Xu Xin: for a long time, received a large number of legal advice and help, unable to answer all of or concern. After careful consideration, the establishment of the platform. At present, the legal professional volunteer has begun to take shape, to provide free legal advice to the public, and according to the specific circumstances, to provide legal aid to have serious difficulties in the weak obligation.

The consultant, please add Micro message: mycase/ cases, or scan the two-dimensional code

This is the answer of 3166th to 3208th legal consultation

 

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

 

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:

 

3166, Hello, I have a question to consult, inductrial injury caused by third person tort, due to work injury insurance, income does not reduce. Can seek compensation for lost wages?

Answer: the lost income refers to the infringed party suffered from injury to heal completely during this period (time delay), can not engage in normal work actually reduced income. From the information you provided, not too sure what you mean income does not reduce the mean wage, allowance is related to the normal work of the income. But the delay costs is by their employers to pay monthly, not only because of the presence of industrial injury insurance and exempt employers delays to pay a monthly fee of responsibility. From your information, led by third person tort injury, if not enough to make up for your loss, you can also address to the third party tort damages. (Sun Weijie micro-blog Sina@In the pursuit of the road-Fa Meng.

 

3167Hello, would like to ask a friend of women and men bought for a house the names of two people is the husband outside borrowed usury cannot repay if the other legal way to go court will collect the house forced auction? The man that would involve the woman?

Answer: usury belongs to the folk loan, the interest of more than bank lending rates over the same period4Fold part is not receive legal protection. If the prosecution to the court, the man lost and unable to repay, the house facing the possibility by the court auction execution. Because you are the houses there, in the court before the auction, the court is obliged to inform you to participate in the auction, and under the same conditions you have the preemptive right. (Lai peace, Sina micro-blog@My name no nickname)

 

3168, Hello, I would like to ask the loan contract signed with the mortgage and the mortgage registration, the loan has not expired, but the court received notice of the collateral property due to the mortgagor has other disputes have been auction, auction sales in the court, the court claimed to have express to the mortgagee but the mortgagee shall not sign, now auction sales than the loan amount is less, what's the mortgagee what measures should be taken, in trouble.

Answer: according to "the Supreme People's Court on the issue of the people's courts Several Provisions" of article91A, "to participate in the specific distribution of debtor's property, shall be made by the first seizure, seizure, freezing of the court conducted. The implementation of measures of attachment, seizure, freezing the first court adopted such as system for the implementation of property preservation, the specific distribution shall be carried out in the end the trial of the case". Article93, "the court attachment, seizure or freezing of property have priority, security interests, may apply to participate in the distribution program, claim priority". You can keep the relevant mortgage evidence to the court, request priority, the insufficient part require the borrower to pay. Sina (micro-blog@Major case-Du Hongtao.

 

3169To help a friend, consult a problem one of my friends, a few days ago was called back to home; others to introduce a, so give people the betrothal gifts14Million to marry, said after the Spring Festival, after the girl told me that a friend, she won't marry him, she has a boyfriend, just come back to walk, my friend now worry that if you do not get married, his about one hundred thousand Is it right? Lost, can you from a legal point of view, it is the return of betrothal gifts, if do not return can be protected by law! Thank you.

Answer: the marriage betrothal gifts is a ritual of both sides, customs. In essence is a kind of conditional grant acts, the condition attached is the establishment marital relationship. According to the Supreme People's Court on certain issues in the application of "marriage law of the PRC" explanation(Two)Tenth the provisions of paragraph 1: "the parties to request the return of the betrothal gifts custom payment, if identified as belonging to the following situations, the people's court shall support:"(A)The two sides did not apply for marriage registration formalities.... From what you said information, if your friend with the girl did not apply for marriage registration, your friends can claim restitution of betrothal gifts. (Sun Weijie micro-blog Sina@In the pursuit of the road-Fa Meng.

 

3170, Hello, I am Beijing Fengtai District five shop in North District village, the zero six year of marriage began demolition house. At that time had three sets of two bedroom apartment, then have a child, zero eight years children number of square meters and more than fifteen bought a one bedroom. Zero eight years ago my ex husband to fight in prison, father-in-law to one room secretly sold, I and the children to him to borrow money to live, I sue household division, ex husband did not come back not court said. Zero nine years of husband out of jail, father-in-law the sell a house money to her ex husband, also don't go home, I'll sue divorce. The divorce was not the division of property, let be prosecuted. I sue, the court said the lack of evidence, and four secondary transfer letter to evidence, only to the demolition resettlement contract. Legal consultant for Demolition Company told me the contract wrote me and my daughter's name, is the proof we have, other had not opened to prove, but the contract tenth said to Banfangchanzheng, also cannot separate proof. Up to now is also the form of contract, not the property permits. Residential use right can I have a house? What time can take ownership. Thank you, for your reply.

Answer: according to the Supreme People's Court on certain issues in the application of "marriage law of the PRC" explanation(Three)Article5Provisions, one of the spouses in the marriage of personal property gains, except fruits and natural value, should be identified as the joint property of husband and wife. If removal property belongs to your ex husband before marriage is all, after the removal of the property shall generally be your ex husband all, which remains the personal property, but if taken into account demographic factors, for increased due to consider your personal housing area, should be the joint property of husband and wife; for your daughter a few metres, plus on the15The housing million yuan to buy, the15Million if you pay with her ex husband, should be the joint property of husband and wife, may require the segmentation. You for the demolition because your accounts such as the increase in the size of, and be paid15Million buyers have the right to request as the joint property of husband and wife segmentation. If the demolition of property after marriage property, should be the joint property of husband and wife, was taken after the income housing should be the joint property of husband and wife, you have the right to get half. Sina (micro-blog@Major case-Du Hongtao.

 

3171Hello, Mr. Xu, I am a Guangdong University of Foreign Studies study of forensic linguistics, sorry to bother you. I have a question to ask you, do you understand the legal translation errors caused by the contract dispute case? Or contract which part of translation errors, the most easily trigger disputes? Thank you.

Answer: translation belongs to the category of labor contract, the performance of the contract should be your accurate real-time and efficient to provide translation services. It should be said that there is the possibility of a dispute in the whole process to provide translation services, but through consultation by both parties, should be able to resolve contradictions. But the major matters of translation because of your translation is not accurate or deliberately false translation in the translation process, should bear the legal responsibility, at the same time to learn in the process of translation of commercial secrets, you shall have a duty of confidentiality. (Lai peace, Sina micro-blog@My name no nickname)

 

3172First of all, Hello, thank you to provide free advisory services for those of us ordinary people, I want to consult today is this: my relatives is a private contractor, some time ago when helping a family to do the demolition, a worker accidentally from2Crashes, causing severe lower limb fracture, is now in the hospital, my relatives (Bao Gongtou) has been paid5Million in medical expenses, the doctor said conservative estimates it will5To6Million, this to my relatives such a small labor contractor is very difficult, I would like to ask: who should bear the corresponding responsibility? The landlord to have the responsibility to pay medical expenses?

Answer:1On your relatives, such loss of sympathy, but for the this is a pain, the proposed active money to treat the wounded; if there is no money, can let your relatives to the families of the victims suggests looking for the landlord to part of the medical expenses.

2In general, housing demolition, needs to have the corresponding qualifications, if the landlord knew you relatives without the corresponding formalities and employ them, should bear some responsibility. If a worker in the labor they are at fault, should also bear some responsibility. As for the landlord, workers, your relative responsibility size can be negotiated. (Sina@Major case-Luo Qiang.

 

3173I was a girl, it is together with him, knew he had a family, he wants a divorce. I don't let the experience of many years, then we have a daughter of five years old, he told me he wanted a divorce to and the other for a child, children, marriage also not from! We split up, I'm anxious to give the child a family hurried to find a friend results, married two months away! I am a person with children is very difficult, we ask him for help, he gave us the house rent, settle our, I for the children came together! He was in Zhengzhou, my home town, occasionally come back I also feel satisfied, I also look for a job, see my life better, he has always suspected me outside, he will go with our mother and daughter out of rental house and I also he gave us the living expenses, I am helpless! I and he didn't name he didn't give us much money, come back and I have living expenses for him, I think! I want to sue him for child support and my spirit damages and youth fee, and a lump sum! Will this be?

Answer:1You have to face, the sympathy; but you have marital relations in the case of others, and others still living the condemned, suggest you dissolve cohabitation relationship with him and agreed to your child support problem and economic problem, start their own lives.

2For you, that child request support is subject to legal protection and support, for mental injury solatium and you say green loss cost, this will not be supported.

3If the consultation, the possibility to obtain a better solution results; if not, we suggest to resolve through litigation. (Sina@Major case-Luo Qiang.

 

3174I would like to consult, social insurance is limited by limitation of action? If the dispute after about the social security fee is not the limitation of action or apply for arbitration in accordance with the labor dispute processing time for a year?

Answer: draw from your problems of information should be social security tax demand units compensation. If you filed for arbitration to the Arbitration Commission for overdue social security fees, Arbitration Commission shall not accept to pay the social security fee is not accepted on the range, because of overdue social security fee does not belong to the social insurance benefits. You can claim by changing the request for arbitration, "employers do not pay social security cause laborer loss" for application to the arbitration commission. Generally speaking, arbitration time period from the party knows or should know their rights have been violated one year of the date of. (Sun Weijie micro-blog Sina@In the pursuit of the road-Fa Meng.

 

3175The child support payments, according to what criteria to calculate? Once let him pay? My daughter had inherited his property rights? I want to initiate a public prosecution where the Department?

Answer:1Children, nurturing fee amount, fixed income, nurturing fee generally according to the total monthly income of twenty percent to thirty the proportion of payment. The burden of more than two children upbringing, the proportion may be appropriate to increase, but generally not more than fifty percent of total monthly income. No fixed income, raising fees on the basis of the average income in total income or the same industry, determined with reference to the proportion. There are special circumstances, may be appropriate to increase or decrease the proportion.

2In general, practice, according to the local (provincial) per capita consumption expenditure of rural residents and urban residents per capita living expenditure calculation alimony, each party shall bear the expenses in half.

3, to a payment, but requires consultation between the two sides. Calculation above multiplied by a child to18Years the number of years.

4Children, to inherit his property rights.

5If not, negotiation, to the court. (Luo Qiang, Sina micro-blog@Major case-Luo Qiang.

 

3176The original housing units, and indeed he was the original real before marriage, but after the removal of subsidies according to the population number of square meters. Now I have divorced. Problem a: I might go back to her share of the house? Is it right? According to grant price3550Element/Square meters to give him money. And the added one hundred and fifty thousand marriage is to us to borrow, ex husband has also, I will assume half? Second: Is it right? Can be identified according to the original housing redistribution has given the house, no longer out3550Element/Square meters of money? After the removal of no separation, we number of square meters are rubbed together, a total of nine individuals, can I want all the house 2/9, to advocate a house? Third: how much to sell the one room? As one Demolition Company told me that only the demolition contract, all the houses are married, I and the children to 2/9 on the line, this is a legal basis? Thanks a lot.

Answer: the marriage because of your account units increased number of square meters belonging to the joint property of husband and wife, that is 1/9, you can get half, a house in the area of more than you should share the number of square meters, it should be from her ex husband compensation; if the child custody of you, you have the right to request the number of square meters to children you. The15Million belonging to the joint property of husband and wife, the set of real estate acquisition in the marital relationship continues to exist, it should belong to the common property, your father-in-law is the housing will be sold to the general income limit should be you. In addition, according to the "marriage law" article42Article: "at the time of divorce, if one party has difficulties in life, the other party shall render appropriate assistance to its housing and other personal property. The specific measures for the agreement by both parties; if they fail to reach an agreement, the people's court ruling "you can life difficult for man to you, for a set of housing. As for the demolition of houses belonging to the marriage of their property, and no such provisions of law. Sina (micro-blog@Major case-Du Hongtao.

 

3177Hello, lawyer!Procuratorate accused me of dividing the state-owned assets, I think the evidence is insufficient:A I don't understand the nature and sources of funds, has no subjective intent. Two the money should have what sector identification and determination of state owned assets?Thank you!

Answer:1, it is recommended to consult a professional lawyer.

2The subjective intent, you how, due to lack of materials, not speculation.

3Any acts of nature, are identified as quasi judicial organs. Because only the court has the jurisdiction. (Tian Chentong, Sina micro-blog@Tian Chentong_We should always remind ourselves)

 

3178Hello, Mr. Xu! I am a divorced woman, in four years ago after a friend introduced, to know my son's father. When he is nothing, still owe a debt, and with a daughter. Only is his thoughtful and careful touched me, let me deeply in love with him. Did not think this is his disguise, when he was two and living with me at the same time, he is actually in the visual target next. But I don't know, still hell-bent pay for him, I go to work, he went to sleep at home or play mahjong, has been eight months. He later in a tourism company to apply for, when a manager. Also at this time, I was pregnant with a son, I urged him to get a marriage certificate and birth certificate, he would always make an ambiguous statement, I think he is really busy didn't care. Who knows when I was five months pregnant, I suddenly received a text message, learned that he had been in marriage and others. I suddenly Mongolia, and can't eat, sleep is not good, resulting in malnutrition, caused the son of preterm birth. More than 80000 to spend in the hospital, he is not a penny out of, and I also took twenty thousand pieces of money to help him pay, before you didn't know I owed. For the son of an intact family, I forgive him, the woman also told him off. Didn't expect just a few days ago, he had found another nine years younger than my woman, and back home, just be I caught. Angrily, I ate forty sleeping pills, not only did he send me to the hospital, and even the hospital phone didn't play, let me emerge of itself and perish of itself. The evening of the second day, but I myself just woke up, but my heart is completely dead. I don't want to continue like this, but I have too many can not be reconciled and the son of fear. I want to ask you, if I and he passed a law to terminate the relationship, (we didn't get a marriage license) can get his compensation and return to what he owed me money? I have him play ious two Zhang, a ten thousand is borrowed from my friends, but I have also money. One is to call my twenty thousand. Most importantly, he still nothing, and foreign debts more, son didn't account, do you think I should do?

