"Major" legal aid platform Q & a record (one hundred and eighteen)

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 and search: Sohu News client

This is the answer of 3790th to 3803rd legal consultation

"Major" legal aid platform Q & a record (one hundred and eighteen)

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:

3790, he y

Hello. One of my friends in Beijing, the unit he signed 3 year contract, for only 10 months unit will let him go, give a month's salary compensation, units do comply with labor law? He is a city hukou. No housing provident fund should be calculated? Thank you.

Answer: the reason you did not specify the unit to let him go, but you can not accurately judge the case, based on the description, if your friend has no serious violation of company rules or serious dereliction of duty caused heavy losses to the company, so the unit is illegal remove labor contract. According to the labor contract law, you can ask a friend to continue to perform the contract (to work), or asked to pay two months salary compensation. The proposed negotiation, if not into, can raise the labor arbitration. For provident fund, not to be paid, so there is no computational problems. (Su Congcong, Sina micro-blog @ Su Xiaoxiao Cong)

3791, Picacho

I was in 2013 May into the company, in 2014 February to companies that have other places to go to work, the reason is, I present position of the company do not set, because the family is here, so I declined, but the company I asked I quit, I don't quit, boss, I do not know the circumstances, disconnect the network I work to do, to others, how should I do?

Answer: unit requires you to resign, is to avoid the economic compensation. According to your situation, if the unit first proposed cancelling the contract, and you agree to pay economic compensation, it shall pay a month;If the unit directly to fire you, you may want to continue to perform the contract, or require the unit to pay two months salary compensation. Suggest you still go to work and keep the relevant evidence, and other units of illegal dismissal. (Su Congcong, Sina micro-blog @ Su Xiaoxiao Cong)

3792, the heart

In the cases of trademark infringement, infringement evidence, notary, indeed for the malicious tort. Infringement profit evidence (bank loan report) has legal evidence, but the judge made clear that, for some special reasons, even if there is evidence to support the verdict compensation profit but still most symbolic. This situation should be how to prepare and how to deal with?

Answer: on the basis of sufficient evidence, the judge can give provide instructive reference case reference. But in the end how the decision, we can't control, such as a judgement of the appeal, may appeal in accordance with the law, as is the second, also can apply for a retrial, such as the decision is wrong, still have to chance. (Su Congcong, Sina micro-blog @ Su Xiaoxiao Cong)

3793, Indoorswoman does not go out

Hello, my advice is related to inheritance. Su's parents in his 20 years old divorced, his father had died, their stepmother had died, her father and her stepmother and her 5 children, left a house, the present value of about 2000000, the house is his father and stepmother married, unit share common property: father, what Su can share this suite? Trouble to answer, thank you

Answer: according to "Inheritance Law of the people's Republic" and the relevant provisions, the relevant judicial interpretations of the first, real estate is controversial with Su's father and stepmother married, belongs to the people of the common property of the couple. Second, Su's father died, Su has the right to inherit the property of 1/14. Third, if Su the stepmother to do their duties, have the right to sue a stepmother died in succession stepmother property, is disputed property, have the right to inherit the property of 1/12. In general, Su have the right to inherit the property of 15.48% (retained two decimal results).

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

3794, a powerful and unconstrained style

Hello, man and the woman the marriage registration, only in the home one month away from home. Now the woman filed for divorce, the man demanded the return of gold and 36000 yuan betrothal gifts. You can get the support of the court? Thank you.

Answer: according to the "marriage law" of the people's Republic of China and the relevant provisions, the relevant judicial interpretations of the first marriage, both men and women have been registered, belongs to the legal husband and wife. Second, according to what you said, pay the bride price and did not cause the family economic difficulties. Third, according to what you said, both men and women have been living together for a month, in fact has already formed the relationship between husband and wife. In general, not in conformity with the law of divorce can return the betrothal gifts. In addition, according to local custom, the nature of the "four gold", is also generally recognized as a part of folk betrothal. Therefore, the gift of 36000 yuan and four gold cannot pass judgment for the return. The positive suggestions to gather evidence that the woman married to lack of sincerity, because the woman married to live only a month away, the time is too short, mediation and negotiation based on justice, may be appropriate to back some money.

3795,?

Yesterday my friends go out to play together, the three boys in the drink, drink wine to drive people to everyone back home, after a drink driving myself out, results in the mountain car, people have been in, if held accountable, what be?

Answer: drink is still the important content of China social occasions, wine only bear the corresponding responsibility to default on the victim's damage. In this case, companion has the victim will be safely home, may have to corresponding assistance obligations. The victim again to go out is its own will, by its own responsibility (Zhang Lei Sina micro-blog: OH pig not fat would be a good lawyer)

3796, beauty Yao

Xu teacher, Hello, know that you are very busy, I hope you take the time and trouble to me pointing in one direction, it roughly the following: we are a glasses mall, which has a business area beyond the contract, shall be ordered to return for the area, the other party refused to, and counter parts for leasing are shopping malls provide, had moved back to part, shopping malls shopping malls counters, the leasing home seven gu town gossip and pregnant women were called by shopping malls door, don't let other consumers, even directly to close the door lock up, but also directly affect the normal business of other businesses, in view of each other. Is the old woman Ru, dare not directly away, also called the police station, (there are other acquaintances in the police station, the police station closed) did not stop their activities, only said the negotiations, but the so-called negotiation is to store concessions, not concessions, on every day to close the gate (2 days), said the continued off tomorrow, I now ask the turn to what departments, how to open the door? Other merchants claim to find shopping malls or directly to the merchant? (from the mailbox)

