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

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 3387th to 3436th legal consultation

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

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:

3387, Hello, I would like to consult. The situation is this: my parents divorced, to mother. Parents are the reorganization of the family. After I graduated from University account from the school move back to their countries of origin, because my mother in my university period has the account sign in his home, and after I graduated from home to find work, convenience the household moved to the father's. A year after my mother house demolition, I from their father moved to the stepfather home, and have access to the minimum compensation, because I graduated from the university can not move the rural household registration, so hung on the street where the collective account. I admitted to the institution in the home this year, unit asked me to move back to my father's household, I would like to ask, I want to do what procedures? At the time when the demolition of the migration of collective households will have effect? Thank you.

Answer:1In our country, the household registration system have different policies and procedures for the detailed rules for the implementation details, not the complete reunification of the.

2, suggest you to the local household registration authority consulting. Sina: (micro-blog-Zhang Tingyuan.

3388, Hello, I want to ask next, the prosecution to the court, the court will not be because the handling of the injury, the perpetrators only compensate lost income gap? How the other expenses compensation should be? The doctor did not open the nutritional costs, other costs and how to fight?

Answer:1For the industrial, enterprise, the corresponding compensation, does not affect the parties to demand compensation from the infringement of human rights.

2If you hurt, is caused by third side of the fault, the court will be calculated according to the standard of compensation and the amount of personal injury compensation standard. Please refer to the Supreme Court on the trial of personal injury cases related judicial interpretation. Sina: (micro-blog-Zhang Tingyuan.

3389Hello, Mr. Xu I think about my mother asked the factory workers to residents trying to figure out how to ask the employee compensation to compensation amount is specified?

Answer: if your mother to stay in the factory, no compensation is needed. If it belongs to the objective situation of labor contract is based on significant changes, resulting in inability to perform the labor contract, after consultation with the unit and the laborer, failed to reach agreement on changing the contents of the labor contract, the employer need thirty days advance notice to workers or pay the salary of a month, may terminate the contract. (Liang Peimin, Sina micro-blog@Pei min Pei min)

3390, I have a high school classmate, four months ago, borrow money from me, he said, is to invest in, every month to interest. I borrowed3W, a month to2000Interest. Two months in a node of interest. Yesterday I heard, he can borrow money from relatives and friends, and his business, still owe the money, add up to70WHe used the money to gamble. Penniless now, home has no ability to repay, how should I do?

Answer: first of all, the principal in this case is thirty thousand yuan, monthly interest two thousand yuan is not in conformity with the relevant provisions of the law, according to the "contract law" of the people's Republic of China and the provisions of the relevant judicial explanation, our legal interest protection of folk loan to the bank interest rates4Times. That is to say your interest may not reach two thousand yuan per month in the law.

Secondly, between you and whether the borrower signed written promissory note or other written proof (such as bank payment documents) or third other people uninterested (that is, and you do not have the identity relationship with no property interests between borrowers people), if these proved to be the case, according to the "contract law of the people's Republic of China", you can sue to the court, the unsafe right of defense on the grounds of appeal, ahead of the other to perform the contract or the termination of the contract for the return of property. At the same time, in view of the present situation of his property, you can consider to apply to the court for property preservation before litigation.

Third, in the absence of the circumstances, if the other party by oral or recording form acknowledged debt relationship between you, you can sue to the court. If all these are not available, your claims are difficult to obtain support in the law, you can try to negotiate with the borrower.

Finally, based on the above answer is not aware of IOUS content and the details about the case, only the legal opinion preliminary. And sincerely hope that the two sides can negotiate, properly handle the case. (Huayu, Sina micro-blog@Bridge-Bridge)

3391Hello, teacher, a consulting, like customer daily trading activities clearly informed of the purchase demand, for this can achieve preferential grade because staff negligence that can obtain larger customers according to their own needs and preferential, merchants are thought to be in accordance with their own standard to the customer preference, between the two sides in the discount rate for staff negligence have objection, businesses that customers not to fulfill promised preferential activities, customers have the right to claim businesses continue to perform?

Answer: first of all, the case involving the preferential grade is businesses provide a format terms, if the terms involving serious damage to customer rights, increase customer obligations, to avoid business responsibility, then you should pay attention to the discount level (i.e., terms of format) is invalid. According to the "contract law" the relevant provisions of the people's Republic of China, terms of format itself even if a part of the contract, in this case, if the format clauses, subject to the provisions of the business.

Secondly, based on the above-mentioned preferential level effectively, you must pay attention to the point, the business is able to prove his staff negligence. If we can prove that he is due to negligence customer caused significant misunderstanding, according to the relevant provisions of the "contract law" of the people's Republic of China, both parties have the right to appeal to the court, to revoke or modify the contract of sale.

Third, if the merchant cannot prove negligence, so businesses may be suspected of fraud customers, in this case, according to "the people's Republic of China", "contract law of the people's Republic of China Consumer Protection Law" the relevant provisions, the two sides have the right to appeal to the court to revoke or modify the contract, or both parties may agree to terminate the contract, or one can take the other party expressly does not fulfill the contract rescission of the contract. At the same time, if in accordance with the law case, the customer has the right to request "from a paid one," punitive damages.

3392, Hello, I want to ask, my grandmother gave me a piece of farmland parents points, then my father died at the age of three! Later I with my mom remarried, to another city, that piece of land has been made and my mom very good race, later, I "(my father's brother, he wanted to make it), to build a house on it, I don't agree with, my mother in poor health! Home happened to me! He tried to steal the now, how should I do? He is the rogue, I what to protect my rights! Thank you

Answer:1According to the regulations of our country, "rural land contract law", within the duration of the contract the Contractor's death, heirs to continue the contract, enjoy the right to the contracted management of rural land.

2If the other side you, occupied land, constitute infringement, to reflect the village committee or to the local villagers mediation committee requesting mediation, can also directly to the people's court, the cessation of the infringement, restitution, compensation for losses. In order to guarantee the rights smoothly, please pay attention to the collection of evidence, if the other party in your farming construction of residential land, the building and damaged crops such as paddy photograph. Sina (micro-blog@Wang Xiaotang.

3393, Hello, want to consult a thing, did not sign the contract situation, the other not according to the agreed payment, is also likely to deny non payment, in the law can successfully Sue sue them?

Answer: according to the provisions of article second of the two interpretation of Contract Law: "if not in a written or verbal contract is concluded in the form, but from the civil behavior both in capable of estimating both intended to conclude the contract, the people's court that concluded in contract law is the first paragraph of article tenth in the" other forms "of the contract. Except as otherwise stipulated by law."

The parties in the oral agreement and perform process certainly some behavior can prove that both of you have the will of signing the contract, these actions required to provide the court with evidence form, you can try to find the relevant evidence to increase the possibility of success. (Yuan Shuai, Sina micro-blog@A Juaaju.