Answer: according to the law of our country, you and your child's father is not married, and have no legal relationship between husband and wife, can only be regarded as cohabitation, so you do not need to lift the relationship through the legal way, you are to be in accordance with the division of property in the partnership relationship, because he did not work and indebted, you can directly. As for you and his creditor debtor relationship, because you have him write less, if we can find some other evidence, such as the testimony of a witness or dialogue your record, to prosecute him should not be a problem.

    In addition, about your son falls account problem, although China's "marriage law" provisions of the illegitimate children and children born in wedlock enjoy the same rights, but in practice all over the country is not a. So, I suggest you go to the local police, neighborhood or village committee advisory clear, generally need to pay a fine or social maintenance fee. There is a very important point, although you and the father of the child and not married, but he still has the obligation to support your son, that is to say, you can sue him to pay child support. A word of advice, Dutch act will only give you a son and the other from someone who cares about you bring an indelible wounds, for your son and his live well requires more courage. (Cai Qianwen, Sina micro-blog@The Diamondback_Silver)

 

3179, Hello, I am a Sichuan Xihua University students, to ask the legal problems I came across recently.This summer I and more than a dozen students friends through a mechanism called beautiful journey paid internship program (the school recommended) to USA internship, working in a Mai Don Laurie.The original contract clearly written McDonald's must be provided to our working hours per week for at least thirty hours, but the actual situation is our first week didn't work, second weeks only 10 hours, the middle work time is only thirty hours a week, especially in the last two weeks, each week only ten or twenty hours, average thirty hours time must not.Back to our early October.We met a lot of problems in that time, McDonald's working environment is bad, the body not what, but the mental torture, work very unhappy.The journey of the intermediary are almost ignored us.Later we found that they had a good discussion, they took us to the American practice guise, frumpy, experience the local local customs and practices of our labor at the local, they years ago began to such collusion, this is not, this year they began to recruit.The original McDonald's agent will come to our school to recruit, but may be because all of us come to some participants said the US, a boycott, McDonald's agency personnel not to our school, but turned to the other provinces and cities schools recruit.But, this will have a number of people have bad luck, but beautiful journey and similar McDonald's company still can collude to press China, especially as we students.Therefore, I ask you what laws to limit these slaves to money behavior?

Answer: according to the information you provide, I didn't know you signed with the agency contract belongs to what nature, is training, short-term labor output, or foreign-related tourism? Provide2Suggestions.1First, you need to understand the nature of the agency. You have to query the mechanism of information on the Internet, of course, is the most accurate to the registration of industrial and commercial bureau query business license the agency registered address, business scope, confirm that the agency is labor input, learning, foreign exchange of foreign travel and other qualifications. And the covert labor export its alleged ", training, travel contract fraud problems" to the registration of the business sector complaints, report. Secondly.2The school, you have to figure out what role in this incident. You mentioned the paid internship project in this problem are recommended to the school, you should make clear the school is the Xihua University or a school or is it your teacher recommendation, then know if are recommended to the school, school whether there is cooperation with the project, if it is a school teacher recommendation, so the teacher may have interest relations with the agency, also suspected of fraud for personal behavior, you can report to the school teacher. In practice you can to the law department of the school teacher ask (Xihua, six teaching building6A). (Luo Xingkun, Sina micro-blog@Major case-Luo Xingkun.

 

3180We are all, in the decoration company (Contractor) ground decoration live, also is the construction team foreman called my husband, the construction process of an eye injury, caused by eyelid and eyeball rupture, because in the process of construction crack blade fly enucleation, belonging to the five level disability, I want to know how to Party A(Trading Company)Party B (decoration companies), ask for compensation? If the claim amount is probably how many? The contract is signed and b... Thank you

Answer: first, Party A and Party B signed contract is a contract. "Personal injury compensate explanation" article10Provisions, the contractor could cause damage to the third people in the completion of work in process or cause itself against the hirer shall not bear the responsibility for compensation. But the hirer to custom, instructions, or selection of any negligence, shall bear the corresponding compensation liability. Party A (trading company) for people to decide, not to the Party of the first part (trading company) a claim.

Second, look at your labor relations. You is the employment relationship and labor relations and labor contractor.AIf is the employment relationship, according to the compensation for personal injury compensation, compensation for the project in general are: medical expenses, the hospital food, nutritional costs, delay costs, the costs, disability compensation (see the "personal injury, road traffic accident compensation standards")BIf labor relations, the application of inductrial injury, work-related injuries and occupation disease disability identification, for compensation in accordance with the regulations of work-related injury insurance (see the "Regulations" the compensation for work-related injury insurance)

Third, the decoration company need not require compensation is the main contractor and Party B sign what kind of contract, see the wage labor contractor or a decoration company, is to define your husband and decoration companies Is it right? Employment relationship. It is based on the compensation for personal injury. In addition, the contractor is required to have the qualification of the contractor, if not qualified, decoration companies to work for an unqualified contractors, also need to undertake certain responsibility.

Finally, the specific amount of compensation, the provisions of the cardinal difference calculated are also different, in accordance with the labor relations calculate inductrial injury, according to the employment relationship is the personal injury compensation. (Wang Dongxu, Sina micro-blog@One flew over the cuckoo) fish

 

3181Again, Hello, excuse me, always pay attention to you in the Micro message and micro-blog, thank you for your selfless justice, I ask I is Jiangxi Shangrao people, I love my pregnant a few years ago, because the outside work, will not come and receive a marriage certificate, birth certificate. So the birth of a child three or four months to go to receive a marriage certificate, I now the local children on account of me to go to the police station told me, proof of the village, and the village in all kind of excuses to delay. Now the children two years of age. I would like my situation is made meter method which? How to deal with? Then, how to process to account. Semyon Semyon Semyon Semyon Semyon Semyon Semyon Semyon

Answer: meet the conditions for marriage but not to apply for marriage registration shall be pregnant the first child, in children born before the re registration of marriage and birth certificate. And you belong to the situation out of wedlock birth, need to provide family planning departments in accordance with local pay social maintenance fees, payment standards in each place, not a specific situation, suggest that you consult your local health department. And then by the health department of the punishment decision, to pay the social maintenance fee receipt and birth certificate to the man or the woman's residence to the local police station for processing into people's homes. (Zhang Wulin, Sina micro-blog@Zhang Xiaozong five kernel filling)

 

3182, Hello, consult a problem?If you are unable to transfer the purchase, contract notarized, handled by the way, and the seller suddenly economic disputes, leading to the real estate mortgage. What to do?Buy a house is the first creditors?

Answer:1The contract just a certain antagonism, but after all, no transfer, instead of moving to property mortgage registration in force, at present, now your house not transfer, but also because there may not be able to handle the transfer of mortgage, you can only claim the creditor's right to the seller, demand it to bear the liability for breach of contract. (Lei Wenxia, Sina micro-blog@Major case-Lei Wenxia.

 

3183Hello, I want to consult, a shantytown housing legal problems, my city is Hebei Tangshan, I lived in the year two sets of public houses by, when a flower2000Buy back, that is4000Buy more, now the reform policy is based on household population, is not reasonable, not according to the square, some families have a house, the sons and daughters of the accounts are not signed out, so a lot of sets, and our little family, the house is also very small. He said I had money to buy a house, plus0.17A point of interest. Two sets of houses have no land permits only the house property card, what should I do to safeguard their own interests?

Answer: the following discusses only the State Council regulations. The local regulations and rules proposed in the self retrieval directly after consulting the authorities, in order to accurately.

A, you deserve compensation.

1.1  The amount of compensation.

According to the "state-owned land on the housing levy and Compensation Ordinance" article17, "make the people's government at the county level city housing levy, to be imposed on the decision of compensation include: (a) the value of housing expropriation compensation; (two) because of a housing resulting from the relocation, temporary resettlement compensation; (three) because of a housing caused by the shutdown stop industry loss compensation. City, county government subsidies and incentives should be developed, to give subsidies and incentives to the owners." According to Article19.1, "the value of housing expropriation compensation, shall not be less than the housing levy decision of the announcement of the houses to be expropriated the market price of similar real estate. The value of the houses to be expropriated, the corresponding quality of the price of real estate assessment agencies in accordance with the housing tax assessment to determine to evaluation."

Upon retrieval, compensation for the small property right room without land certificate may have land card room is not wrong, but if Tangshan otherwise specified, and ultimately to the right authorities identified as the quasi.

1.2  The form of compensation.

According to Article21One, the "expropriation can choose monetary compensation, also can choose housing property exchange. To be imposed on the choice of house property rights exchange, city, county people's governments shall provide for the property housing units, and calculation, and be imposed on the settlement of the houses to be expropriated for the property right exchange value and value of housing price. Because of the old city reconstruction levy personal housing, to be imposed on the choice of housing property exchange in the rebuilt area, make the people's government at the county level city, housing levy decision shall provide reconstruction lots or lots of nearby buildings."

So, you deserve the price difference. "Buy a house with the money0.17A point of interest "clearly should only be a part of compensation.

Two, you should fulfill the obligation.

According to Article25.2, "compensation agreement, if one party fails to perform the compensation agreement obligations, the other party may bring a lawsuit according to law." According to Article28, "expropriation does not apply for administrative reconsideration within the statutory time limit or not to initiate administrative proceedings, the decision on compensation within the prescribed time limit and do not move, made the people's government at the county level city, the housing levy decision shall apply to the people's court for compulsory execution."

Such as the compensation agreement has been reached, you should according to the agreement to help move; if not assist relocation and does not apply for administrative remedy, the government may apply to the court for compulsory removal. (Tian Chentong, Sina micro-blog@Tian Chentong_We should always remind ourselves)

 

3184,12Month12First, I drive a car from west to East in normal driving, the other bikes don't see route south to north, I stepped on the brakes too late, crashed together. I have the driving recorder, when I had finished crossing all motionless, the man from the side population back out, this is my responsibility?

Answer: traffic accidents, who pay responsibility this is mainly to see everyone in the accident fault and set, and every province should have the relevant provisions of their own "Road Safety Act" responsibility, for example in our province (Yunnan),

 Motor vehicle and non motor vehicle drivers, pedestrians between traffic accidents caused casualties, property losses more than compulsory insurance liability limits, the motor vehicle shall bear the responsibility of traffic accident, liability by it in accordance with the following provisions:

(a) take full responsibility, bear100%;

(two) primary responsibility, bear80%;

(three) bear equal responsibility, bear60%;

(four) negative secondary responsibility, bear40%.

The motor vehicle shall have no traffic accident responsibility, bear no more than10% of responsibility.

Non motor vehicle drivers, pedestrians and in the stationary state of motor vehicle traffic accidents, the motor vehicle shall no traffic accident responsibility does not assume liability to pay compensation.

So, I suggest you first to find the relevant provisions about liability for your provinces, then according to the driving recorder provides recording to the traffic police, the division of their respective responsibilities, the responsibility of certificate issued by the traffic accident, through the relevant compensation. (Li Zhixin, Sina micro-blog@Shy Oriole)

 

3185, Hello, I was in Shanghai. The thing is, I'm a maternal child just born with hypoxic condition and immediately sent to hospital for children do check that pneumonia brain edema. I think I do production inspection of the hospital have certain responsibilities but not sure this is medical accident? I first measured blood sugar in check during the show a little high blood sugar, the doctor let me review,30Weeks check is still high but the doctor did not make any measures, when I arrived40The week when I asked the doctor I need Caesarean birth give birth to the child? The doctor said it does not matter how outdated not, when I40+6When I went to the hospital to another doctor say why you haven't entered the hospital, your blood sugar level is so high, plus ultra for so long is amniotic fluid turbidity, that they had arranged to go in, but that no beds, until second days and then go in, third days in the Caesarean birth, the child was born hypoxia

Answer: you found that high blood sugar in check, related matters general hospitals should remind you note. As for your birth after9Caesarean birth day led to the baby pneumonia and brain edema, does the hospital have a responsibility, need to see whether or not in violation of medical practice process to determine the medical measures in examination and in hospital. If you think there is responsibility of the hospital, medical records, medical records, can collect relevant documents, check the payment documents to the competent department of health of local application such as the medical accident identification, according to the decision of the safeguard measures of the identification results. (Du Hongtao, Sina micro-blog@Major case-Du Hongtao.

