people's Procuratorate at the same level. (Zhou Xudong, Sina micro-blog@The ice wing Wolf)

 

3332Excuse me for the students, the repair charge is it lawful, countries have specific requirements, is required. Or the National College equal treatment in public university??

Answer: according to the "Ministry of education, the national development and Reform Commission, the Ministry of Finance on doing2005Notice "fee of higher education related issues, in addition to the state of fees, shall not be issued around the new fees, schools may not charge any other fees stipulated by the state projects to students, such as " Tuition ", accordingly, from2005Years later, the school shall not charge tuition. The provisions apply equally to the national university. You can reflect the charges to the Education Department of the school. (Du Hongtao, Sina micro-blog@Major case-Du Hongtao.

 

3333Hello, Xiao Qu, consulting the sale of parking spaces, I owners lease one parking space, no lease, but the rent payment voucher and parking card, is in the same condition I have the preemptive right? Now developers parking spaces will be sold to other owners, I should-What shall I do?

Answer: if the car itself has the independent property right, which is issued by the National Housing Authority property card, then the developers not to ask you whether the purchase intention, unauthorized parking spaces will be sold to other owners, violated the priority purchase right for you, you have the right to request the developers of cancelling the contract, exercise the priority purchase right. Most of the current parking and no independent property rights, developers and owners signed the general is likely to be a20Years of the contract of tenancy, so has leased parking spaces in your case, developers will once again rental of parking spaces, the violation of your rights, you have the right to require developers to release signed with other owners of the contract. (Du Hongtao, Sina micro-blog@Major case-Du Hongtao.

 

3334Su Ningyi bought an oven, sent to friends, friends say it today is too small. And Suningyi purchase returns, the Suning reply: box of goods without quality problems can not be returned. This is not a clear violation of the "consumer protection law" the? Strongly demands the return and delete the unfair terms!

Answer: the law amended to add article25Stipulates: "operators sell goods by Internet, television, telephone, mail order, consumers are entitled to seven days from the date of receiving the goods return date, and there is no need to explain the reasons." But since the revised method in2014Years3Month15Date, still need to apply before the amendment method. Three packs of provisions for products sold since the date of7Days, the performance failure occurs, consumers can choose to return, replacement or repair. Required to malfunction, the implementation of three bags, and electric oven does not include the three package directory. Suggest you query Suningyi purchase network for product return is how the provisions of the regulations, if can return, then you may require businesses to return, the negotiation fails, to consumer complaints. (Du Hongtao, Sina micro-blog@Major case-Du Hongtao.

 

3335,2012The first half of the year, some of the villagers in Leling city in Weifang transfer partners bought about one million ginger in a cellar local, so they never imagined, not long after, all the ginger take wings to itself, is main the ginger cellar secretly all to sell, they did not get a penny. They really can not afford such a big loss, hope to get help

Answer: the villagers Jiang Cunfang at a fixed location, as custodian of the pit lord shall have the duty of care, now the storage facilities, to the ginger to sell, is suspected of a crime, suggest to collect evidence, alarm processing immediately. (Du Hongtao, Sina micro-blog@Major case-Du Hongtao.

 

3336Hello,Http://www.hbydt.cn/(Http://ivview.com/Note: you can see, my copyright publicity logo on the website) This website is designed100Million users online remote monitoring his camera, as the owner of Gaoke (ChamberlainHttp://www.hbgk.netThe research achievements in), at the end of October Shenzhen security technology business exhibition, a huge success. The background of the framework of middleware platform with my software. But the owners Gaoke (ChamberlainHttp://www.hbgk.net), a to be listed company, at present not so no payment software purchase and development services.

 The project by the Beijing Chuangxin Ebizal company (Http://www.ivwide.comWu total lead, in)2013Years5Month28Was officially launched on the development and implementation of. Wu told me about the cooperation condition good is my offer support software platform and the development and deployment of the project team responsible for the development and management work and difficult, return is the monthly20000The cost of living and the whole project8%Stock, with overall responsibility for Hanbang company cooperation mode and contract by him. The result is only two times to my Wu15000Element, and has failed to sign a cooperation contract with the owners, but the project has been in normal process, and as the owner of the results are successfully participated in the large exhibition industry. This situation how to safeguard their rights? Please give the professional guidance and help to thank!

Answer: according to your statement, you and Beijing Chuangxin Ebizal company reached the cooperative development agreement, the payment to you agreed cash compensation and equity, if you signed a cooperative development contract and Chuangxin Ebizal company, according to the contract claim the contractual remuneration and shareholders' equity. According to the contents of the agreement, Chuangxin Ebizal company Wu for signed a cooperation contract with the owners Hanbang company, if the project has been completed and put into use, Wu should be according to the contract signed in time of project results and Hanbang company licensing contracts, unable to determine the project is completed according to your description, if the project has not yet complete, you can't claim the agreed project equity. Sina (micro-blog@Legal person Xue Binglong)

 

3337, Hello, I want to ask, I have a friend to pick up on the way50Block, with this50Block and buy lottery tickets, in the5000Element, but the lottery lottery know that this money is to pick up, to illegally obtain grounds, not for my friend Duijiang, money is not my friend, my friend, the effective purchasing behavior? The lottery center can refuse?