3394Because, Hello, the employer terminates the labor contract law, so that I got depressed disease, I can argue that labor units for my treatment and compensation for mental damages?

Answer:1, the employer terminates the labor contract law, according to the "Regulations of the people's Republic of China Labor Contract Law" eighty-seventh article: "the employer violates this law by dissolution or termination of labor contract, two times the standard economic compensation shall be in accordance with the provisions of this Law in article forty-seventh of the payment of compensation to the workers." You can claim compensation for damages to the unit.

2Depression, have no direct relationship with the termination of labor relations, has no right to claim medical expenses and mental damages.

(Zhang Yonghai, Sina micro-blog@Zhang Yonghai lawyers)

3395, Hello, I want to ask, have two sons three years I married my husband, recently found he had mistress on the outside, if you want to divorce, I can get compensation?

Answer: you need to prove that your husband outside a living together with others or bigamy fact, you can divorce to the court, the common property of husband and wife of the principle is divided in a divorce, but if you have proof that you more pay for the family, take care of the home for the elderly and the child, then you can request compensation for divorce damage. You said your husband's behavior belongs to a person who has a spouse living together with others, according to the "marriage law" provisions, because bigamy, cohabitation of a married person with any, the no fault party shall have the right to claim damages. (Yu Pengfei micro-blog Sina@akaMillet-ChinaFunk)

3396, Hello, my family with the house mortgage loan50Million to others, that person still owe people money, he himself began to matter, later said his father to sell the house to him. For a week, his father also can not contact, the man also shut down, owe my money is the most, to go to his house for a week Yedou nobody. The curtains pulled. Missing person how to do. Very worried, we look forward to your reply, thank you!

Answer: A, according to what you said, recommendations for the effective safeguard their legitimate rights and interests, promptly sued to the court.

Two, the prosecution has the following three kinds of circumstances for your reference:1The direct prosecution, the borrower, the property to apply for property preservation. Risk: I do not know whether the borrower could be enough to preserve property, won the lawsuit not money but the. Recommendations: to verify the borrower's financial condition and then decide.2If the borrower pledges, the father son can't afford by him also, can maintain the borrower father as a guarantor, can sue borrowers and their father, and for the preservation of property. Risk: there shall be evidence that the father of this commitment, the burden of proof is difficult. Recommendations: to collect relevant evidence, otherwise the risk of losing a great;3If the borrower pledges, the father said his son money by him also, and you approved, can be identified as the father of the debtor, you can sue the father, and the father of property preservation of property to apply for. Risk: there must be evidence that the father the promise, the burden of proof is difficult. Recommendations to collect relevant evidence, otherwise the risk of losing a great. (Sina@Major case-Luo Qiang.

3397, Xu teacher, I asked a question, my friends riding a pedal motorcycle in the urban areas, the results by the traffic police is buckled, and then on the same day to the house of detention, I want to see him, can you? The man said must be immediate family members to see, however, his parents are dead, no immediate relatives, how should I do?

Answer: do not know the friend you were security detention or criminal detention, detention is the general criminal detention, but some detention in prison. So it should be the first to figure out this problem. The detention order is not allowed to visit, criminal detention to criminal judgment, and court after the entry into force, to visit relatives, if friends visit need to apply. (Xie Yanping micro-blog Sina@Avenue ")

3398Two years ago, Hello, I bought a suite in the home, but has not yet been completed, the loan has been made, I would like to ask how to safeguard their rights? Thank you.

Answer: if the delivery of housing developers not according to the duration of the contract, shall constitute a breach of contract, should bear the liability for breach of contract, you can choose: to terminate the contract, require developers to return you have to pay the purchase, and pay breach of contract damages; or require developers to continue to perform the contract, and the late others bear the liability for breach of contract.

How to select and default liability for developers, mainly depends on the sale of commercial housing contract. If the contract is not clear, according to the relevant judicial interpretation of the provisions on the trial of commercial housing sale contract dispute cases of the Supreme People's court, the first thing you should do is to developers written warnings, the others obligations, after being urged3Months does not pay, you have the right to terminate the contract and claim it to bear the liability for breach of contract, if you do not want to terminate the contract, may require developers late others during the rent loss compensation. Finally, whether the developers to obtain pre-sale permit, developers have no real two buy a fraud, but also related to the effectiveness of the contract and you get what kind of compensation, which need more evidence to support. Sina (micro-blog@He Yaohui lawyers)

3399, I would like to ask, if it is damaged caused by coal mine house. The coal mine should be responsible for the negative what responsibility! And how should compensation? Thank you.

Answer: according to the relevant provisions of the general principles of the civil law, company law and tort law, first of all we should distinguish mine whether to have the legal person status. If you have the qualifications of a legal person, the responsibility borne by the enterprises; if there is no legal person qualification, the responsibility to people from all the coal mine (or main responsibility person) bear. For caused damage to housing compensation, shall be determined according to the principle of fault liability. (just right Sina micro-blog@Just good18Degree)

3400My hometown, plans to buy commercial housing,12The old person in the home to sign purchase agreements, and pay the5000Yuan Dingjin. recently to the developers signed the purchase agreement is found, the purchase contract with a plurality of clause of Xiang Yu the conqueror and not with my personal opinion to reach. So, we request the return of deposits. Unable to reach an agreement in the same circumstances, whether can you ask developers to come down

Answer: because do not see a specific ordering agreement to agree, cannot judge whether the subscription agreement breach of contract law and other relevant laws of the mandatory provisions. If there is a clause in the contract in accordance with the cancellation, invalidity of the contract law, you have the right to terminate the contract, and require developers refund of deposit. If developers ignore it, suggest you complain to the housing management department. Sina (micro-blog@Major case-Du Hongtao.

3401Hello! I want to consult with a legal problem: I to cash to lend, but borrowers after refusing to repay our debt, by the court, the judges of the court by trial and judgment debtor within four months to return all the arrears, four months or refuse to repay debt, we have applied to the court for compulsory execution the judge, Court Executive Board to debtors debtor factory, a about two hundred thousand and a man truck in normal use, the factory is still normal production, but the executive in charge of the bureau did not seize the debtor has not seized equipment, vehicles and debtors, judge asked us to find the debtor himself, found or control the debtor or vehicle to notice in the judge to the seizure, but we find and vehicle debt people notice of the judge in the factory, the borrower either in sleeping or playing, but before the judges and officers arrived in time to avoid leaving slow, so go down, I lent debtors also received don't come back, the borrower but can factory comply, style as open, is excuse me this kind of circumstance is not the executive judge not as? I encountered such a situation how do I put the money back?