 

3186Hello, my name is dragon, named Tan Jiao, female, has the following things to consult your company! Yes, I am2006Years of divorce, then gave birth to a son, and agreement of forty thousand yuan as the maintenance of the child, but my ex husband has not to support me, but changed to ious forms, excuse me this case I want to sue he may recover back child support? In what way can solve the most quickly? Thank you, looking forward to your reply help

Answer: first of all, should consider both parties pay alimony.

If no agreement can be considered as the following:

First, you say what time write down ious? Pay attention to write ious date is not full two years ago? If not full can be based on the relationship between debt IOUs to prosecute.

Second, if you write ious date now has two full years, you can according to the divorce agreement to pay child support fees to prosecute the legal relationship, required to pay alimony. Or you can directly press second point charges.

Third, whether to pay alimony agreement ious forms do not influence you to ask for forty thousand yuan. (Lou Juan, Sina micro-blog@Loujuan620Hua Yu, Sina micro-blog:@Bridge-Bridge)

 

3187The original manager, property companies received coal arrears telephone replaced years looking at all whether constitutes the crime of fraud?

Answer: fraud, refers to the illegal possession for the purpose, with the method of fictitious facts or conceal the truth, for the larger public and private property act. Identification of this crime should pay attention to the following problems in judicial practice:

1, imposed by the act of fraud, the crime is the key. Fraud refers to the behavior of people, by telling the truth of fact or fiction, the victim for gospel truth, "automatic" the wealth to human behavior. Here we should pay attention to three points:

(1) cheat form mainly has two kinds: one kind is the fictional facts, the perpetrator deliberately does not exist objective fact, diddle victim trust; the other is to conceal the truth, that is behavior person conceal objectively existing facts, make the mistake of the victim;

　　2.The result is that the victims of fraud in the wrong understanding for gospel truth;

　　3.The behavior person acquires property is the property disposition and make the victim because of the wrong understanding based on. The disposal of property is usually directly to the goods delivery people, can also be abandoned or commitment of people obtaining property etc..

2, constitute a crime to conduct swindle large amounts of public or private property of others as a necessary condition. According to the relevant judicial interpretations, the amount of fraud to defraud property amount is larger, the value of2000Yuan as a starting point.

3This crime can only be formed by natural persons. Suggest you according to the actual situation, alarm processing. (Liang Peimin , sina micro-blog:@Pei min Pei min)

 

3188Travel experience, "Li Tian"(The picture content for all cases after and part of the evidence, but the police not to put on record, report and no receipt, not to put on record does not give the receipt, suspected police collusion of local tyrant,Right without the door: as the central rate of group enterprise middle-level cadres, because this report, affected the interests of the company, be demoted, companies in various ways of trying to push me away). Cases occurred in Guangdong Province, Zhongshan Torch Development Zone, Dongcheng police station area, my permanent Guangzhou, company for the central enterprises in three companies, I in the last Friday was demoted before the Department Manager of Guangzhou office, now subject to internal and external injury, seek assistance.

Answer:1．1Criminal: the remedy for not filing the case to the Public Security Bureau, including to apply for administrative reconsideration or to the prosecutor's.

According to the criminal procedure law article110, "the people's court, the people's Procuratorate or the public security organ to report to the police report, Sue, and surrender the material, should be in accordance with the scope of jurisdiction, promptly examine, believes that there are facts of a crime and criminal responsibility, it shall file a case;Don't think the facts of the crime or the crime, obviously minor, need not when, be investigated for criminal responsibility shall not put on record, and shall notify the complainant reasons for not filing the case. If the accuser disaffected, can apply for reconsideration."

According to the criminal procedure law article111The people's Procuratorate think, "the public security organs should be the case on file for investigation and not placed on file for investigation, or the public security organs shall think of the case on file for investigation and not placed on file for investigation, submitted to the people's Procuratorate, the people's Procuratorate shall request the public security organs that do not file a reason. The people's Procuratorate considers that the reasons for not filing the case in public security organs can not be established, it shall notify the public security organs, the public security organ shall file the case after receiving the notice."

1.2  Civil: claims to the infringer.

You may apply to the court civil court appeal of compensation for tort damage. On the basis of law including but not limited to tort liability law article2,6Article.

1.3  Labor: apply for labor arbitration, lawsuit.

Unit downgrade not reasonable. In addition to the "labor law" "labor contract law", also can according to Dongguan local regulations, rules and regulations of state-owned units. (Tian Chentong, Sina micro-blog@Tian Chentong_We should always remind ourselves)

 

3189I work in Nanyang City, Henan Province, the boss ran cannot find a person, we go to the labor bureau said that three months later transferred to the court processing. What should we do?

Answer: according to your description, the labor security supervision departments may have on the units concerned to make administrative processing, three months as legal proceedings, after the expiration of the entity refuses to bring a lawsuit is not fulfilled, the labor supervision departments will be transferred to the court for compulsory execution, verify that you can to specific handling the case personnel, if this is the case, please wait patiently. Wang Hongyi (labor supervision,Sina micro-blog@The earliest80After)

 

3190Hello! I want to ask, my village election coming up, Xiaoshan District regulations cannot leaflets propaganda, also cannot send bearing the name of the small card, do they have the right to do so? Thank you.

Answer:3．1      Leaflets, card violation: according to the "constitution" article34, "the people's Republic of China citizens aged eighteen years...... Have the right to vote and to be elected". According to the "Notice of the Ministry of Civil Affairs on the election of villagers' committees' 'for the (Minfa (2013)76The fifth chapter number) "," election of villagers committee shall organize the candidate and the villagers meet, introduces their envisioned by the candidates answer questions, the villagers. Electoral competition and supervision shall be presided over by the electoral committee, open, fair, impartial. Election of villagers committee shall on electoral competition of candidate materials for audit checks." The election committee shall perform the obligation to organize elections competition, fulfill the obligations of unauthorized flyers, business cards and the public law restrictions, "law unauthorized is prohibited", the behavior that limit your constitutional rights.

3．2You remedy: according to the "General Office of the CPC Central Committee, office of the State Council issued" notice on strengthening and improving the election of villagers committee ", to give full play to the supervisory role of Party committee, people's Congress, the government and its functional departments, combined with practical, give play to the supervisory role of villagers, the villagers election committee for the whole process of election. We should actively explore the supervision of public opinion and all levels of the party, NPC deputies, CPPCC members as election monitors and other forms, to strengthen the supervision of the election work of social strength." The election committee is not a government department, can not bring an administrative lawsuit, administrative reconsideration, administrative remedy, but to the multiple feedback. For example~Hair micro-blog~

3．3On the other, flyers, business cards in the National People's Congress election is legitimate. According to the "National People's Congress of the people's Republic of China and the local people's Congress election law2010Correction)"Article33The president, "the election committee or the people's Congress delegation shall be submitted to the voters or deputies on the candidates. Recommend candidates of political parties, people's organizations and voters, representatives can introduce the candidates for deputies recommended conditions at group meetings of voters or deputies. The election committee shall organize the required by the voters, the candidates and voters to meet, introduce my situation by the candidates, to answer the questions of the voters. However, on election day must stop the candidate's introduction." (Tian Chentong, Sina micro-blog@Tian Chentong_We should always remind ourselves)

 

3191During the period of school, students can apply for transfer of residence? I am big four, big one time has not moved, and now would like to move, do not know can?

Answer: students account transfer formalities is admission school admission notice and take residence booklet to declare the seat of the police station to move out of registration, the review after review by the local account migration certificate issued. And write off of the original residence. Then the school admission registration, submit the account migration certificate and notice of admission to the school account management registration authority, audited in accordance with the provisions of the school account management, registration shall be in charge of the collective household registration. You have big four schools should not accept you moved into account for. In addition, the relevant policy recommendations to the school during the registration center in school management to the public security departments can transfer accounts. (Guo Xiaojing micro-blog Sina@1990bossDu Hongtao micro-blog Sina@Major case-Du Hongtao.

 

3192, Hello, I would like to ask, one case had two chamber, and through the third party of administrative organs reached a settlement, handed over before the8000The litigation fee, now that the litigation costs and attorneys fees should be how to calculate? Especially the lawyer did not participate in the subsequent mediation.

Answer: the mediation is not easy, in accordance with the agency agreement to pay. The lawyer fees can be negotiated, did not participate, as appropriate, the lawyer will return part. Zhou Xudong Sina micro-blog@1990boss)

 

3193Study in Australia, i. I will study abroad for purchasing. Open a shop. The general is patted the goods. Then I bought later mailed home. I do not know this is illegal or criminal? Purchase of goods. A single include I earn no more than2200. How is illegal?

Answer: the overseas purchasing may be the main legal problems existing tariff issue, according to the "on the adjustment of import and export management measures personal postal matters" the first stipulation: "personally mailed goods, the customs import duties imposed by law, but for the amount of import tax in Renminbi50Yuan (including50Yuan) below, shall be exempt from customs." That is to say the amount of import tax of more than50Yuan, to tax, the amount of import tax=The dutiable valueXImport tariff rate. The standard rate you can query the Customs released "incoming passengers baggage and personal postal articles duty tariff table". Open shop at present the country has no explicit provisions, as long as the sale of goods does not conform to belong to the state banned or restricted imports, is the legal. Sina (micro-blog@Major case-Du Hongtao.

 

3194The company put forward, terminate the labor contract, the contract has not yet expired, on the same day the company notice let day turnover. The job is copy, salary before tax5000Element. However, in signing the contract companies to the blank contract, after the signing of the contract, two copies of the blank have gone. The company has to pay social security, but is paid in accordance with the minimum wage standard.2012Years8Month to company work, usually work six days a week class,2013Years5Months ago the wages of most salary amounts in accordance with the basic wage+Post salary, a very small part of the overtime wages entry list;2013Years6After months of wages, in accordance with the most amount of basic salary+This overtime list entries. Such cases according to law should be how much compensation? In addition to dismissal compensation, I have some other what right? How to safeguard the legitimate rights and I?

Answer:7.1If no other legal reasons companies inform employees leave in the labor contract before maturity, illegal discharge or termination of labor contracts, according to the "labor contract law" article forty-eighth, you can continue to carry out the labor contract, can also be ordered to pay compensation for each work a year to pay two months salary standard.

7.2Labor contract should be signed in two copies, the unit and the laborer the holders of a company, illegal behavior, you can complaint to the local labor security supervision department.

7.3Social security should be in accordance with the average social wage where you pay. If you think that social security does not pay the full, can complain to the labor supervision department or the labor dispute arbitration commission or the arbitration filed an application. Losses caused to you, the employer shall bear the liability for compensation.

7．4According to your description, your job should belong to the standard working hour system, namely the executive work every day not more than8Hours of work per week, no more than40Working hours. Standard working hours overtime execution is not three hours a day, does not exceed thirty-six hours per month. Statutory monthly average work day in China is20.83Day, in theory you can use20.83Multiply8Figures for you a month working time. And on this basis36As the law allows monthly working time (hours). If more than you can claim overtime before a. After an employer has illegal you can also complaints or report to the local labor security supervision department. Personal opinion is for reference only. (Wang Hongyi Sina micro-blog labor supervision@The earliest80After)

 

3195The lawyer, Hello, I have a question to ask you, after marriage husband to buy a house, the property permits to write his name of the father, after the divorce, I can divide? How to provide the evidence points to the house, thank you

Answer: first of all, suggested that the two sides negotiated settlement property.

Secondly, no consensus can be considered as follows:

First, according to the "property law" the relevant provisions of the people's Republic of China, you should go to the housing registration authorities to find out, the property register is registered name. If the registration is your husband a man's name, do not preclude it as the joint property of husband and wife in a divorce segmentation. If the registration is still your father's name, that according to the laws of China, the law of housing ownership of all your father-in-law, such property in the divorce difficult as common property division, of course, this also need to the local court identified.

Second, you don't have to explain why register your father-in-law's name, that I am not speculate. But if you can prove that the housing is by your husband to pay a mortgage, and at the same time can prove it to register your father-in-law is not grant to your father-in-law's meaning, according to the "property law" the relevant provisions of the people's Republic of China, so you can perform the following steps:1To the housing registration authority in the issuance of real estate certificates, not recorded in the realty register error for the correction registration matters.2If your father does not agree to the change of registration or registration error, that the lack of evidence, you can to the housing to apply for the registration administrative organ of registration, and in objection to the registration15Days after the court of law.3Be careful15Do not sue to the court within 15 days of the date, the dissidence registration failure.

Finally, the friendship reminder if you are not going to divorce, do not recommend go judicial way, with family communication is the best solution. (Huayu , Sina micro-blog@Bridge-Bridge)

 

3196, I am a college student, the winter vacation is coming, ready to Dahan vacation, a conduit company shall we pay200Yuan fare, sign labor agreement winter vacation work, I want to ask, they practice is legal, the intermediary has the right and we sign the contract? What should I do to keep my legal rights.

Answer: according to the "on the implementation of 'issues' labor law of the people's Republic of China views", students use spare time work study, not as employment, labor relationship has not been established, can not sign labor contract.

The winter vacation work provides students part-time labor services, belongs to the labor relations, is not affected by the "labor contract law" protection.