Answer: first of all, your friend's purchase behavior of course effectively! The case involved the validity of contract for the sale of the problem, according to the "contract law" the relevant provisions of the people's Republic of China, the facts of the case does not conform to the contract invalid reasons. This case involved the sale contract -- is of course valid purchase lottery ticket.

Secondly, your friends on the road found the50Yuan, in law, it is not illegal profits, not to be confused the lottery business staff. In the law the behavior rules for unjust enrichment. Unjustified enrichment means, the owner shall return it to the owner to ask you50Yuan.

Third, in the law, your friend to buy lottery tickets50Yuan and found50Yuan does not have any relations, even with a50Yuan notes also does not have any relations. According to the laws and regulations of China, belong to the type of currency, and currency possession and all synchronization. Generally speaking, it is a kind of value, it doesn't matter with their notes. So don't worry about whether to use this money to buy lottery tickets and whether to use the money returned to the owner.

Fourth, the establishment of the case of unjustified enrichment law relationship exists between your friends with the owner, and lottery business staff without legal relationship, in other words, the lottery business staff shall not be used as a reason to defend, and shall not refuse to your friends lottery.

Finally, according to the "contract law" the relevant provisions of the people's Republic of China, creditor debtor relationship has been formed between your friends and lottery business. If the refusal to Duijiang, can sue to the court, for the lottery business contract. (Huayu, Sina micro-blog@Bridge-Bridge)

 

3338, Hello, I had a little trouble: I and my girlfriend together for half a year, but the former has become entangled in, and issued death threats in the micro-blog,"@Black and white Darcy: today finally Lin Sheng Qiao perish together. Someone don't be too painful you forced me or I put you on to leave this world you thought I did not dare to do you think you are not so important for me to doWait and see". With my girlfriend so worried. The nature of uncertainty, fear of catastrophe. Does this alarm will have effect?

Answer: this situation is able to alarm, your girlfriend's predecessor has been suspected of violating the law, according to the "Regulations of the public security management punishment law": one of the following acts, to five days detention or a fine of five hundred yuan; if the circumstances are relatively serious, place below for more than five days to ten days detention, can impose a fine of five hundred yuan of the following:

(a) threatening letters or threatening the personal safety of another person by any other means;

(two) an affront others or fabricating facts to slander others;

(five) repeatedly sending obscene, insulting, threatening or other information, disturb the normal life of another person;

(six), the tapping, spread, peeping privacy.

If you feel your girlfriend's personal safety is threatened, suggest you collect evidence, timely alarm. Yu Li@Qian Zhi in the heart)

 

3339, Hello, married woman18Million to buy a car25Million cars, the man is a loan10Million. Because the loan is also, due to the frequent beatings to the curse, if these property after divorce how division. As he hit Is it right? To what evidence can be protected, and fixed assets, he has no right to enjoy? If he is divorced from the Is it right? Not direct prosecution can?

Answer: because the car is married to buy, common owing on the loan, the joint property of husband and wife. Fixed assets if cannot prove that party premarital personal property, also belong to the common property of the couple, both sides are ownership. If the man does not recognize beatings, the need for evidence. The division of property in divorce by mutual consultation, negotiation fails, the court will generally average distribution, but can properly take care of her, so she can prove a plot, the other faults, can be used as a multi property reason. Divorce is not, can be sued directly. Zhu Xingye@The sunflowers on that day)

 

3340Hello! My father-in-law furniture factory closed down, he fled, corporate furniture factory is my mother-in-law, legal person is still, the case is this, my wife two years ago to furniture factory work, my mother-in-law before half an year to leave the factory to go somewhere else to work, now the factory closures, responsible person (my father-in-law) escape, other materials vendors now staring at me for money, which is a supplier with several people of the underworld, to my last thoughtful forced my parents call me, let me meet with them, I am on Monday to meet with them and the police, the police because of financial disputes, let both sides to coordinate the resolution, and I didn't method, to the supplier cash20Million, and played21Million personal IOU, repayment period of one year, all in the police station, police station also have the record, after a year, if I can't return this money, whether they have the right to take the IOU to sue me? For some of you this may be a small cases, but for me is a big case, please help me, thank you!

Answer: first of all, especially in this case is whether you sign IOUS is true and lawful basis for the debtor creditor relationship. If the debt is in production and management process of enterprise legitimate generated, so the IOUS is the force of the law, you are not paid within the agreed time limit, opposite party has the right to prosecute to the court, for you to pay off the debts.

Secondly, the need to pay attention to is, your signature on the bill is enterprise's name or your own name. If the enterprise name sign IOUs, you can use the asset liquidity, or the enterprise bankruptcy liquidation of the debt, with the remaining property enterprises. Otherwise, you need to direct their own bear the debts.

Third, even with your own name signed, the ious are still effective. According to the "contract law" the relevant provisions of the people's Republic of China, the legal representative of the case enterprise legal person, creditor and you (the debt undertaker) are briefed on the matter, the case in accordance with legal liability, you need to bear the liability therefor.