Answer: first of all, for the effective judgment, according to the relevant provisions of the "PRC Civil Procedure Law", you shall have a period of two years to the court for compulsory execution. In this case, you shall have a period of four months the executed automatically during the execution of court and two years of compulsory execution.

Secondly, be performed automatically perform the expiration of the period of the people, you can apply to the court for compulsory execution, do not need to take measures. According to the relevant provisions of the "PRC Civil Procedure Law", the relevant court executive judge not compulsory execution, it shall explain the reason. In this case, you should judge questions written reason not to enforce court execution (or take oral questions and make recordings).

Third, if the court executive judge give the reason with relevant provisions of the "PRC Civil Procedure Law" third series of the execution of the program, then you shall continue to apply to the court for enforcement objection. If the court executive judge cannot give a reasonable reason or reasons obviously illegal, you can personally told the judge their behavior may violate the "PRC Criminal Law" article399Article03The provisions of paragraph "to enforce a judgment, ruling the dereliction of duty crime" may even violate Article04The provisions of paragraph "executive decision, ruled that the crime of breach of privilege" (after a crime needs to have sufficient evidence), urged the judge to perform their functions and powers according to law, safeguard the legitimate rights and interests of you. Supervise or you can also go directly to the local and the court the same level of procuratorate filed by the procuratorate to the civil judgment execution situation, to protect your legitimate rights and interests.

Fourth, the court judges enforce the court still belongs to the judicial system of jurisdiction and does not belong to the administrative system, so the judge in the case not through the "administrative procedure law of the people's Republic of China" "administrative omission" system to remedy.

Finally, the above answer is not based on a detailed understanding of the details about the case, only the legal opinion preliminary, please have the appropriate consideration and make a rational judgment. (Huayu, Sina micro-blog@Bridge-Bridge)

3402, rape, police began not on file, then a case in our urging, they find reasons to back off, said the evidence is insufficient, not to the public security bureau to submit, we often go to the police station to make them, back to the director mailbox letter, then the public security bureau leader urged police station, after it didn't take long for the suspect cyber pursuit the suspect from the field, he ran to the police station, recorded after the confession they put people, now is the interpretation of facts unclear, insufficient evidence, no other explanation, we ask them, is what is not said, they give us to procuratorate to, but did not pay, now they don't to the procuratorate, we let them off the case, we go to the private prosecution, they do not withdraw, does our case no deadline is pressed in their local police station? They are not from the beginning to do the case, our victim's rights protected? They do not pay the procuratorate, don't give us a reasonable explanation, the legal time limit on their Scout? Thank you.

Answer: according to the "Regulations" for the public security organs, the criminal case procedure prescribed in article 175th: "the public security organ to accept the case, upon examination, that the facts of a crime and criminal responsibility, and under its jurisdiction, the public security organ at or above the county level shall be responsible for the approval of people, to be placed on file." In the case which has been filed, the police station said "facts unclear, insufficient evidence", should be in the public security organs to the people's Procuratorate investigation by procuratorate to judge. "Criminal Procedure Law" 160th stipulates: "the public security organs shall be the end of the investigation, the criminal facts are clear, evidence really, fully, and write the prosecution of submissions, together with the case file and evidence, to the people's procuratorate together with the review decision." On the other hand, if the public security organ shall cancel after investigation, which belongs to the circumstances of the case, decided to withdraw or terminate the investigation, the Department shall make a withdrawal of the case or to suspect to terminate the investigation report, report to the public security organ at or above the county level for approval. In China, the public security organs of criminal investigation authority restriction belongs to, rarely by external, investigation activities take on the investigative organs, mainly investigating the internal organs to examine their. But if the investigation has ended, neither decided to revoke the case or to terminate the investigation, are not transferred to the procuratorate, public security organ's behavior is illegal. Advisory superior public security organs or the procuratorate, request supervision. I hope for your help. (Zhang Yichao, Sina micro-blog@Al Tori Asia)

3403Hello, my father is to do the processing business, two years ago to a factory processing yarn, record books10000Multiple, but the later factory boss arrested, which records3000Multiple ledger is the factory boss drivers took did not return. The other one7000Much of the book is still in my dad's hands, before finding the boss's son, promised to return the money, is delayed, now don't pick up the phone, I have what way to return the money, it was taken on the books3000Multiple can come back?

A: your father and the factory should belong to the contract relationship, in the light of your presentation, suggest you first actively with the factory boss's son made contact, both sides made processing fees on its your father through consultation, to prove that you can provide, the contract relationship between the record books only7000Multiple, so if the boss of the factory drivers don't return your books, no other evidence in the case can not to the boss's son stands in addition3000Multiple processing fees. If unable to contact factory boss's son, your father can bring a civil lawsuit to the court for breach of the contract, the factory in accordance with the contract agreed to pay the processing fee. Sina (micro-blog@Legal person Xue Binglong)

3404, Hello, my unit on the first floor without any permission, to dig the basement, about three meters deep, the property to provide housing design drawings have been dug foundation, now this unit four layer, five layer has been inclined crack, the construction personnel after reading that is the whole building subsidence stress causes, we have found the relevant district government, urban management, although they were ordered to backfill, but a building owners refused to find the professional qualification for the company to backfill the house, just want to find a worker to backfill, and not to the government the responsibility to deal with this matter in the city or district government, it is said he did not break the law. We victims owners mainly wants to let him find a Professional Company to backfill, identification and for our damaged houses, monitoring is still inhabited, safety, follow-up must claim, is currently the parties cannot agree, is not in place management responsibility, what should we do?

Answer: a building owners behavior has threatened the security of the entire floor, other owners have the right to require the building owners commissioned a Professional Company to repair, if the property owners refused to, other owners can entrust Professional Company backfill, relevant expenses shall have the right to request a building owners, they refused to take, can collect relevant evidence to the court. Sina (micro-blog@Major case-Du Hongtao.

3405, signed for five years, is now on probation, another half a month before the trial period, the post is not suitable for going to resign, before signed a special agreement is about the penalty, is the penalty is protected by law? (major public mail)

Answer: according to the "labor contract law" article22And23The relevant provisions of the, only two employees need to pay liquidated damages, first, the employer to provide special training expenses for workers, the professional technical training, and the agreed period of service, the laborer breaches the agreement on the term of service, shall be in accordance with the contract to the employer to pay liquidated damages. Second, the employee has a confidentiality obligation, the employing unit may agree with the employee on the competition restriction provisions in the labor contract or confidentiality agreement, and agreed in dissolution or termination of labor contracts, during the term of the competition restriction monthly compensation. If the employee breaches the competition restriction provisions, he shall pay liquidated damages to the employer in accordance with the contract. If you do not belong to the above situation, need not pay any damages for breach of contract. Sina (micro-blog@Major case-Du Hongtao.