But after all, belong to the labor, labor protection department has the right to manage the enterprise. Therefore, for the students, in addition to the people's court proceedings, can also provide the report to labor censorial branch. Students looking for winter vacation work, the most important point to note is the best sign an agreement, the working time is what time to what time, what is the content of the work, what is my reward. The best that can put down on paper, a point if you need to pay various fees, time to pay, must ask the other side to give you a receipt issued, that is to say the other party received the money, and use the money to do what.

The so-called labor intermediary should have to pay for your news, not credible. If the unit is hiring intentions, have to sign a formal agreement, do not blindly do the work. Most importantly, you should learn to protect themselves against their own interests, meet people and units, must be the first time for their own rights. (Xie Yanping micro-blog Sina@Avenue ")

 

3197, I am a loader, is working for the boss of a private, no contract, the boss is what do not have evidence, when I give him loading truck fence the left middle finger clamp, broken bones, the first section cut a point, first I clip, my left hand pulling cart tied up, right hand push guardrails, has not paid attention to clip, when hospital treatment is used in the name of others, because the boss says that people who have insurance, medical expenses is the boss of the insurance, but it seems only medical insurance, so that the boss will give me compensation? This is me, thank you!

Answer:1Because of you, reflect the situation, so it is difficult to determine the existence of labor relations, inductrial injury is difficult. If you have existing evidence should be in labor relations, social security departments within one year accident for work-related injuries that (the employer did not pay industrial injury insurance, for you will not take the initiative to help you apply for the ascertainment of a work-related injury). Because the employer does not give you pay industrial injury insurance, so even if the ascertainment of a work-related injury, inductrial injury treatment you are borne by the employer.

　　2If not, to prove the existence of the labor relations, also can't enjoy work-related injuries and treatment of work-related injuries, the best according to the employment relationship for civil compensation. 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 eleventh: employee suffers from a personal injury when engaged in employment, the employer shall bear the liability for compensation. According to the "tort liability act"35The provisions of article, providing labor party due to service their damage, according to their respective fault shall bear the corresponding liability. So you and the employing unit, shall bear the liability for compensation according to the fault of your personal injury, compensation consultation fails, you can go to court. Specific compensation programs you can refer to "the Supreme People's Court on certain issues concerning the application of law in the trial of personal injury compensation case explanation" inside regulation, standard concrete calculation, including medical expenses, hospital food subsidies, nursing fees, fees, transportation fees, nutrition delay costs, if the identification of disability, according to the corresponding disability rating should also be compensation for disability compensation, disability AIDS charges, was dependent for living expenses.

　　3In other people's names, about your reimbursement for medical expenses, there may be a risk for social security. (Du Hongtao, Sina micro-blog@Major case-Du Hongtao.

 

3198, Hello, I'm2013Years5Month13Held at the beginning of a construction company site work,2013Years12Month12On site Project Manager to I didn't sign labor contract with the company for my dismissal, not that I'm unwilling to sign, because they own the employment contract, content is not normal, instead of labor contract, so I didn't sign, the salary has been finished. Excuse me, I like this situation for the odds big labor arbitration victory, require the company to pay double my salary. I have the recording evidence, payroll (one month), leave (Project Manager signature), dismissal letter (a project department chapter). If I ask for a lawyer to help me, attorney fees should be around much, say about it, hope reply, thank you!

Answer: between you and the construction company did not sign a written labor contract, but according to the existing evidence of your hands, to prove the existence of the fact labor relation between you, if you and construction companies unable to reach an agreement, then you can apply for labor arbitration. More labor arbitration cases in the mediation, both sides made some concessions, can promote the dispute resolved as soon as possible. As for the chances you, the individual parties are very concerned about, but I'm sorry, lawyers in this regard can not give you a satisfactory answer. How many lawyers fees, referring to the local guide prices, and specific law consultation. (Sun Zekang, Sina micro-blog@Sun Zekang.

 

3199Excuse me, my family in Suixi County, Zhanjiang City, Gan Zhen Yang, this home upstairs in a layer of building two layer, a total of about160Square, the local government asked me for money,5000So, do you have a legal basis

Answer: housing with the need to fulfill the corresponding examination and approval formalities in the local construction sector, without approval, or stamped, administrative law enforcement organs can be removed by illegal construction. Suggest that you consult your clear whether fee names, completing the formalities, can apply for the property permits, before deciding whether to pay. (Du Hongtao, Sina micro-blog@Major case-Du Hongtao.

 

3200There is a thief stealing, perennial house property, there is no evidence on the behavior we feel helpless. In the total rural powerful people in particular, like the thief is. He is a dear brother is a civil servantAShield, has always taken the attitude of their theft.2013Years12Month8We caught the thief stealing, want to alarm,AWe let the thief forced, does not allow us to alarm, said he to bear all the consequences. We are weak, but let the thief, the thief came back after midnight when the burglary tools stolen.ALater want to use two thousand yuan let me sealing, of course I do not want to, so many years for the thief to steal my caused economic losses connected to more than one hundred thousand. ThenATo avoid this thing, say that I want to alarm alarm, what can a thief is the.ANo one any argument. Now I have called the police, but was worried about the police will not register? WorryARetaliation, how should I protect myself?

Answer: after the alarm, such as police stations not on file, to the superior public security supervision departments to reflect, to file the report by the. Such as the Public Security Bureau omission, may apply to the procuratorate for case filing supervision, also can be to decide not to the public security organ for the application for reconsideration. For before the theft behavior, you can take the tape, the testimony of witnesses, obtain evidence, for possible later stealing behavior, you can install the camera equipment for stealing evidence, can also take other means to obtain evidence of theft, but once the occurrence of burglary, suggest you timely warning, to fix the evidence. Take revenge behavior as possible, you have the right to alarm processing, on the other hand, suggest that you pay attention to its own security, and to take some preventive measures. (Du Hongtao, Sina micro-blog@Major case-Du Hongtao; Lai peace, Sina micro-blog@My name no nickname)

 

3201My classmates, Hello, sister cheated to Dongguan to do marketing in this year8When the month was caught, then sent a detention notice home, didn't ask to get people also did not say what time trial, police station telephone also did not leave. Now fast four months, if the crime and trial of the ah, but now what information are not, how to do ah. For the answer, thank you.

Answer: the public security organs to the families to send notice of detention, to notify the family of the member for suspected crimes criminal detention, and not let you get a person not to inform you of the public security organ to the interrogation of suspects. The police detained, the longest only37Day, period must be completed to arrest procedures. If approved, the public security organs shall send notice to the family of arrest. Since time has in the past April, the public security organs suggest you actively contact the detention notice above inscribe, consult your family what in the end. As long as it does not involve the case, the public security organs will inform. (Lai Heping, my name is no nickname)

 

3202Hello! I worked at the company for ten months now, the company has not signed labor contracts, the company now want to fire me, also want to pressure me a year of commissions and bonuses, how can I protect my rights?

Answer: according to the information you provided, between you and your company's factual labor relationship, you can consider and company consultations, if no settlement can be reached, you can apply for labor arbitration, that the double wages. (Sun Zekang, Sina micro-blog@Sun Zekang.

 

3203At autopsy, Hello, costs and accident is traffic accident scene and test the accident vehicle fee pay by who?

Answer: traffic accident cases in the obligor to compensation is the responsibility of the accident, all the necessary loss caused by infringement shall be borne by the other party, including you said autopsy fee, accident appraisal fees, if the full responsibility for each other, should bear all the loss. Early is your own account, please keep the bill, to claim their rights. (Xie Yanping micro-blog Sina@Avenue ")

 

3204, Hello, I still want to ask, my father committed the crime of intentional injury, has been to the procuratorate that one step, now the family to our compensation for medical expenses, said compensate money can find someone to not pursue my dad's criminal responsibility, this may? They say they don't can be held? My dad didn't have violated the law?

Answer:1The public prosecution of criminal cases, is by the procuratorate to represent the state of the defendant may constitute a crime prosecution, judgments made by the court according to law. In the case of public prosecution procedure, whether to investigate not the criminal responsibility of the accused person or the suspect by the victim decides, it is decided by the judicial organs. Therefore, in your father's case, the families of the victims say lose money can not be investigated for criminal responsibility your dad is not possible.

   2In accordance with the criminal law, article277The provisions of article, caused by civil disputes cases of intentional injury, may be sentenced to the punishment of three years, defendants repent, obtain the forgiveness of the victims through compensation for the losses, such as an apology, victims voluntary conciliation, the parties may settle. Therefore, if your dad's case was caused by civil disputes, and caused only minor injuries to the victim, the penalty in accordance with the criminal law article277The provisions of article, you can through the victim's medical expenses and the victim reconciliation. In addition, the criminal law article279The provisions of article, to reach a settlement agreement cases, the procuratorate may recommend lenient penalties to the people's court, the people's court according to law, the lenient punishment; for minor crimes, without penalty, procuratorate can make the decision not to initiate a prosecution. Accordingly, if you and victims reached a settlement agreement, then your dad can get lenient punishment, even procuratorate not to prosecute.

   3For medical expenses, loss, the victim may bring criminal incidental civil action for compensation for your father, the court will sentence you dad compensation for medical expenses according to related losses. Therefore, compensation for the victim's economic loss is a legal obligation of your father, as soon as compensation for the victim's economic loss, is your dad get important sentencing lenient punishment. (Liu Jiandang lawyer, Sina micro-blog@On the trial of those things)

　　　

3205Excuse me, my friend, is always the police called to ask, can you please don't go?

Answer: if only oral notice or telephone notice, without any written documents such as friends, you have the right to refuse. Suggestions can ask specific matters on the phone, ask them to provide the relevant procedures, to see whether at home or in other places to ask. (Du Hongtao, Sina micro-blog@Major case-Du Hongtao.

 

3206Dad, I work outside, the boss of wage arrears a many month, he and co-workers only wait at the site, there are local reporters, government, but it has been delayed, no news! For help

Answer: recommend you father and workers can go to the local labor supervision departments, or to the local committee and other departments to require its urge developers, contractors to pay wages, if really can't solve, can apply for labor arbitration. Sina (micro-blog@Major case-Du Hongtao.

 

3207, Hello, I am a graduating student, according to the Xiamen local household registration management provisions, my account can be settled down to my unit community collective account, in accordance with the requirements, I'm ready all the materials, to the unit community to settle down, but the community has come up with all sorts of reason, said I can not handle either, but I understand that the community is in trouble, so I shall not give, what would the practice community and how can I complain they, may bring an administrative lawsuit, thank you.

Answer: according to the "Regulations" management of Xiamen household registration, if you meet in Xiamen a collective account of the conditions, the local community and the police should be handled collectively account for you, according to the provisions of article31A: "the public security organs and their staff in the household registration management, be forgetful of one's duties, breach of privilege, play favouritism and commit irregularities, shall be given an administrative sanction by the unit or higher authorities according to law. Constitute a crime, shall be investigated for criminal responsibility according to law." You have the right to appeal to the local office of the streets or the public security organ, if not solve, can bring an administrative lawsuit. (Du Hongtao, Sina micro-blog@Major case-Du Hongtao.

 

3208The company put forward, terminate the labor contract, the contract has not yet expired, on the same day the company notice let day turnover. The job is copy, salary before tax5000Element. However, in signing the contract companies to the blank contract, after the signing of the contract, two copies of the blank have gone. The company has to pay social security, but is paid in accordance with the minimum wage standard.2012Years8Month to company work, usually work six days a week class,2013Years5Months ago the wages of most salary amounts in accordance with the basic wage+Post salary, a very small part of the overtime wages entry list;2013Years6After months of wages, in accordance with the most amount of basic salary+This overtime list entries. Such cases according to law should be how much compensation? In addition to dismissal compensation, I have some other what right? How to safeguard the legitimate rights and I?

Answer:1.1If no other legal reasons, the company informed its employees leave in the labor contract before maturity, illegal discharge or termination of labor contracts, according to the "labor contract law" article forty-eighth, you can continue to carry out the labor contract, can also according to the requirements of each year to pay two months salary standard for payment.1.2The labor contract, should be in two copies, the unit and the laborer the holders of a company, illegal behavior, you can complaint to the local labor security supervision department.1.3, social security should be according to the average social wage where you pay. If you think that social security does not pay the full, can complain to the labor supervision department or the labor dispute arbitration commission or the arbitration filed an application. Losses caused to you, the employer shall bear the liability for compensation.1.4, according to your description, your job should belong to the standard working hour system, namely the executive work every day not more than8Hours of work per week, no more than40Working hours. Standard working hours overtime execution is not three hours a day, does not exceed thirty-six hours per month. Statutory monthly average work day in China is20.83Day, in theory you can use20.83Multiply8Figures for you a month working time. And on this basis36As the law allows monthly working time (hours). If more than you can claim overtime before a. After an employer has illegal you can also complaints or report to the local labor security supervision department. Personal opinion is for reference only. (Wang Hongyi Sina micro-blog labor supervision@The earliest80After)

 

Ask:

Turnover has filled out a job over the table to the company, but the company did not give me fire proof books, also does not have the dismissal reason reasonable,16No. let me go, this is what you?