Finally, based on the above answer is not aware of IOUS content and the details about the case, only the legal opinion preliminary. (Huayu, Sina micro-blog@Bridge-Bridge)

 

3341Half a year ago, Hello, I opened a methanol gas filling station, has been handling the business and administration of work safety procedures, the nearest fire to check up on me, that I did not apply for fire audit acceptance procedures, will be fined and stop my industry, fire fighting for? I work safety management and business of flammable and explosive certificate for.

Answer: in addition to those procedures you say out according to the rules you build a also need a building design fire, fire audit opinions and audit a fire inspection submissions shall be under the jurisdiction of fire brigade Inspection Brigade station, no such fire approval formalities at filling stations you haven't complete safety conditions. Bureau of work safety management is the safety approval, fire is the fire type approval, not conflict.

 

3342The signing of the contract fraud, training fees to hire name, whether constitutes the crime of contract fraud?

Answer: fraud is the only method of fictitious facts or conceal the truth, for public and private property, large amount of behavior. According to the rules of the judicial interpretation,3000-10000For the larger amount, is less than three years imprisonment, criminal detention or control, or be fined; thirty thousand to one hundred thousand is a huge amount, at more than three years to ten years in prison, fined, for more than five hundred thousand of the amount involved is especially huge, or if there are other serious circumstances, the agency for more than ten years in prison or life imprisonment, and concurrently be sentenced to a fine or confiscation of property. You describe the behavior constituted fraud, as to whether the crime, to see whether it has reached the amount standard. That is3000Above. Sina (micro-blog@Major case-Lei Wenxia.

 

3343, Hello, want to seek advice, the company's restructuring, I this position was zoned to other departments, and I don't want to do how to do? If I leave word with compensation? No contract. Thank you. If the company offered me a job rotation, from one position to another position, I don't want to do, the termination of the contract if there is compensation?

Answer:The normal structure adjustment caused you to change jobs, if you choose to resign, company will not compensate for you. The normal personnel adjustment based on if the company, give you a job rotation, you choose to resign, the company also not to make it up to you. In your contract has not expired, the company proposed to terminate the labor contract with your company, or the labor contract expires and you no longer renew the circumstances, we have to give you compensation obligation. Sina (micro-blog@Legal person Xue Binglong)

 

3344, Hello, I want to ask, when I come to work now enterprise first fill you resume, including salary problem! Then after the interview! Here let me back to work, now the probation period, the wages and talk with me, not in the original resume filled to the wages to me! The factory is not unilateral breach of contract?

Answer: according to what you said, this is just a personal resume, salary column above the only job wage intention personnel unilateral contract, does not belong to a, the resume is not a labor contract or labor contract, so the act does not constitute a breach of contract. Suggest you at work in a timely manner to sign labor contracts to safeguard their legitimate rights and interests. Yu Li@Qian Zhi in the heart)

 

3345, Hello, I am a student, in the iron work, after the report asks us2Months of pre service training, during our wage payment! I work, not a holiday, including statutory holidays, no overtime every day, don't let us to work overtime, general requirements! Now I want to resign, he asked me to pay1Million5Thousand yuan training fees! Including training period to pay the wages! I see the labor law that pre service training is not paid training gold! I really want to claim the money! If not for the company, whether acts constitute fraud!

Answer: the company did not leave, not give overtime is a violation of the labor contract law, you can always leave, and without the payment of any compensation, but also can get the economic compensation for half a month, can also claim overtime;2, pre job training is the employer's responsibility, employee turnover do not have to pay the training fee, pay no return. (Zhang Yonghai, Sina micro-blog@Zhang Yonghai lawyers)

 

3346Excuse me, Hello, manufacturing160The principal million counterfeit cigarette trademark can be sentenced to several years punishment? If a lawyer out the light could be sentenced to what?

Answer: the cigarette is the exclusive articles, the act has been suspected to constitute the crime of illegal business operation and the crime of selling commodities bearing counterfeit registered trademarks. According to the provisions of two high judicial interpretation, the sales amount in5Million (160All belong to the scope of the enormous amount of) shall be subject to the criminal law article214Sales of counterfeit trademark goods crime punishment. If only he had no other heavier punishment plot, will be3Years or above7Years in prison. (Liu Fanggang Sina micro-blog@Just good18Degree)

 

3347, Hello, I on7The month do three credit cards, credit amount is forty thousand yuan. Friends tell me to brush up, January1200Element. After the first month, never to. Now has not contact him, including a credit card in October did not have, or I put all sorts of things together up. The other two he has also been a brush, may I ask how can I do?

Answer:Suggest you to apply for a credit card immediately three banks report the loss of my credit card account, freezing, to prevent the cardholder to credit card malicious overdraft. At the same time, the loss of fill the card you will need the cardholder overdraft payment timely repayment. On the other, you have violated the relevant provisions of the management of credit card, if the cardholder malicious overdraft amount is larger, the act of the crime of credit card fraud, you can choose to report to the police.

 

 

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