3406Hello! We rented the house is2013Years5Month1Date of signing the contract, the first sign of half a year, the subsequent signed the first half of the year, the rent is1800, the deposit is3000The rent is over, half a month ahead of schedule. Our October15Number three months of rent (2013Years11Month1No.-2014Years1Month31Number), but because the landlord owe people money,12Month20When the number of people chase after debt to our side, big night opened the door, put our gates sluice gates are closed, then our alarm, police came the others have gone. The police have just let us contact the landlord, but not contact. The evening of the second day to return the call, then we say that the house is not rented out, the landlord agreed, we agreed to live1At the end of the month to rent to live after the move, and then he would return the deposit to us. But today he calls us, we must be in the15Before the move, otherwise the deposit on the back. We say. If he should return this half a month's rent, he also refused to retreat. Now I would like to ask how should we do?(Major public mail)

Answer: you and the landlord agreed1At the end of the move, the refund your deposit, equivalent to both sides of the changes to the contract, advise you to keep the relevant contract change evidence, such as writing or recording etc.. The landlord now require you to move away for half a month ahead of schedule, we recommend that you first to return the deposit, and then collect evidence for the early termination of the contract cause your loss. Sina (micro-blog@Major case-Du Hongtao.

3407, Hello, a decade ago false injury in forensic identification2011Years by the provincial procuratorate oral considered serious, excuse me China law is to forensic identification shall prevail, or to the provincial procuratorate oral identified as quasi, do oral recognized legal?

Answer: first of all, according to the laws and regulations of China, the procuratorate has not injured, wounded qualification identification. Conclusion oral course, more do not have the force of law.

Secondly, according to the relevant provisions of "standard" serious human identification, identification of human identification of damage degree, shall be made by the physician or by personnel with forensic medical qualifications as, also can by the judicial organ, employ more than the physicians staff.

Finally, the above answer is not based on a detailed understanding of the details about the case, only the legal opinion preliminary, please consider appropriate and rational judgement. (Huayu, Sina micro-blog@Bridge-Bridge)

3408Today, the village director election, was elected a director, but said the deputy director is not up to half of all voters vote, the reason is that some votes in the election where the two deputy director, deputy director of the vote for the void, but above other choice, would do so by you

Answer: according to the "Regulations" election law of the people's Republic of China, you said this case belongs to "the number of every vote chosen, more than the number of deputies shall void" and "every voter in an election only one vote", in violation of the provisions of the basic law of our country the election procedure and voter rights, the votes shall be invalid treatment. In other words, all the votes on election matters are invalid.

According to "the people's Republic of China Law of Villager Committee Organization" and its place on the introduction of the detailed rules for the implementation of the law, deputy director of your village for the registration of villagers participating in the election by a majority vote, the election is valid, but not a majority vote of the villagers' vote, and therefore can not be elected. And according to your description, your village director vote calculation may not conform to the law. It is recommended to consult a professional lawyer and take related measures.

3409Hello. Before I sixth village committee election, the town government and the village election committee illegal collusion, so that the villagers on behalf of illegal handling other villagers delegate votes, hair voter card has not issued voter in the home, but by the villagers' representatives claim. Some voters taking bribes300To1000Element. Some married a few years villagers is still as voters. Finally, the Commission director elected village committee director. I would like to ask: this lawsuit has got? Whether the illegal overthrow elected village committee director?

Answer: according to the "Village Committee Organization Law" article13The provisions of article, in the village of census register18Years old village, no persons deprived of political rights, have the right to vote. Article17Article: "by the violence, threat, deception, bribery, false, forged ballots, electoral votes or otherillegitimate means members of a villagers committee, election invalid. On the violence, threat, deception, bribery, false, forged ballots, electoral votes, or other improper means, obstruction of the villagers exercise their right to vote, the right to be elected, the election of villagers committee acts of destruction, the villagers have the right to report to the township, nationality township, town people's Congress and the people's government at the county level people's Congress or the Standing Committee and the people's governments and the relevant departments, by the township or county level people's Government shall be responsible for the investigation and handling." If there is a clear evidence of the existence of bribery and other illegal acts, invalid election, villagers can report to the National People's Congress or the county government, county, Township People's Congress, shall be dealt with by the. Sina (micro-blog@Major case-Du Hongtao.

3410In Guangxi, thank you, I want to specific problems Nanning, resignation and dismissal of civil servants of the consultation, especially during the unit sent to go abroad for training, also did not sign any service agreement, now I resign units on the training fee for compensation of things, want to recommend a professional lawyer help, thank you.

Answer: according to the human resources and Social Security Department of the Organization Department of CPC Central Committee, "civil servants to resign regulations (Trial)" (the Department[2009]69The number)11The provisions of article: "civil servants and the authorities for special training agreement agreed deadlines, not full job within the time limit agreed in general may not apply to resign. Apply to resign to the local authorities, shall pay breach of contract damages or fulfill corresponding obligations. The amount of liquidated damages shall not exceed the authorities to provide special training expenses. Authority is required to resign civil servants payment of liquidated damages shall not exceed the stipulated deadline not fulfill department should pay the cost of training." If there is no agreement of special training, you have the right to refuse to pay liquidated damages. Sina (micro-blog@Major case-Du Hongtao.

3411This is me, a few days before relatives to the next village because the land problem altercation, the other was to hoe hit, but my relatives in hoe then gave her a slap in the face. The other is to check now, check out the flesh wound, the eardrum some damage, but doctors say will be around. Now we relatives here to find their reconciliation, but they resolutely refused to compromise, but also have good relationship is must let my relatives. How to do

Answer: recommend that you actively looking for third people to reconcile the contradiction between the two sides. Because according to the crime of intentional injury elements, your relatives in hoe after beating a slap in the face, causing minor injuries result, has constituted the crime of intentional injury, the court if your sentence is in conformity with the law. Minor results , applicable sentence of less than three years imprisonment, criminal detention or control. If the complaint, suggest you have hands, the other take hoe hit, the other was soon restoration plot proof on both sides quarrel, the judge will consider as sentencing, lighter punishment.(Zhu Xingye Sina micro-blog@The sunflowers on that day)

3412Hello.I am a student but not full16Years of age.Be asked by the school to Foshan Nanhai Toshiba appliance Limited company practice.And to the factory practice but also on the night shift.Every time going to work for8Hours.All overtime work at least two hours a day.I think for the students to stay up late every night10An hour is really too hard.What should I do

Answer: according to the "labor law" article fifteenth prohibits employers recruit not full16A minor under the age of, must be in accordance with the relevant provisions of the state, the examination and approval procedures, and guarantee their right to compulsory education. Art, sports and special process shall not full16Minors, must be in accordance with the relevant regulations of the state, the examination and approval procedures, and guarantee their right to compulsory education. So according to your description, Toshiba electric appliance Limited company is not hire you. In addition, thirty-sixth State the daily working time is not more than8Hours, average weekly working time is not more than44The man hour system hour. The school practice arrangement, can report to labor censorial branch.(Sina micro-blog:@Major case-Lei Wenxia.