Answer: should not be issued to you to terminate the labor contract that, without this proof, your social security transfer will be affected, there is no way for you to enjoy unemployment insurance. You want to make the proof issued by its unit claims, reasons and truthfully termination of labor relations in the proof. If the unit without the certificate, you can complaint to the local labor security supervision department. (Wang Hongyi Sina micro-blog labor supervision@The earliest80After)

 

 

 

 

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

(Disclaimer: to provide this platform solution according to advisory information, on behalf of the respondents personal point of view, for advisory reference)

 

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:

 

3166, Hello, I have a question to consult, inductrial injury caused by third person tort, due to work injury insurance, income does not reduce. Can seek compensation for lost wages?

Answer: the lost income refers to the infringed party suffered from injury to heal completely during this period (time delay), can not engage in normal work actually reduced income. From the information you provided, not too sure what you mean income does not reduce the mean wage, allowance is related to the normal work of the income. But the delay costs is by their employers to pay monthly, not only because of the presence of industrial injury insurance and exempt employers delays to pay a monthly fee of responsibility. From your information, led by third person tort injury, if not enough to make up for your loss, you can also address to the third party tort damages. (Sun Weijie micro-blog Sina@In the pursuit of the road-Fa Meng.

 

3167Hello, would like to ask a friend of women and men bought for a house the names of two people is the husband outside borrowed usury cannot repay if the other legal way to go court will collect the house forced auction? The man that would involve the woman?

Answer: usury belongs to the folk loan, the interest of more than bank lending rates over the same period4Fold part is not receive legal protection. If the prosecution to the court, the man lost and unable to repay, the house facing the possibility by the court auction execution. Because you are the houses there, in the court before the auction, the court is obliged to inform you to participate in the auction, and under the same conditions you have the preemptive right. (Lai peace, Sina micro-blog@My name no nickname)

 

3168, Hello, I would like to ask the loan contract signed with the mortgage and the mortgage registration, the loan has not expired, but the court received notice of the collateral property due to the mortgagor has other disputes have been auction, auction sales in the court, the court claimed to have express to the mortgagee but the mortgagee shall not sign, now auction sales than the loan amount is less, what's the mortgagee what measures should be taken, in trouble.

Answer: according to "the Supreme People's Court on the issue of the people's courts Several Provisions" of article91A, "to participate in the specific distribution of debtor's property, shall be made by the first seizure, seizure, freezing of the court conducted. The implementation of measures of attachment, seizure, freezing the first court adopted such as system for the implementation of property preservation, the specific distribution shall be carried out in the end the trial of the case". Article93, "the court attachment, seizure or freezing of property have priority, security interests, may apply to participate in the distribution program, claim priority". You can keep the relevant mortgage evidence to the court, request priority, the insufficient part require the borrower to pay. Sina (micro-blog@Major case-Du Hongtao.

 

3169To help a friend, consult a problem one of my friends, a few days ago was called back to home; others to introduce a, so give people the betrothal gifts14Million to marry, said after the Spring Festival, after the girl told me that a friend, she won't marry him, she has a boyfriend, just come back to walk, my friend now worry that if you do not get married, his about one hundred thousand Is it right? Lost, can you from a legal point of view, it is the return of betrothal gifts, if do not return can be protected by law! Thank you.

Answer: the marriage betrothal gifts is a ritual of both sides, customs. In essence is a kind of conditional grant acts, the condition attached is the establishment marital relationship. According to the Supreme People's Court on certain issues in the application of "marriage law of the PRC" explanation(Two)Tenth the provisions of paragraph 1: "the parties to request the return of the betrothal gifts custom payment, if identified as belonging to the following situations, the people's court shall support:"(A)The two sides did not apply for marriage registration formalities.... From what you said information, if your friend with the girl did not apply for marriage registration, your friends can claim restitution of betrothal gifts. (Sun Weijie micro-blog Sina@In the pursuit of the road-Fa Meng.

 

3170, Hello, I am Beijing Fengtai District five shop in North District village, the zero six year of marriage began demolition house. At that time had three sets of two bedroom apartment, then have a child, zero eight years children number of square meters and more than fifteen bought a one bedroom. Zero eight years ago my ex husband to fight in prison, father-in-law to one room secretly sold, I and the children to him to borrow money to live, I sue household division, ex husband did not come back not court said. Zero nine years of husband out of jail, father-in-law the sell a house money to her ex husband, also don't go home, I'll sue divorce. The divorce was not the division of property, let be prosecuted. I sue, the court said the lack of evidence, and four secondary transfer letter to evidence, only to the demolition resettlement contract. Legal consultant for Demolition Company told me the contract wrote me and my daughter's name, is the proof we have, other had not opened to prove, but the contract tenth said to Banfangchanzheng, also cannot separate proof. Up to now is also the form of contract, not the property permits. Residential use right can I have a house? What time can take ownership. Thank you, for your reply.

Answer: according to the Supreme People's Court on certain issues in the application of "marriage law of the PRC" explanation(Three)Article5Provisions, one of the spouses in the marriage of personal property gains, except fruits and natural value, should be identified as the joint property of husband and wife. If removal property belongs to your ex husband before marriage is all, after the removal of the property shall generally be your ex husband all, which remains the personal property, but if taken into account demographic factors, for increased due to consider your personal housing area, should be the joint property of husband and wife; for your daughter a few metres, plus on the15The housing million yuan to buy, the15Million if you pay with her ex husband, should be the joint property of husband and wife, may require the segmentation. You for the demolition because your accounts such as the increase in the size of, and be paid15Million buyers have the right to request as the joint property of husband and wife segmentation. If the demolition of property after marriage property, should be the joint property of husband and wife, was taken after the income housing should be the joint property of husband and wife, you have the right to get half. Sina (micro-blog@Major case-Du Hongtao.

 

3171Hello, Mr. Xu, I am a Guangdong University of Foreign Studies study of forensic linguistics, sorry to bother you. I have a question to ask you, do you understand the legal translation errors caused by the contract dispute case? Or contract which part of translation errors, the most easily trigger disputes? Thank you.

Answer: translation belongs to the category of labor contract, the performance of the contract should be your accurate real-time and efficient to provide translation services. It should be said that there is the possibility of a dispute in the whole process to provide translation services, but through consultation by both parties, should be able to resolve contradictions. But the major matters of translation because of your translation is not accurate or deliberately false translation in the translation process, should bear the legal responsibility, at the same time to learn in the process of translation of commercial secrets, you shall have a duty of confidentiality. (Lai peace, Sina micro-blog@My name no nickname)

 

3172First of all, Hello, thank you to provide free advisory services for those of us ordinary people, I want to consult today is this: my relatives is a private contractor, some time ago when helping a family to do the demolition, a worker accidentally from2Crashes, causing severe lower limb fracture, is now in the hospital, my relatives (Bao Gongtou) has been paid5Million in medical expenses, the doctor said conservative estimates it will5To6Million, this to my relatives such a small labor contractor is very difficult, I would like to ask: who should bear the corresponding responsibility? The landlord to have the responsibility to pay medical expenses?

Answer:1On your relatives, such loss of sympathy, but for the this is a pain, the proposed active money to treat the wounded; if there is no money, can let your relatives to the families of the victims suggests looking for the landlord to part of the medical expenses.

2In general, housing demolition, needs to have the corresponding qualifications, if the landlord knew you relatives without the corresponding formalities and employ them, should bear some responsibility. If a worker in the labor they are at fault, should also bear some responsibility. As for the landlord, workers, your relative responsibility size can be negotiated. (Sina@Major case-Luo Qiang.

 

3173I was a girl, it is together with him, knew he had a family, he wants a divorce. I don't let the experience of many years, then we have a daughter of five years old, he told me he wanted a divorce to and the other for a child, children, marriage also not from! We split up, I'm anxious to give the child a family hurried to find a friend results, married two months away! I am a person with children is very difficult, we ask him for help, he gave us the house rent, settle our, I for the children came together! He was in Zhengzhou, my home town, occasionally come back I also feel satisfied, I also look for a job, see my life better, he has always suspected me outside, he will go with our mother and daughter out of rental house and I also he gave us the living expenses, I am helpless! I and he didn't name he didn't give us much money, come back and I have living expenses for him, I think! I want to sue him for child support and my spirit damages and youth fee, and a lump sum! Will this be?

Answer:1You have to face, the sympathy; but you have marital relations in the case of others, and others still living the condemned, suggest you dissolve cohabitation relationship with him and agreed to your child support problem and economic problem, start their own lives.

2For you, that child request support is subject to legal protection and support, for mental injury solatium and you say green loss cost, this will not be supported.

3If the consultation, the possibility to obtain a better solution results; if not, we suggest to resolve through litigation. (Sina@Major case-Luo Qiang.

 

3174I would like to consult, social insurance is limited by limitation of action? If the dispute after about the social security fee is not the limitation of action or apply for arbitration in accordance with the labor dispute processing time for a year?

Answer: draw from your problems of information should be social security tax demand units compensation. If you filed for arbitration to the Arbitration Commission for overdue social security fees, Arbitration Commission shall not accept to pay the social security fee is not accepted on the range, because of overdue social security fee does not belong to the social insurance benefits. You can claim by changing the request for arbitration, "employers do not pay social security cause laborer loss" for application to the arbitration commission. Generally speaking, arbitration time period from the party knows or should know their rights have been violated one year of the date of. (Sun Weijie micro-blog Sina@In the pursuit of the road-Fa Meng.

 

3175The child support payments, according to what criteria to calculate? Once let him pay? My daughter had inherited his property rights? I want to initiate a public prosecution where the Department?

Answer:1Children, nurturing fee amount, fixed income, nurturing fee generally according to the total monthly income of twenty percent to thirty the proportion of payment. The burden of more than two children upbringing, the proportion may be appropriate to increase, but generally not more than fifty percent of total monthly income. No fixed income, raising fees on the basis of the average income in total income or the same industry, determined with reference to the proportion. There are special circumstances, may be appropriate to increase or decrease the proportion.

2In general, practice, according to the local (provincial) per capita consumption expenditure of rural residents and urban residents per capita living expenditure calculation alimony, each party shall bear the expenses in half.

3, to a payment, but requires consultation between the two sides. Calculation above multiplied by a child to18Years the number of years.

4Children, to inherit his property rights.

5If not, negotiation, to the court. (Luo Qiang, Sina micro-blog@Major case-Luo Qiang.

 

3176The original housing units, and indeed he was the original real before marriage, but after the removal of subsidies according to the population number of square meters. Now I have divorced. Problem a: I might go back to her share of the house? Is it right? According to grant price3550Element/Square meters to give him money. And the added one hundred and fifty thousand marriage is to us to borrow, ex husband has also, I will assume half? Second: Is it right? Can be identified according to the original housing redistribution has given the house, no longer out3550Element/Square meters of money? After the removal of no separation, we number of square meters are rubbed together, a total of nine individuals, can I want all the house 2/9, to advocate a house? Third: how much to sell the one room? As one Demolition Company told me that only the demolition contract, all the houses are married, I and the children to 2/9 on the line, this is a legal basis? Thanks a lot.

Answer: the marriage because of your account units increased number of square meters belonging to the joint property of husband and wife, that is 1/9, you can get half, a house in the area of more than you should share the number of square meters, it should be from her ex husband compensation; if the child custody of you, you have the right to request the number of square meters to children you. The15Million belonging to the joint property of husband and wife, the set of real estate acquisition in the marital relationship continues to exist, it should belong to the common property, your father-in-law is the housing will be sold to the general income limit should be you. In addition, according to the "marriage law" article42Article: "at the time of divorce, if one party has difficulties in life, the other party shall render appropriate assistance to its housing and other personal property. The specific measures for the agreement by both parties; if they fail to reach an agreement, the people's court ruling "you can life difficult for man to you, for a set of housing. As for the demolition of houses belonging to the marriage of their property, and no such provisions of law. Sina (micro-blog@Major case-Du Hongtao.

 

3177Hello, lawyer!Procuratorate accused me of dividing the state-owned assets, I think the evidence is insufficient:A I don't understand the nature and sources of funds, has no subjective intent. Two the money should have what sector identification and determination of state owned assets?Thank you!

Answer:1, it is recommended to consult a professional lawyer.

2The subjective intent, you how, due to lack of materials, not speculation.

3Any acts of nature, are identified as quasi judicial organs. Because only the court has the jurisdiction. (Tian Chentong, Sina micro-blog@Tian Chentong_We should always remind ourselves)

 

3178Hello, Mr. Xu! I am a divorced woman, in four years ago after a friend introduced, to know my son's father. When he is nothing, still owe a debt, and with a daughter. Only is his thoughtful and careful touched me, let me deeply in love with him. Did not think this is his disguise, when he was two and living with me at the same time, he is actually in the visual target next. But I don't know, still hell-bent pay for him, I go to work, he went to sleep at home or play mahjong, has been eight months. He later in a tourism company to apply for, when a manager. Also at this time, I was pregnant with a son, I urged him to get a marriage certificate and birth certificate, he would always make an ambiguous statement, I think he is really busy didn't care. Who knows when I was five months pregnant, I suddenly received a text message, learned that he had been in marriage and others. I suddenly Mongolia, and can't eat, sleep is not good, resulting in malnutrition, caused the son of preterm birth. More than 80000 to spend in the hospital, he is not a penny out of, and I also took twenty thousand pieces of money to help him pay, before you didn't know I owed. For the son of an intact family, I forgive him, the woman also told him off. Didn't expect just a few days ago, he had found another nine years younger than my woman, and back home, just be I caught. Angrily, I ate forty sleeping pills, not only did he send me to the hospital, and even the hospital phone didn't play, let me emerge of itself and perish of itself. The evening of the second day, but I myself just woke up, but my heart is completely dead. I don't want to continue like this, but I have too many can not be reconciled and the son of fear. I want to ask you, if I and he passed a law to terminate the relationship, (we didn't get a marriage license) can get his compensation and return to what he owed me money? I have him play ious two Zhang, a ten thousand is borrowed from my friends, but I have also money. One is to call my twenty thousand. Most importantly, he still nothing, and foreign debts more, son didn't account, do you think I should do?

Answer: according to the law of our country, you and your child's father is not married, and have no legal relationship between husband and wife, can only be regarded as cohabitation, so you do not need to lift the relationship through the legal way, you are to be in accordance with the division of property in the partnership relationship, because he did not work and indebted, you can directly. As for you and his creditor debtor relationship, because you have him write less, if we can find some other evidence, such as the testimony of a witness or dialogue your record, to prosecute him should not be a problem.

    In addition, about your son falls account problem, although China's "marriage law" provisions of the illegitimate children and children born in wedlock enjoy the same rights, but in practice all over the country is not a. So, I suggest you go to the local police, neighborhood or village committee advisory clear, generally need to pay a fine or social maintenance fee. There is a very important point, although you and the father of the child and not married, but he still has the obligation to support your son, that is to say, you can sue him to pay child support. A word of advice, Dutch act will only give you a son and the other from someone who cares about you bring an indelible wounds, for your son and his live well requires more courage. (Cai Qianwen, Sina micro-blog@The Diamondback_Silver)

 

3179, Hello, I am a Sichuan Xihua University students, to ask the legal problems I came across recently.This summer I and more than a dozen students friends through a mechanism called beautiful journey paid internship program (the school recommended) to USA internship, working in a Mai Don Laurie.The original contract clearly written McDonald's must be provided to our working hours per week for at least thirty hours, but the actual situation is our first week didn't work, second weeks only 10 hours, the middle work time is only thirty hours a week, especially in the last two weeks, each week only ten or twenty hours, average thirty hours time must not.Back to our early October.We met a lot of problems in that time, McDonald's working environment is bad, the body not what, but the mental torture, work very unhappy.The journey of the intermediary are almost ignored us.Later we found that they had a good discussion, they took us to the American practice guise, frumpy, experience the local local customs and practices of our labor at the local, they years ago began to such collusion, this is not, this year they began to recruit.The original McDonald's agent will come to our school to recruit, but may be because all of us come to some participants said the US, a boycott, McDonald's agency personnel not to our school, but turned to the other provinces and cities schools recruit.But, this will have a number of people have bad luck, but beautiful journey and similar McDonald's company still can collude to press China, especially as we students.Therefore, I ask you what laws to limit these slaves to money behavior?

Answer: according to the information you provide, I didn't know you signed with the agency contract belongs to what nature, is training, short-term labor output, or foreign-related tourism? Provide2Suggestions.1First, you need to understand the nature of the agency. You have to query the mechanism of information on the Internet, of course, is the most accurate to the registration of industrial and commercial bureau query business license the agency registered address, business scope, confirm that the agency is labor input, learning, foreign exchange of foreign travel and other qualifications. And the covert labor export its alleged ", training, travel contract fraud problems" to the registration of the business sector complaints, report. Secondly.2The school, you have to figure out what role in this incident. You mentioned the paid internship project in this problem are recommended to the school, you should make clear the school is the Xihua University or a school or is it your teacher recommendation, then know if are recommended to the school, school whether there is cooperation with the project, if it is a school teacher recommendation, so the teacher may have interest relations with the agency, also suspected of fraud for personal behavior, you can report to the school teacher. In practice you can to the law department of the school teacher ask (Xihua, six teaching building6A). (Luo Xingkun, Sina micro-blog@Major case-Luo Xingkun.

 

3180We are all, in the decoration company (Contractor) ground decoration live, also is the construction team foreman called my husband, the construction process of an eye injury, caused by eyelid and eyeball rupture, because in the process of construction crack blade fly enucleation, belonging to the five level disability, I want to know how to Party A(Trading Company)Party B (decoration companies), ask for compensation? If the claim amount is probably how many? The contract is signed and b... Thank you

Answer: first, Party A and Party B signed contract is a contract. "Personal injury compensate explanation" article10Provisions, the contractor could cause damage to the third people in the completion of work in process or cause itself against the hirer shall not bear the responsibility for compensation. But the hirer to custom, instructions, or selection of any negligence, shall bear the corresponding compensation liability. Party A (trading company) for people to decide, not to the Party of the first part (trading company) a claim.

Second, look at your labor relations. You is the employment relationship and labor relations and labor contractor.AIf is the employment relationship, according to the compensation for personal injury compensation, compensation for the project in general are: medical expenses, the hospital food, nutritional costs, delay costs, the costs, disability compensation (see the "personal injury, road traffic accident compensation standards")BIf labor relations, the application of inductrial injury, work-related injuries and occupation disease disability identification, for compensation in accordance with the regulations of work-related injury insurance (see the "Regulations" the compensation for work-related injury insurance)

Third, the decoration company need not require compensation is the main contractor and Party B sign what kind of contract, see the wage labor contractor or a decoration company, is to define your husband and decoration companies Is it right? Employment relationship. It is based on the compensation for personal injury. In addition, the contractor is required to have the qualification of the contractor, if not qualified, decoration companies to work for an unqualified contractors, also need to undertake certain responsibility.

Finally, the specific amount of compensation, the provisions of the cardinal difference calculated are also different, in accordance with the labor relations calculate inductrial injury, according to the employment relationship is the personal injury compensation. (Wang Dongxu, Sina micro-blog@One flew over the cuckoo) fish

 

3181Again, Hello, excuse me, always pay attention to you in the Micro message and micro-blog, thank you for your selfless justice, I ask I is Jiangxi Shangrao people, I love my pregnant a few years ago, because the outside work, will not come and receive a marriage certificate, birth certificate. So the birth of a child three or four months to go to receive a marriage certificate, I now the local children on account of me to go to the police station told me, proof of the village, and the village in all kind of excuses to delay. Now the children two years of age. I would like my situation is made meter method which? How to deal with? Then, how to process to account. Semyon Semyon Semyon Semyon Semyon Semyon Semyon Semyon

Answer: meet the conditions for marriage but not to apply for marriage registration shall be pregnant the first child, in children born before the re registration of marriage and birth certificate. And you belong to the situation out of wedlock birth, need to provide family planning departments in accordance with local pay social maintenance fees, payment standards in each place, not a specific situation, suggest that you consult your local health department. And then by the health department of the punishment decision, to pay the social maintenance fee receipt and birth certificate to the man or the woman's residence to the local police station for processing into people's homes. (Zhang Wulin, Sina micro-blog@Zhang Xiaozong five kernel filling)

 

3182, Hello, consult a problem?If you are unable to transfer the purchase, contract notarized, handled by the way, and the seller suddenly economic disputes, leading to the real estate mortgage. What to do?Buy a house is the first creditors?

Answer:1The contract just a certain antagonism, but after all, no transfer, instead of moving to property mortgage registration in force, at present, now your house not transfer, but also because there may not be able to handle the transfer of mortgage, you can only claim the creditor's right to the seller, demand it to bear the liability for breach of contract. (Lei Wenxia, Sina micro-blog@Major case-Lei Wenxia.

 

3183Hello, I want to consult, a shantytown housing legal problems, my city is Hebei Tangshan, I lived in the year two sets of public houses by, when a flower2000Buy back, that is4000Buy more, now the reform policy is based on household population, is not reasonable, not according to the square, some families have a house, the sons and daughters of the accounts are not signed out, so a lot of sets, and our little family, the house is also very small. He said I had money to buy a house, plus0.17A point of interest. Two sets of houses have no land permits only the house property card, what should I do to safeguard their own interests?

Answer: the following discusses only the State Council regulations. The local regulations and rules proposed in the self retrieval directly after consulting the authorities, in order to accurately.

A, you deserve compensation.

1.1  The amount of compensation.

According to the "state-owned land on the housing levy and Compensation Ordinance" article17, "make the people's government at the county level city housing levy, to be imposed on the decision of compensation include: (a) the value of housing expropriation compensation; (two) because of a housing resulting from the relocation, temporary resettlement compensation; (three) because of a housing caused by the shutdown stop industry loss compensation. City, county government subsidies and incentives should be developed, to give subsidies and incentives to the owners." According to Article19.1, "the value of housing expropriation compensation, shall not be less than the housing levy decision of the announcement of the houses to be expropriated the market price of similar real estate. The value of the houses to be expropriated, the corresponding quality of the price of real estate assessment agencies in accordance with the housing tax assessment to determine to evaluation."

Upon retrieval, compensation for the small property right room without land certificate may have land card room is not wrong, but if Tangshan otherwise specified, and ultimately to the right authorities identified as the quasi.

1.2  The form of compensation.

According to Article21One, the "expropriation can choose monetary compensation, also can choose housing property exchange. To be imposed on the choice of house property rights exchange, city, county people's governments shall provide for the property housing units, and calculation, and be imposed on the settlement of the houses to be expropriated for the property right exchange value and value of housing price. Because of the old city reconstruction levy personal housing, to be imposed on the choice of housing property exchange in the rebuilt area, make the people's government at the county level city, housing levy decision shall provide reconstruction lots or lots of nearby buildings."

So, you deserve the price difference. "Buy a house with the money0.17A point of interest "clearly should only be a part of compensation.

Two, you should fulfill the obligation.

According to Article25.2, "compensation agreement, if one party fails to perform the compensation agreement obligations, the other party may bring a lawsuit according to law." According to Article28, "expropriation does not apply for administrative reconsideration within the statutory time limit or not to initiate administrative proceedings, the decision on compensation within the prescribed time limit and do not move, made the people's government at the county level city, the housing levy decision shall apply to the people's court for compulsory execution."

Such as the compensation agreement has been reached, you should according to the agreement to help move; if not assist relocation and does not apply for administrative remedy, the government may apply to the court for compulsory removal. (Tian Chentong, Sina micro-blog@Tian Chentong_We should always remind ourselves)

 

3184,12Month12First, I drive a car from west to East in normal driving, the other bikes don't see route south to north, I stepped on the brakes too late, crashed together. I have the driving recorder, when I had finished crossing all motionless, the man from the side population back out, this is my responsibility?

Answer: traffic accidents, who pay responsibility this is mainly to see everyone in the accident fault and set, and every province should have the relevant provisions of their own "Road Safety Act" responsibility, for example in our province (Yunnan),

 Motor vehicle and non motor vehicle drivers, pedestrians between traffic accidents caused casualties, property losses more than compulsory insurance liability limits, the motor vehicle shall bear the responsibility of traffic accident, liability by it in accordance with the following provisions:

(a) take full responsibility, bear100%;

(two) primary responsibility, bear80%;

(three) bear equal responsibility, bear60%;

(four) negative secondary responsibility, bear40%.

The motor vehicle shall have no traffic accident responsibility, bear no more than10% of responsibility.

Non motor vehicle drivers, pedestrians and in the stationary state of motor vehicle traffic accidents, the motor vehicle shall no traffic accident responsibility does not assume liability to pay compensation.

So, I suggest you first to find the relevant provisions about liability for your provinces, then according to the driving recorder provides recording to the traffic police, the division of their respective responsibilities, the responsibility of certificate issued by the traffic accident, through the relevant compensation. (Li Zhixin, Sina micro-blog@Shy Oriole)

 

3185, Hello, I was in Shanghai. The thing is, I'm a maternal child just born with hypoxic condition and immediately sent to hospital for children do check that pneumonia brain edema. I think I do production inspection of the hospital have certain responsibilities but not sure this is medical accident? I first measured blood sugar in check during the show a little high blood sugar, the doctor let me review,30Weeks check is still high but the doctor did not make any measures, when I arrived40The week when I asked the doctor I need Caesarean birth give birth to the child? The doctor said it does not matter how outdated not, when I40+6When I went to the hospital to another doctor say why you haven't entered the hospital, your blood sugar level is so high, plus ultra for so long is amniotic fluid turbidity, that they had arranged to go in, but that no beds, until second days and then go in, third days in the Caesarean birth, the child was born hypoxia

Answer: you found that high blood sugar in check, related matters general hospitals should remind you note. As for your birth after9Caesarean birth day led to the baby pneumonia and brain edema, does the hospital have a responsibility, need to see whether or not in violation of medical practice process to determine the medical measures in examination and in hospital. If you think there is responsibility of the hospital, medical records, medical records, can collect relevant documents, check the payment documents to the competent department of health of local application such as the medical accident identification, according to the decision of the safeguard measures of the identification results. (Du Hongtao, Sina micro-blog@Major case-Du Hongtao.

 

3186Hello, my name is dragon, named Tan Jiao, female, has the following things to consult your company! Yes, I am2006Years of divorce, then gave birth to a son, and agreement of forty thousand yuan as the maintenance of the child, but my ex husband has not to support me, but changed to ious forms, excuse me this case I want to sue he may recover back child support? In what way can solve the most quickly? Thank you, looking forward to your reply help

Answer: first of all, should consider both parties pay alimony.