3413Hello, big, my mother with a boyfriend after his father's death, living in my mother's house, two years or so, the recent conflict, two people are separated, the man in the pack when personal belongings, who will be my things away, including works of calligraphy and painting, gold ring, gold necklace and other precious articles, we did not know, half a month after she packed the room only to find items missing, what can we do to get her back. For your reply, thank you

Answer: the person's behavior is theft, you should quickly alarm, police on file processing requirements, shall be investigated for responsibility according to law in the police identify theft, after the act returned your goods and compensate for your loss.

Disclaimer: this Micro message platform solution according to the advisory information, on behalf of the respondents, personal point of view, for advisory reference. Sina (micro-blog@Chengdu lawyer Lei Fugen )

3414Hello, I want to ask, Qingdao Wiebe international training institutions despot provisions not to refund, because now the work can not arrive on time, so I want to refund, but they do not give back, how should I do? Would like to find a substitute and then my course refund, make so much money, afraid of couldn't find, especially for help! Thank you.

Answer: the terms of overlord you said, are listed in a clause in the contract law. Format clause into the contract must go through a procedure, and cannot be automatically incorporated into the contract. Format clause into the contract program is actually contract law article39Article1Paragraph provided in terms of a party shall take reasonable method to draw the attention of the opposite side, namely has the obligation to express or other reasonable, appropriate way to remind people to pay attention to the relative to the contract terms to format the fact. This remind, should reach a reasonable degree, concrete from file appearance, attention, clear degree of attention, time and other aspects the comprehensive judgment. To provide one format articles from its liabilities, increases the liabilities of the other party, excludes the rights of the other party, the terms shall be invalid. Contract law article41The provisions of the dispute: the understanding of the standard terms occurs, it shall be interpreted according to general understanding. There are two more on the interpretation of terms of format, shall make a decision not to provide an explanation of terms of format. Inconsistent format clause and non format terms, shall adopt the non format terms. Therefore, at this time you should find out the text of the contract the contract format terms when, is formulated in consultation between the two sides under the provisions of the content, format, whether you are in the contract at the beginning knows, if you don't know, if the other party do remind obligation. A negotiation process should provide you with the terms of the format, no consultation invalid protect your rights and interests in the format terms. Zhou Yan Sina micro-blog@Hula little)

3415Hello. I want to ask, friends in this year1Month3No. turn300Yuan into my account, then no audit. Today, checked, didn't turn into. But a friend there to check the money has been transferred out. Now find the bank, they kick the ball. I would like to ask that300Block and get back to? Add the Construction Bank, my friends and I account is the construction of the city, but different! Thank you.

A: your friend can be solved by transfer record with a transfer bank negotiation, the negotiation fails, can sue the transfer bank. Considering the transfer amount is small, preferably through consultation. Chen Mingyi Sina micro-blog@Flying small partners)

3416Hello, my friend two years ago, market transformation, the original all brand promotion to self-employed workers, income from67Thousands of these lower wages to3-4One thousand yuan, employees to self still continue to receive the manufacturers sales commission, store executives to the manager knows, the default this kind of thing, or even monthly charge8-1000The protection fee. Thus become the industry unspoken rule, some time ago to shopping malls began to investigate, friends thought is to investigate the protecting fees, will relate in detail to the mall security departments frankly and recognize the signature every month for manufacturers to Commission (two years the cumulative amount of one hundred thousand or so). Now malls in non national public servants accepting bribes to my friend Sue has detained thirteen days. Excuse me:1If that was the worst result will happen.2Accepting bank card manufacturers royalty is not I, the public security organs to verify the evidence of the cardholder has not in this city that cannot be verified, this can be.3My friend has a one and a half year old son to take care of, can bail, what is the cost of bail.

Answer: according to what you said, your friend originally belonging to the brand promotion, the Promotion Commission of labor remuneration; when your friend identity into shopping malls and self-employed workers, it belongs to the mall staff, to receive promotional commissions and fees to protect merchants, behavior becomes non national public servants suspected of bribery. The public security organ in accordance with the law according to investigation now, the fact if the amount, number, whether slave prisoners, in accordance with the law. If the clear facts, irrefutable evidence, your friend may be sentenced to a punishment, as a result, according to various circumstances known to comprehensive appraisal; on bail, your friends and family can apply to the public security organ, whether or not approved, it is that public security organs results about the cost, no provisions; whether the problem; confession, fact is in accordance with the clear evidence that. Sina (micro-blog@Chengdu lawyer Lei Fugen )

3417, Hello, if the court to bank basic network inquiry, freeze, deduct the customer account, if the court yesterday to query the account for a large sum of money to go out, the dot is obligated to provide detailed information was transferred account. Must provide the court with name and account obligations to help banks, or as long as the identity card number?

Answer: the court to freeze the bank inquiry, account, such as you describe the situation, banks should provide account information to the court. The court shall go to a bank check freeze, only need to provide the names of the parties(Or company name), identity card number, do not need to provide detailed and bank account number, bank has an obligation to assist. (Zhu Xingye micro-blog Sina@The sunflowers on that day)

3418, Hello, if the guarantee contract date than the principal contract in advance, is ahead of the date is invalid or the guaranty contract is invalid? Thank you.

Answer: first of all, according to the relevant provisions of the "and the related judicial interpretation of Guarantee Law of the PRC", the guarantee period contract guarantees prior to the main debt discharge period, as there is no agreement guarantee period. In this case, the guarantee period for performance of the principal obligation at the expiration of the period of six months from the date of.

According to the basic case you described, you signed the contract without any part of the void.

3419A few years ago,,, I sent me a loan, but the business failed, loans thirty thousand yuan, had no money, then, the bank repossessed my guarantor wages, because of business failure, I can't pay back the money, then, I give the guarantor, ten thousand yuan, however, he was afraid I didn't the money, he put me on the court, let me back, and because of this ten thousand yuan in his home I gave him, nor the parties, in writing, he will be the ten thousand element does not acknowledge, how should I do? I'm not going to swallow it......The problem is that this ten thousand yuan, he does not acknowledge, there was no party, in writing,

Answer: you worry about the guarantor may claim3Million yuan of the amount, without admitting you have received1Million yuan, from the evidence, you can apply for a court to obtain evidence in proof period: your bank account withdrawals, the guarantor bank teller, deposit records. Coupled with the relevant testimony your statement, guarantor's statement, your family to prove your claim in litigation facts. The people's court shall judge according to the facts. Liu Binbin Sina micro-blog@Lovely Cheshire cat)

3420Ethnic minorities, check out the original household registration, sign in another non minority families, can enjoy the preferential policy of minority countries? Trouble you to view, thank you

Answer: the country's ethnic policy is aimed at ethnic minority, namely you filling in forms in the national column filled ethnic minority can be, and whether or not you are in minority census register inside it doesn't matter, so even if the household to move out, still can enjoy the treatment of minorities. Sina (micro-blog:@Major case-Lei Wenxia.