If no agreement can be considered as the following:

First, you say what time write down ious? Pay attention to write ious date is not full two years ago? If not full can be based on the relationship between debt IOUs to prosecute.

Second, if you write ious date now has two full years, you can according to the divorce agreement to pay child support fees to prosecute the legal relationship, required to pay alimony. Or you can directly press second point charges.

Third, whether to pay alimony agreement ious forms do not influence you to ask for forty thousand yuan. (Lou Juan, Sina micro-blog@Loujuan620Hua Yu, Sina micro-blog:@Bridge-Bridge)

 

3187The original manager, property companies received coal arrears telephone replaced years looking at all whether constitutes the crime of fraud?

Answer: fraud, refers to the illegal possession for the purpose, with the method of fictitious facts or conceal the truth, for the larger public and private property act. Identification of this crime should pay attention to the following problems in judicial practice:

1, imposed by the act of fraud, the crime is the key. Fraud refers to the behavior of people, by telling the truth of fact or fiction, the victim for gospel truth, "automatic" the wealth to human behavior. Here we should pay attention to three points:

(1) cheat form mainly has two kinds: one kind is the fictional facts, the perpetrator deliberately does not exist objective fact, diddle victim trust; the other is to conceal the truth, that is behavior person conceal objectively existing facts, make the mistake of the victim;

　　2.The result is that the victims of fraud in the wrong understanding for gospel truth;

　　3.The behavior person acquires property is the property disposition and make the victim because of the wrong understanding based on. The disposal of property is usually directly to the goods delivery people, can also be abandoned or commitment of people obtaining property etc..

2, constitute a crime to conduct swindle large amounts of public or private property of others as a necessary condition. According to the relevant judicial interpretations, the amount of fraud to defraud property amount is larger, the value of2000Yuan as a starting point.

3This crime can only be formed by natural persons. Suggest you according to the actual situation, alarm processing. (Liang Peimin , sina micro-blog:@Pei min Pei min)

 

3188Travel experience, "Li Tian"(The picture content for all cases after and part of the evidence, but the police not to put on record, report and no receipt, not to put on record does not give the receipt, suspected police collusion of local tyrant,Right without the door: as the central rate of group enterprise middle-level cadres, because this report, affected the interests of the company, be demoted, companies in various ways of trying to push me away). Cases occurred in Guangdong Province, Zhongshan Torch Development Zone, Dongcheng police station area, my permanent Guangzhou, company for the central enterprises in three companies, I in the last Friday was demoted before the Department Manager of Guangzhou office, now subject to internal and external injury, seek assistance.

Answer:1．1Criminal: the remedy for not filing the case to the Public Security Bureau, including to apply for administrative reconsideration or to the prosecutor's.

According to the criminal procedure law article110, "the people's court, the people's Procuratorate or the public security organ to report to the police report, Sue, and surrender the material, should be in accordance with the scope of jurisdiction, promptly examine, believes that there are facts of a crime and criminal responsibility, it shall file a case;Don't think the facts of the crime or the crime, obviously minor, need not when, be investigated for criminal responsibility shall not put on record, and shall notify the complainant reasons for not filing the case. If the accuser disaffected, can apply for reconsideration."

According to the criminal procedure law article111The people's Procuratorate think, "the public security organs should be the case on file for investigation and not placed on file for investigation, or the public security organs shall think of the case on file for investigation and not placed on file for investigation, submitted to the people's Procuratorate, the people's Procuratorate shall request the public security organs that do not file a reason. The people's Procuratorate considers that the reasons for not filing the case in public security organs can not be established, it shall notify the public security organs, the public security organ shall file the case after receiving the notice."

1.2  Civil: claims to the infringer.

You may apply to the court civil court appeal of compensation for tort damage. On the basis of law including but not limited to tort liability law article2,6Article.

1.3  Labor: apply for labor arbitration, lawsuit.

Unit downgrade not reasonable. In addition to the "labor law" "labor contract law", also can according to Dongguan local regulations, rules and regulations of state-owned units. (Tian Chentong, Sina micro-blog@Tian Chentong_We should always remind ourselves)

 

3189I work in Nanyang City, Henan Province, the boss ran cannot find a person, we go to the labor bureau said that three months later transferred to the court processing. What should we do?

Answer: according to your description, the labor security supervision departments may have on the units concerned to make administrative processing, three months as legal proceedings, after the expiration of the entity refuses to bring a lawsuit is not fulfilled, the labor supervision departments will be transferred to the court for compulsory execution, verify that you can to specific handling the case personnel, if this is the case, please wait patiently. Wang Hongyi (labor supervision,Sina micro-blog@The earliest80After)

 

3190Hello! I want to ask, my village election coming up, Xiaoshan District regulations cannot leaflets propaganda, also cannot send bearing the name of the small card, do they have the right to do so? Thank you.

Answer:3．1      Leaflets, card violation: according to the "constitution" article34, "the people's Republic of China citizens aged eighteen years...... Have the right to vote and to be elected". According to the "Notice of the Ministry of Civil Affairs on the election of villagers' committees' 'for the (Minfa (2013)76The fifth chapter number) "," election of villagers committee shall organize the candidate and the villagers meet, introduces their envisioned by the candidates answer questions, the villagers. Electoral competition and supervision shall be presided over by the electoral committee, open, fair, impartial. Election of villagers committee shall on electoral competition of candidate materials for audit checks." The election committee shall perform the obligation to organize elections competition, fulfill the obligations of unauthorized flyers, business cards and the public law restrictions, "law unauthorized is prohibited", the behavior that limit your constitutional rights.

3．2You remedy: according to the "General Office of the CPC Central Committee, office of the State Council issued" notice on strengthening and improving the election of villagers committee ", to give full play to the supervisory role of Party committee, people's Congress, the government and its functional departments, combined with practical, give play to the supervisory role of villagers, the villagers election committee for the whole process of election. We should actively explore the supervision of public opinion and all levels of the party, NPC deputies, CPPCC members as election monitors and other forms, to strengthen the supervision of the election work of social strength." The election committee is not a government department, can not bring an administrative lawsuit, administrative reconsideration, administrative remedy, but to the multiple feedback. For example~Hair micro-blog~

3．3On the other, flyers, business cards in the National People's Congress election is legitimate. According to the "National People's Congress of the people's Republic of China and the local people's Congress election law2010Correction)"Article33The president, "the election committee or the people's Congress delegation shall be submitted to the voters or deputies on the candidates. Recommend candidates of political parties, people's organizations and voters, representatives can introduce the candidates for deputies recommended conditions at group meetings of voters or deputies. The election committee shall organize the required by the voters, the candidates and voters to meet, introduce my situation by the candidates, to answer the questions of the voters. However, on election day must stop the candidate's introduction." (Tian Chentong, Sina micro-blog@Tian Chentong_We should always remind ourselves)

 

3191During the period of school, students can apply for transfer of residence? I am big four, big one time has not moved, and now would like to move, do not know can?

Answer: students account transfer formalities is admission school admission notice and take residence booklet to declare the seat of the police station to move out of registration, the review after review by the local account migration certificate issued. And write off of the original residence. Then the school admission registration, submit the account migration certificate and notice of admission to the school account management registration authority, audited in accordance with the provisions of the school account management, registration shall be in charge of the collective household registration. You have big four schools should not accept you moved into account for. In addition, the relevant policy recommendations to the school during the registration center in school management to the public security departments can transfer accounts. (Guo Xiaojing micro-blog Sina@1990bossDu Hongtao micro-blog Sina@Major case-Du Hongtao.

 

3192, Hello, I would like to ask, one case had two chamber, and through the third party of administrative organs reached a settlement, handed over before the8000The litigation fee, now that the litigation costs and attorneys fees should be how to calculate? Especially the lawyer did not participate in the subsequent mediation.

Answer: the mediation is not easy, in accordance with the agency agreement to pay. The lawyer fees can be negotiated, did not participate, as appropriate, the lawyer will return part. Zhou Xudong Sina micro-blog@1990boss)

 

3193Study in Australia, i. I will study abroad for purchasing. Open a shop. The general is patted the goods. Then I bought later mailed home. I do not know this is illegal or criminal? Purchase of goods. A single include I earn no more than2200. How is illegal?

Answer: the overseas purchasing may be the main legal problems existing tariff issue, according to the "on the adjustment of import and export management measures personal postal matters" the first stipulation: "personally mailed goods, the customs import duties imposed by law, but for the amount of import tax in Renminbi50Yuan (including50Yuan) below, shall be exempt from customs." That is to say the amount of import tax of more than50Yuan, to tax, the amount of import tax=The dutiable valueXImport tariff rate. The standard rate you can query the Customs released "incoming passengers baggage and personal postal articles duty tariff table". Open shop at present the country has no explicit provisions, as long as the sale of goods does not conform to belong to the state banned or restricted imports, is the legal. Sina (micro-blog@Major case-Du Hongtao.

 

3194The company put forward, terminate the labor contract, the contract has not yet expired, on the same day the company notice let day turnover. The job is copy, salary before tax5000Element. However, in signing the contract companies to the blank contract, after the signing of the contract, two copies of the blank have gone. The company has to pay social security, but is paid in accordance with the minimum wage standard.2012Years8Month to company work, usually work six days a week class,2013Years5Months ago the wages of most salary amounts in accordance with the basic wage+Post salary, a very small part of the overtime wages entry list;2013Years6After months of wages, in accordance with the most amount of basic salary+This overtime list entries. Such cases according to law should be how much compensation? In addition to dismissal compensation, I have some other what right? How to safeguard the legitimate rights and I?

Answer:7.1If no other legal reasons companies inform employees leave in the labor contract before maturity, illegal discharge or termination of labor contracts, according to the "labor contract law" article forty-eighth, you can continue to carry out the labor contract, can also be ordered to pay compensation for each work a year to pay two months salary standard.

7.2Labor contract should be signed in two copies, the unit and the laborer the holders of a company, illegal behavior, you can complaint to the local labor security supervision department.

7.3Social security should be in accordance with the average social wage where you pay. If you think that social security does not pay the full, can complain to the labor supervision department or the labor dispute arbitration commission or the arbitration filed an application. Losses caused to you, the employer shall bear the liability for compensation.

7．4According to your description, your job should belong to the standard working hour system, namely the executive work every day not more than8Hours of work per week, no more than40Working hours. Standard working hours overtime execution is not three hours a day, does not exceed thirty-six hours per month. Statutory monthly average work day in China is20.83Day, in theory you can use20.83Multiply8Figures for you a month working time. And on this basis36As the law allows monthly working time (hours). If more than you can claim overtime before a. After an employer has illegal you can also complaints or report to the local labor security supervision department. Personal opinion is for reference only. (Wang Hongyi Sina micro-blog labor supervision@The earliest80After)

 

3195The lawyer, Hello, I have a question to ask you, after marriage husband to buy a house, the property permits to write his name of the father, after the divorce, I can divide? How to provide the evidence points to the house, thank you

Answer: first of all, suggested that the two sides negotiated settlement property.

Secondly, no consensus can be considered as follows:

First, according to the "property law" the relevant provisions of the people's Republic of China, you should go to the housing registration authorities to find out, the property register is registered name. If the registration is your husband a man's name, do not preclude it as the joint property of husband and wife in a divorce segmentation. If the registration is still your father's name, that according to the laws of China, the law of housing ownership of all your father-in-law, such property in the divorce difficult as common property division, of course, this also need to the local court identified.

Second, you don't have to explain why register your father-in-law's name, that I am not speculate. But if you can prove that the housing is by your husband to pay a mortgage, and at the same time can prove it to register your father-in-law is not grant to your father-in-law's meaning, according to the "property law" the relevant provisions of the people's Republic of China, so you can perform the following steps:1To the housing registration authority in the issuance of real estate certificates, not recorded in the realty register error for the correction registration matters.2If your father does not agree to the change of registration or registration error, that the lack of evidence, you can to the housing to apply for the registration administrative organ of registration, and in objection to the registration15Days after the court of law.3Be careful15Do not sue to the court within 15 days of the date, the dissidence registration failure.

Finally, the friendship reminder if you are not going to divorce, do not recommend go judicial way, with family communication is the best solution. (Huayu , Sina micro-blog@Bridge-Bridge)

 

3196, I am a college student, the winter vacation is coming, ready to Dahan vacation, a conduit company shall we pay200Yuan fare, sign labor agreement winter vacation work, I want to ask, they practice is legal, the intermediary has the right and we sign the contract? What should I do to keep my legal rights.

Answer: according to the "on the implementation of 'issues' labor law of the people's Republic of China views", students use spare time work study, not as employment, labor relationship has not been established, can not sign labor contract.

The winter vacation work provides students part-time labor services, belongs to the labor relations, is not affected by the "labor contract law" protection.

But after all, belong to the labor, labor protection department has the right to manage the enterprise. Therefore, for the students, in addition to the people's court proceedings, can also provide the report to labor censorial branch. Students looking for winter vacation work, the most important point to note is the best sign an agreement, the working time is what time to what time, what is the content of the work, what is my reward. The best that can put down on paper, a point if you need to pay various fees, time to pay, must ask the other side to give you a receipt issued, that is to say the other party received the money, and use the money to do what.