3421, Hello, my neighbor took us five floors into six story, because he had dug underground chamber, the cola is the captain said, urban management, it is not illegal. Soil depth of three meters, he had dug three meters. Not be illegal?

Answer: the housing renovation and expansion are needed to fulfill the formalities for approval of relevant approval procedures, without authorization to expand the illegal behavior, you can report to the construction administrative department, requiring them to a neighbor's behavior to stop it, and require it to take remedial measures, ensure the safety of the whole building. Sina (micro-blog@Major case-Du Hongtao.

3422Hello! Is this. My friend is a self-employed, before hiring relatives (his cousin) to help (the shop did not sign labor contracts). Results some time ago relatives yourself out before you go go it alone, by improper means to our office computer customer information guide go rob business, the confidential price many products to the customers and competitors, customers and to give us a bad name. Does he not permitted to steal my customer data, which belongs to the theft? I can call the police to arrest him? In addition he had given me a friend caused a certain economic loss, this belongs to steal trade secrets act? Thank you.

Answer: according to your description, your friend's cousin violating commercial secrets or constitute unfair competition. According to China's "criminal law" article 219th The infringement of business secret, to the business secret rights caused a serious loss, is less than three years imprisonment or criminal detention, or be fined; if the consequences are especially serious, department for more than three years of less than seven years imprisonment, fined:

(a) by stealing, luring, coercion or any other improper means to acquire the business secrets of the right owner;

(two) disclosure, use or allow others to use the means of obtaining previous business secrets of the right owner;

(three) in violation of the agreement or against the obligee's request of keeping the commercial secrets, disclosure, use or permit others to use the business secret.

The seller knows or should know the acts mentioned in the preceding paragraph, access, use or disclosure of trade secrets of others, to the infringement on commercial secrets.

The term trade secrets in this article, is not known to the public, can bring economic benefits to the obligee, technology information and management information and the relevance of human rights to take security measures.

Alleged human rights this article, refers to the trade secret owner and the commercial secrets all license commercial secret use. According to the "Regulations" the standards of prosecution of economic crime case if your friend's cousin to your friends cause50The direct economic loss of million or more, their actions constitute the crime of infringement of business secret, need to bear criminal responsibility. If your friend's cousin did not give your friend to cause significant economic losses, but generally illegal behavior, then according to the "Anti Unfair Competition Law" article tenth operators shall not adopt any of the following means of violating commercial secrets:

(a) the commercial secrets by stealing, luring, coercion or any other improper means to acquire the rights of the people;

(two) commercial secret disclosure, use or allow others to use the means of acquiring the rights of the people before;

(three) in violation of the agreement or against the obligee's request of keeping the commercial secrets, disclosure, use or permit others to use the business secrets they have.

The third party knows or ought to know the above mentioned illegal conducts, access, use or disclosure of trade secrets of others, as a violation of trade secrets.

Business secrets in this article refer to, do not refer to the technical information and business information known by the public, can bring economic benefits to the obligee, is practical and the right to take security measures. Your friend cousin acts constitute unfair competition, according to "Anti Unfair Competition Law" the twentieth operator violates the provisions of this law, causes damage to the infringed business operators, it shall be liable for damages, the infringed business operators the loss is difficult to calculate the amount of compensation for infringement, by the damager during the profit; reasonable expenses shall be borne and unfair competition act infringed business operators for the investigation of the operator infringed upon their legitimate rights and interests paid.

Be against the operators of the legitimate rights and interests are damaged the acts of unfair competition, may bring a lawsuit to a people's court. According to the appeal provisions, your friend may bring an action in tort to his cousin, and claim damages in accordance with the law. Sina (micro-blog@Legal person Xue Binglong)

3423Everybody good, my grandfather because of leg pain13.12.5A clinic to injection (playing in two knees) after was feeling sick, my grandfather said if not before injection easily, the next few days have been uncomfortable, to14My grandpa right leg. The phone my mother asked the doctor why this is the case, the doctor said to eat anti-inflammatory drugs will be good, we also get the antiphlogistic medicine from doctor,16Number of swelling in the knee pain intensified, aggravated,17Call the doctor, with no need to go to the hospital. The doctor said not to, and an example is similar before a man eat anti-inflammatory drugs.20No. my mom called my doctor to have a look the specific condition of patient, the doctor is said not to go to the hospital, the night my family will my grandfather sent to the Weihai municipal hospital,21Hospital patients, right leg swollen and knee,22No. continue smoking,24Into the hospital, Wendeng Development Zone, continue,27Leg swelling, mild,28Early in the morning the patient died. Is excuse me this kind of circumstance is not clinic medical accident, if it is, how do we chase, clinic how to take responsibility, how much responsibility, whether economic compensation, how compensation. Note, the municipal hospital clinic is retired, his five house (the doctor another live elsewhere)

Answer: first of all, to determine your grandfather treatment. Whether the alleged crime of illegal practice, according to the2008Year "Supreme People's Court on issues of specific application of law in the trial of criminal cases of illegal medical practice to explain" the first Any of the following circumstances, should be recognized as the 336th article of the criminal law has not obtained the qualification of doctor who prescribed in the first paragraph "illegal practice":

　　(A)Not made or obtained by illegal means physician engaged in medical activities;

　　(Two)Individuals without the "practice license of medical institution" run medical institutions;

　　(Three)Period is to revoke the practising certificate of doctors engaged in medical activities;

　　(Four)Without the country doctor practicing certificate, engaged in rural medical activities;

　　(Five)Family midwife implementing medical behavior outside of the family. If the medical behavior of the doctor in accordance with the above provisions, in accordance with the The criminal law 336th the provisions of the first paragraph: an unlicensed doctors qualified person, if the circumstances are serious, is less than three years imprisonment, criminal detention or control, or be fined; serious damage to health of patients, three to ten years in prison, and shall also be fined; cause the patient death, more than ten years in prison, fined. His behavior constituted the crime of illegal medical practice, you can report to the public security organs, and in the criminal case before the first instance judgment is made to file an incidental civil action. According to "the Supreme People's Court on certain issues concerning the application of law in the trial of personal injury compensation case explanation" article seventeenth The victim suffers from a personal injury, medical treatment due to the cost of expenditure and revenue due to loss of working time, including medical expenses, lost income, nursing fees, transportation fees, accommodation fees, hospitalization fee food subsidies, necessary, the obligation of reparation should be compensation. 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, death compensation and the relatives of the victims for funeral expenses of transportation, accommodation and loss of working time and other reasonable costs. If you give grandpa doctor has the qualifications, clinic diagnosis and treatment behavior legal business, and your grandfather's death was indeed caused by the clinic doctors, according to the "tort liability law" article fifty-fourth Patients with damage in the course of diagnosis and treatment, medical institutions and their medical staff is at fault, the medical institution shall bear the responsibility for compensation. Article fifty-eighth Patients have damage, due to one of the following cases, presumption of fault in medical institutions:

(a) in violation of laws, administrative regulations and rules, as well as other pertinent provisions;

(two) conceals or refuse to provide medical records related to the dispute;

(three) forgery, tampering or destruction of medical records.

According to the clinic doctor's fault the proportion of responsibility corresponding compensation for personal injury, compensation scope and above the specific response consistent. If the clinic refused to pay, you can sue to the court, requirement of clinic for civil compensation. Sina (micro-blog@Legal person Xue Binglong)

3424The court sentenced, traffic police and the Construction Bureau of the compensation should be how long after paying the judgment did not write rules also limit thanks

Answer: according to the relevant provisions of the "PRC State Compensation Law", your claim for compensation shall enjoy two years since the date of the entry into force of the decision. There is no judgment explicitly set forth the payment deadline, you can always ask the administrative organs of the state compensation related to each other, but should pay attention to the problem of reasonable time limit for. If the relevant state administrative organ refuses to pay, according to the relevant provisions of the "administrative procedure law" of the people's Republic of China, you can inform the relevant payment a trial court, asking the court to review and take related measures: (a) the corresponding return fines or should pay compensation, notify the bank to transfer from the administrative organ account (two) does not perform within the prescribed time limit, from the date of expiry of the administrative organ shall, from fifty yuan to one hundred yuan fine (three) put forward judicial proposal to the administrative organ at the next higher level administrative organ or the supervisory, personnel department. Accept the authority of judicial suggestions, according to the relevant provisions, and shall inform the people's Court (four) refuses to execute the judgment or ruling, is serious enough to constitute a crime, shall be investigated for criminal responsibility person in charge and the person directly responsible according to law.

3425Hello, my dad drunk, intentional injury2Seriously injured nine disabled, according to police station said that my dad nothing from his pocket, took out a dagger stabbed two people, now the court8Years, said that if the claim can be less sentenced a little, I want to know this man to drink with my dad are jointly and severally liable? Even if all the responsibility on my father, and sentenced to eight years in reasonable? Compensation can reduce how many? Sentenced after family if you think not reasonable can appeal? The money? If the appeal is less likely to judge? Thank you

Answer: according to the "criminal law" provisions of article 234Th: deliberately hurt others body, is less than three years imprisonment, criminal detention or control.

The crime mentioned in the preceding paragraph, causing serious injury, three years and ten years in prison; causing death or by especially cruel means that lead to serious injuries resulting in severe disability, ten years imprisonment, life imprisonment or death. The provisions of this act, in accordance with the provisions. Your father intentionally injuring two people seriously injured (nine disabled), was sentenced to8Years penalty according to the criminal law, the decision in accordance with the principle of suiting punishment to crime.

The criminal reconciliation you mentioned ", according to the provisions of the criminal procedure law" article 277th: the following a case of public prosecution sincere people, criminal suspects, the accused is obtained by the victim, compensation, apology, forgiveness, the victim voluntarily and solution, the parties may settle (a dispute): due to civil causes, suspected of criminal law the fourth chapter, the fifth chapter stipulated crime, may be sentenced to three years in prison punishment; (two) in addition to outside of the malfeasance crime may be sentenced to seven years in prison under penalty of criminal negligence. The intentional crime and sentenced to three years in jail, not applicable criminal reconciliation procedure. With your father drink together if they did not participate in the intentional crime, for the victims of an incidental civil action will not bear the joint and several liability.

The court of First Instance judgement declaration (i.e. within second days after receiving the written judgment plays)10Days, if your family think sentencing overweight, according to the "Criminal Procedure Law" article 216th: the defendant, private prosecutor and his legal representative, not a local people's Court of first instance judgment, ruling, have the right to appeal in writing or orally to the people's court at a higher level. The defense of the accused person and close relatives, with the consent of the defendant, can appeal. By the court of appeal, or directly to the second instance court of appeal. Criminal appeal court does not charge any fees, if your family lawyer do the second defense, law firms to charge the appropriate fee. On the other, according to the "criminal law" article 226th trial People's Court: the defendant or his legal representative, counsel, close relatives of the appeal case, may not increase the defendant. The people's Court of second instance remanded by the people's court to the trial of the case, in addition to the new facts of the crime, the people's Procuratorate for supplementary outside the lawsuit, the people's court shall not increase the criminal punishment on the defendant. The criminal procedure law is: unless new facts of a crime, otherwise the appeal not infliction. If during the trial of second instance not new, to your father's evidence, the court of first instance fact finding no error, the second appeal, upheld the possibility of. Sina (micro-blog@Legal person Xue Binglong)

3426Hello! I want to ask, I (minority) married to the woman (the Han nationality), both accounts did not sign, in the original household registration, apply for a marriage certificate after marriage, the woman can only have one, two is "words, the man can have the two, if the marriage had two, account. To the woman's home, this is not"? Thank you.

Answer: minority policy, need to see the local law or autonomous regulations, specific advice to local family planning. If the child with his domicile policy, can first children account will fall on the man's residence, and later for the relocation. Sina (micro-blog@Major case-Du Hongtao.

3427Hello, Mr. Xu! If I sign a contract, and manufacturers to expire, can go? The manufacturer does not let go, without pay, or wage arrears, manufacturers have legal responsibility for what

Answer: according to the "labor contract law" article forty-fourth: the expiration date of the labor contract, the labor contract is terminated. If you do not want to renew and factories, can choose to terminate the labor contract. In accordance with the "labor contract law" article fiftieth: the employer shall prove in dissolution or termination of labor contracts issued by the dissolution or termination of the labor contract, and in fifteen days for the workers to go through the formalities for transfer of files and social insurance. If the manufacturer does not give salary or wage arrears, the arbitration commission you can ask the employer where the labor dispute apply for labor arbitration. On the other, according to "the Supreme People's Court on the law applicable to a number of Labor Dispute Cases Interpretation (two)" the provisions of article third: workers with employer wage IOU as court evidence directly to the people's prosecution, litigation request not involving other labor disputes, as in the labor payment disputes, in accordance with the general civil the dispute. You can also directly to the court, the labor remuneration to require the employer to pay you deserve. Sina (micro-blog@Legal person Xue Binglong)

3428, marriage, house decoration and furniture to buy money is the woman's parents get divorce, then, this part is the common property?