The so-called labor intermediary should have to pay for your news, not credible. If the unit is hiring intentions, have to sign a formal agreement, do not blindly do the work. Most importantly, you should learn to protect themselves against their own interests, meet people and units, must be the first time for their own rights. (Xie Yanping micro-blog Sina@Avenue ")

 

3197, I am a loader, is working for the boss of a private, no contract, the boss is what do not have evidence, when I give him loading truck fence the left middle finger clamp, broken bones, the first section cut a point, first I clip, my left hand pulling cart tied up, right hand push guardrails, has not paid attention to clip, when hospital treatment is used in the name of others, because the boss says that people who have insurance, medical expenses is the boss of the insurance, but it seems only medical insurance, so that the boss will give me compensation? This is me, thank you!

Answer:1Because of you, reflect the situation, so it is difficult to determine the existence of labor relations, inductrial injury is difficult. If you have existing evidence should be in labor relations, social security departments within one year accident for work-related injuries that (the employer did not pay industrial injury insurance, for you will not take the initiative to help you apply for the ascertainment of a work-related injury). Because the employer does not give you pay industrial injury insurance, so even if the ascertainment of a work-related injury, inductrial injury treatment you are borne by the employer.

　　2If not, to prove the existence of the labor relations, also can't enjoy work-related injuries and treatment of work-related injuries, the best according to the employment relationship for civil compensation. 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 eleventh: employee suffers from a personal injury when engaged in employment, the employer shall bear the liability for compensation. According to the "tort liability act"35The provisions of article, providing labor party due to service their damage, according to their respective fault shall bear the corresponding liability. So you and the employing unit, shall bear the liability for compensation according to the fault of your personal injury, compensation consultation fails, you can go to court. Specific compensation programs you can refer to "the Supreme People's Court on certain issues concerning the application of law in the trial of personal injury compensation case explanation" inside regulation, standard concrete calculation, including medical expenses, hospital food subsidies, nursing fees, fees, transportation fees, nutrition delay costs, if the identification of disability, according to the corresponding disability rating should also be compensation for disability compensation, disability AIDS charges, was dependent for living expenses.

　　3In other people's names, about your reimbursement for medical expenses, there may be a risk for social security. (Du Hongtao, Sina micro-blog@Major case-Du Hongtao.

 

3198, Hello, I'm2013Years5Month13Held at the beginning of a construction company site work,2013Years12Month12On site Project Manager to I didn't sign labor contract with the company for my dismissal, not that I'm unwilling to sign, because they own the employment contract, content is not normal, instead of labor contract, so I didn't sign, the salary has been finished. Excuse me, I like this situation for the odds big labor arbitration victory, require the company to pay double my salary. I have the recording evidence, payroll (one month), leave (Project Manager signature), dismissal letter (a project department chapter). If I ask for a lawyer to help me, attorney fees should be around much, say about it, hope reply, thank you!

Answer: between you and the construction company did not sign a written labor contract, but according to the existing evidence of your hands, to prove the existence of the fact labor relation between you, if you and construction companies unable to reach an agreement, then you can apply for labor arbitration. More labor arbitration cases in the mediation, both sides made some concessions, can promote the dispute resolved as soon as possible. As for the chances you, the individual parties are very concerned about, but I'm sorry, lawyers in this regard can not give you a satisfactory answer. How many lawyers fees, referring to the local guide prices, and specific law consultation. (Sun Zekang, Sina micro-blog@Sun Zekang.

 

3199Excuse me, my family in Suixi County, Zhanjiang City, Gan Zhen Yang, this home upstairs in a layer of building two layer, a total of about160Square, the local government asked me for money,5000So, do you have a legal basis

Answer: housing with the need to fulfill the corresponding examination and approval formalities in the local construction sector, without approval, or stamped, administrative law enforcement organs can be removed by illegal construction. Suggest that you consult your clear whether fee names, completing the formalities, can apply for the property permits, before deciding whether to pay. (Du Hongtao, Sina micro-blog@Major case-Du Hongtao.

 

3200There is a thief stealing, perennial house property, there is no evidence on the behavior we feel helpless. In the total rural powerful people in particular, like the thief is. He is a dear brother is a civil servantAShield, has always taken the attitude of their theft.2013Years12Month8We caught the thief stealing, want to alarm,AWe let the thief forced, does not allow us to alarm, said he to bear all the consequences. We are weak, but let the thief, the thief came back after midnight when the burglary tools stolen.ALater want to use two thousand yuan let me sealing, of course I do not want to, so many years for the thief to steal my caused economic losses connected to more than one hundred thousand. ThenATo avoid this thing, say that I want to alarm alarm, what can a thief is the.ANo one any argument. Now I have called the police, but was worried about the police will not register? WorryARetaliation, how should I protect myself?

Answer: after the alarm, such as police stations not on file, to the superior public security supervision departments to reflect, to file the report by the. Such as the Public Security Bureau omission, may apply to the procuratorate for case filing supervision, also can be to decide not to the public security organ for the application for reconsideration. For before the theft behavior, you can take the tape, the testimony of witnesses, obtain evidence, for possible later stealing behavior, you can install the camera equipment for stealing evidence, can also take other means to obtain evidence of theft, but once the occurrence of burglary, suggest you timely warning, to fix the evidence. Take revenge behavior as possible, you have the right to alarm processing, on the other hand, suggest that you pay attention to its own security, and to take some preventive measures. (Du Hongtao, Sina micro-blog@Major case-Du Hongtao; Lai peace, Sina micro-blog@My name no nickname)

 

3201My classmates, Hello, sister cheated to Dongguan to do marketing in this year8When the month was caught, then sent a detention notice home, didn't ask to get people also did not say what time trial, police station telephone also did not leave. Now fast four months, if the crime and trial of the ah, but now what information are not, how to do ah. For the answer, thank you.

Answer: the public security organs to the families to send notice of detention, to notify the family of the member for suspected crimes criminal detention, and not let you get a person not to inform you of the public security organ to the interrogation of suspects. The police detained, the longest only37Day, period must be completed to arrest procedures. If approved, the public security organs shall send notice to the family of arrest. Since time has in the past April, the public security organs suggest you actively contact the detention notice above inscribe, consult your family what in the end. As long as it does not involve the case, the public security organs will inform. (Lai Heping, my name is no nickname)

 

3202Hello! I worked at the company for ten months now, the company has not signed labor contracts, the company now want to fire me, also want to pressure me a year of commissions and bonuses, how can I protect my rights?

Answer: according to the information you provided, between you and your company's factual labor relationship, you can consider and company consultations, if no settlement can be reached, you can apply for labor arbitration, that the double wages. (Sun Zekang, Sina micro-blog@Sun Zekang.

 

3203At autopsy, Hello, costs and accident is traffic accident scene and test the accident vehicle fee pay by who?

Answer: traffic accident cases in the obligor to compensation is the responsibility of the accident, all the necessary loss caused by infringement shall be borne by the other party, including you said autopsy fee, accident appraisal fees, if the full responsibility for each other, should bear all the loss. Early is your own account, please keep the bill, to claim their rights. (Xie Yanping micro-blog Sina@Avenue ")

 

3204, Hello, I still want to ask, my father committed the crime of intentional injury, has been to the procuratorate that one step, now the family to our compensation for medical expenses, said compensate money can find someone to not pursue my dad's criminal responsibility, this may? They say they don't can be held? My dad didn't have violated the law?

Answer:1The public prosecution of criminal cases, is by the procuratorate to represent the state of the defendant may constitute a crime prosecution, judgments made by the court according to law. In the case of public prosecution procedure, whether to investigate not the criminal responsibility of the accused person or the suspect by the victim decides, it is decided by the judicial organs. Therefore, in your father's case, the families of the victims say lose money can not be investigated for criminal responsibility your dad is not possible.

   2In accordance with the criminal law, article277The provisions of article, caused by civil disputes cases of intentional injury, may be sentenced to the punishment of three years, defendants repent, obtain the forgiveness of the victims through compensation for the losses, such as an apology, victims voluntary conciliation, the parties may settle. Therefore, if your dad's case was caused by civil disputes, and caused only minor injuries to the victim, the penalty in accordance with the criminal law article277The provisions of article, you can through the victim's medical expenses and the victim reconciliation. In addition, the criminal law article279The provisions of article, to reach a settlement agreement cases, the procuratorate may recommend lenient penalties to the people's court, the people's court according to law, the lenient punishment; for minor crimes, without penalty, procuratorate can make the decision not to initiate a prosecution. Accordingly, if you and victims reached a settlement agreement, then your dad can get lenient punishment, even procuratorate not to prosecute.

   3For medical expenses, loss, the victim may bring criminal incidental civil action for compensation for your father, the court will sentence you dad compensation for medical expenses according to related losses. Therefore, compensation for the victim's economic loss is a legal obligation of your father, as soon as compensation for the victim's economic loss, is your dad get important sentencing lenient punishment. (Liu Jiandang lawyer, Sina micro-blog@On the trial of those things)

　　　

3205Excuse me, my friend, is always the police called to ask, can you please don't go?

Answer: if only oral notice or telephone notice, without any written documents such as friends, you have the right to refuse. Suggestions can ask specific matters on the phone, ask them to provide the relevant procedures, to see whether at home or in other places to ask. (Du Hongtao, Sina micro-blog@Major case-Du Hongtao.

 

3206Dad, I work outside, the boss of wage arrears a many month, he and co-workers only wait at the site, there are local reporters, government, but it has been delayed, no news! For help

Answer: recommend you father and workers can go to the local labor supervision departments, or to the local committee and other departments to require its urge developers, contractors to pay wages, if really can't solve, can apply for labor arbitration. Sina (micro-blog@Major case-Du Hongtao.

 

3207, Hello, I am a graduating student, according to the Xiamen local household registration management provisions, my account can be settled down to my unit community collective account, in accordance with the requirements, I'm ready all the materials, to the unit community to settle down, but the community has come up with all sorts of reason, said I can not handle either, but I understand that the community is in trouble, so I shall not give, what would the practice community and how can I complain they, may bring an administrative lawsuit, thank you.

Answer: according to the "Regulations" management of Xiamen household registration, if you meet in Xiamen a collective account of the conditions, the local community and the police should be handled collectively account for you, according to the provisions of article31A: "the public security organs and their staff in the household registration management, be forgetful of one's duties, breach of privilege, play favouritism and commit irregularities, shall be given an administrative sanction by the unit or higher authorities according to law. Constitute a crime, shall be investigated for criminal responsibility according to law." You have the right to appeal to the local office of the streets or the public security organ, if not solve, can bring an administrative lawsuit. (Du Hongtao, Sina micro-blog@Major case-Du Hongtao.

 

3208The company put forward, terminate the labor contract, the contract has not yet expired, on the same day the company notice let day turnover. The job is copy, salary before tax5000Element. However, in signing the contract companies to the blank contract, after the signing of the contract, two copies of the blank have gone. The company has to pay social security, but is paid in accordance with the minimum wage standard.2012Years8Month to company work, usually work six days a week class,2013Years5Months ago the wages of most salary amounts in accordance with the basic wage+Post salary, a very small part of the overtime wages entry list;2013Years6After months of wages, in accordance with the most amount of basic salary+This overtime list entries. Such cases according to law should be how much compensation? In addition to dismissal compensation, I have some other what right? How to safeguard the legitimate rights and I?

Answer:1.1If no other legal reasons, the company informed its employees leave in the labor contract before maturity, illegal discharge or termination of labor contracts, according to the "labor contract law" article forty-eighth, you can continue to carry out the labor contract, can also according to the requirements of each year to pay two months salary standard for payment.1.2The labor contract, should be in two copies, the unit and the laborer the holders of a company, illegal behavior, you can complaint to the local labor security supervision department.1.3, social security should be according to the average social wage where you pay. If you think that social security does not pay the full, can complain to the labor supervision department or the labor dispute arbitration commission or the arbitration filed an application. Losses caused to you, the employer shall bear the liability for compensation.1.4, according to your description, your job should belong to the standard working hour system, namely the executive work every day not more than8Hours of work per week, no more than40Working hours. Standard working hours overtime execution is not three hours a day, does not exceed thirty-six hours per month. Statutory monthly average work day in China is20.83Day, in theory you can use20.83Multiply8Figures for you a month working time. And on this basis36As the law allows monthly working time (hours). If more than you can claim overtime before a. After an employer has illegal you can also complaints or report to the local labor security supervision department. Personal opinion is for reference only. (Wang Hongyi Sina micro-blog labor supervision@The earliest80After)

 

Ask:

Turnover has filled out a job over the table to the company, but the company did not give me fire proof books, also does not have the dismissal reason reasonable,16No. let me go, this is what you?

Answer: should not be issued to you to terminate the labor contract that, without this proof, your social security transfer will be affected, there is no way for you to enjoy unemployment insurance. You want to make the proof issued by its unit claims, reasons and truthfully termination of labor relations in the proof. If the unit without the certificate, you can complaint to the local labor security supervision department. (Wang Hongyi Sina micro-blog labor supervision@The earliest80After)

 

 

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