Answer: married for a party for parents to buy house decoration and furniture capital have made it clear that only give his daughter, and said never give you, if any, these assets should belong to her; if not, these assets should be the joint property of husband and wife, can request the division in divorce. (Yu Pengfei micro-blog Sina@akaMillet-ChinaFunk)

3429, my husband and I are not in the same city, can be in my home here children issued a birth certificate? After the child is born, estimation can get much alimony? To seek support time-consuming also need what certificate, must be that in the agreement signed on people to do or who can go?

Answer: birth certificate to prove their children's birth time and the relationship between parents and children. Divorce, as for the fee standard, according to the "Regulations on the people's Court of divorce cases handled some concrete suggestions" parenting problem, fixed income, nurturing fee generally according to the total monthly income of twenty percent to thirty the proportion of payment. As for the income of husband, can provide the relevant income clues, such as payroll, or request the court directly to obtain its work related evidence. You as the mother of the child, maintenance fees should be required by you, other people have no right to demand. Sina (micro-blog@Major case-Du Hongtao.

3430, Hello, occupy your precious time, to you for advice, I was in May of this year from the next town, a village to buy a piece of land, when buying, ask him the relevant procedures, the village to the town for all, equal to say to the town government to purchase. I ask if they have property, they said no, here to cover the three period, not something. I would like to ask, now about the small property right out of the regulations, I was in Jiangxi Shangrao this year to buy, it is not legitimate, but why the local town government openly planning and earn this money? but now I dare not. Would like to ask, like this can the building? Will two years be out of order put you down, to which rights, compensation. The compensation standard is what? After all, money is to remove them, you are. Responsibility finally, bear the loss is the ordinary people. thank you thank you

Answer: according to the current law, rural land can be transferred in the village residents, shall not be transferable to outside the village or town residents. At present a lot of local case is if there is a dispute the sale of small property housing contracts of sale, the general identification. The housing of small property right policy how to change is difficult to judge, in case of any dispute, the rights will be difficult, recommend caution in dealing with. Sina (micro-blog@Major case-Du Hongtao.

3431Hello, teacher: property company security in my county people's Hospital for parking problem is the hospital managed to minor injuries.All expenses of nearly ten thousand yuan, I should be prosecuted for security,Then sued the county hospital compensation,On? Thank you.

Answer: security behavior is behavior of duty, responsibility should the county hospital to undertake, and the county hospital has more compensation ability, you can to the county hospital and security as a joint defendant to the courts, county hospital and security are jointly and severally liable.

3432, Hello, personal to the Municipal Public Security Bureau to apply for government information publicity, it will apply to transfer to do to branch to reply. Person is not satisfied with the reply, will be the City Public Security Bureau also named as defendants?

Answer: according to the "Regulations of the people's Republic of China Regulations on open government information", the government information disclosed does not belong to the administrative organ or the open government information does not exist, it is possible to determine the government information public authorities shall inform the applicant, the name, the administrative organ. In this case, the applicant to the City Public Security Bureau to apply for government information disclosure, and the Municipal Public Security Bureau will apply to branch answer, do not belong to perform administrative duties in accordance with the law. Step back and say, even the police think disclosed information by public security bureau public, also should tell the applicant to apply directly to the Public Security Bureau, the Municipal Public Security Bureau processing is wrong.

Personal opinion, you can in accordance with the provisions of the administrative procedure law, "" the people's Republic of China, bring an administrative lawsuit to the Municipal Public Security Bureau, request the court to perform their statutory duties ruling the city public security bureau. Because of the specific administrative act is the public security bureau make you prosecuted, no direct relationship with the Public Security Bureau, but not to the Municipal Public Security Bureau as a co defendant. (Lanzhou lawyer Hou Ailong, Sina micro-blog@Lanzhou lawyer Hou Ailong)

3433Today, the village director election, was elected a director, but said the deputy director is not up to half of all voters vote, the reason is that some votes in the election where the two deputy director, deputy director of the vote for the void, but above other choice, would do so by you?

Hello, excuse me one of my above, Is it right? Village director also not be elected?

Answer: according to "the people's Republic of China the electoral law of the people's Republic of China", "Village Committee Organization Law" and relevant laws and regulations and judicial interpretations, you mentioned that in this case the ballot shall be forfeited, but related to this case village director is elected, not directly to judge. Shall be invalidated after the removal of the recount ", according to the relevant provisions of the people's Republic of China Law of organization of villager committee", the majority of candidates to vote the votes, was elected. So if the recount after the village director still gets more than half of the votes is elected, then. And vice versa for the lost.

3434Lawyers, you good! My marriage by parents all the money to buy a house and decoration. The purchase contract is my name. But it was not until after the property permits, the house property certificate is only my name. This is to your lawyer:1If the property, divorce, whether to participate in division?2As a married woman, should be required to add her name in the house property certificate, if divorce, the house is involved in division?3, my property permits can add the names of several people, and what kind of person's name?

Answer:1If the property does not participate, divorce, division of.2The woman's name, if added, divorce property division in.3House property card, can write a plurality of names. But to indicate each person's share of property. Strictly speaking, in handling a large number of people who hold the real estate certificate, should first go to the fair for share.(I think students)

3435How to understand the fine, "administrative punishment law" in the "deferred payment"? "The parties have financial difficulties fifty-second administrative punishment law", needs to be extended or installment payment fines, approved by the application of the parties concerned and the administrative organ, may suspend or in installments. "deferred" may be a long time, what kind of conditions

Answer: there is no specific provision on "suspended", to the economic difficulties to eliminate the state. The program is a party may apply for specific reasons, can not pay the fine, and put forward a specific time delay or in installments of the concrete implementation plan, the ability to perform organ property status of the applicant's is scheduled to pay the fine for review, make whether to approve the decision on the suspension of execution. Economic hardship is referred to as the person being punished to pay the fine, its basic life may influence or not guaranteed. If the person being punished not in accordance with the new period or stage to pay the fine, the executing organ can be enforced. (Xu Kaicai Sina micro-blog public security@Major case-Ice cool)

3436I want to ask after the injury, no hospitalization, the court does not support nursing fee, fee, this on?

Answer: the practice of the court not unreasonable, care, nutrition fees need to be determined according to the results of the forensic, the court can not only by the plaintiffs request support, and need the appraisal conclusion support, advice to the court for identification. (Wang Dongxu, Sina micro-blog@The big fish one flew over the cuckoo Du Hongtao micro-blog Sina@Major case-Du Hongtao.

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