Answer: you may bring a lawsuit to the court, for the corresponding rental households to stop the infringement, eliminate the obstruction, compensate for the losses. (consulting minister Zhi Qiuke Sina micro-blog @ Big lawyer Zhang Chuntao)

3797, Erlinglingbalingsanqiling

Respect teacher, Hello! My parents some time ago in a car accident, is the father of uremic patients, accident hind legs and with a few stitches, mother hit concussion, fortunately no hemorrhage of intracranial. Next to the traffic police mediation team, want to ask you is, 1 nutrition fee compensation standard country house that the claim? 2.? Ps. family in the rural areas. Thanks a million.

A: on the traffic accident compensation first need to carry out that responsibility by the traffic police department, for the victims and the corresponding compensation by the perpetrators. Your description is based on the nutrition fee, belongs to the person damage compensate one project, determine the nutrition fee is based on disability, according to the relevant medical institutions to determine the views of. According to the relevant judicial interpretations about the nutrition fee, no clear standard of compensation, you can make corresponding judicial identification or keep Hospital Nutrition Certificate or prescription and other related evidence. Xie LuluSina micro-blog @ block box)

3798, Huang Xiaoyin

On illegal construction has been fined, but does not require the demolition, after 10 years, whether can be removed?

Answer: to did not obtain construction permits planning or although obtain construction permits planning but not in accordance with the requirements of the construction of the buildings, belonging to the illegal construction. "On the building of violate the rules and regulations of the people's Republic of China urban and rural planning law" stipulates: "did not obtain construction permits planning or failing to conduct the construction in accordance with the provisions of the construction project planning permit, the competent department of urban and rural planning of local people's governments at or above the county level shall be ordered to stop building; can take corrective action to eliminate the effect of the implementation of planning, correction within a prescribed time limit, construction project cost five percent more than ten percent of the fine; unable to take corrective action to eliminate the effect of, dismantle, can not be removed, the confiscation of illegal income in kind or, may be imposed a fine of less than ten percent of the construction project cost". So the administrative organs to you a fine has legal basis, but is now going to dismantle, obviously there is no legal basis, the reason is: 1, then only you are fine but not to you removed, belong to "can take corrective measures and eliminate the influence on the planning and implementation of the" situation, so no need to dismantle; 2 according to the provisions of the administrative punishment law, "" the people's Republic of China twenty-ninth, an illegal act is not discovered within two years, no administrative punishment shall be imposed. Moreover, the administrative organ in the case of knowing that you have made illegal behavior and processing, this case does not meet the requirements of Prescription Administrative punishment. (Lanzhou lawyer Hou Ailong Sina micro-blog @ Lanzhou lawyer Hou Ailong)

3799, out man

Is I in Sohu in the award... Is a soil hockin...... But it is a model machine No. 16 received... Sohu company said they signed single price... And express also accepted...... They identified a genuine... I call Sohu people... They said to the first inspection and then sign the bill... The courier told us is the first sign of further inspection... And that person at that time to express is also said to be false... Say what winning not letter... And then my dad call Sohu company man...... They say is true... We go to the apple mobile phone shop to verify...... But the result was that the mobile phone is the model machine... Then the people said to Sohu survey... The survey results dragged on for a few days...... Finally said to send out is genuine... And signed a single price... While the courier or say what winning also believe... When I came home from school and found express parcel was being opened... And a layer of plastic film mobile phone out of the box is gone... Obviously to be switching... The courier company or what the letter... But it is Sohu official activities... Sohu said it was really... The courier company says every so many days it is very difficult to investigate... It is also intended to evade... What should I do. Especially anxious really... Originally a year award very happy...... Would you please help me.........

Answer: you based description, you can sue the courier companies default, but to collect relevant evidence. (consulting minister Zhi Qiuke Sina micro-blog @ major Zhang Chuntao lawyer)

3800, yellow small art

In the sublease others store, sign a contract with the landlord what should notice? How to sign

A: on the leased to three party, the lessor, lessee, lessee. You belong to the lessee, the lessee of the leased premises from. The lessee must get the consent of the lessor may sublet, the lessor may terminate the contract or to know the lessee without the consent of relet, so you will also be involved with the lessee signed the lease contract. Secondly, should know that the lessee and the lessors lease contract period, you may not be with the lessee signed the lease contract, the lessee to lease the remaining term of more than. Once again, in order to protect the interests of the lessee, the lessee rent arrears default, sub lessee can pay rent, breach of contract damages to stop the lessor's right of rescission. After that, the sub lessee may apply to the lessee claim this right. Finally, according to the relativity of contract, and the lessee signed the contract you can only be you and not be bound to the lessee, lessor. That is, you can only find signed a contract with your human responsibility, safeguard the rights and interests. (Zhou Yan Sina micro-blog @ Hula little)

3801, Hp

I met difficult need your help now. I and wife divorce. Property situation is now, one suite, married her name to buy mortgages, now 980000, due in September. There are other property at home, probably a total of 5, 600 of all by her outside to do business. Business money I could not identify the specific amount, just before probably understood. She promised to buy a suite for me. But she said no cash, want to borrow 3 of the monthly divided the money to buy a house down, then take the house to bank loans, assessment of high point, lend money to usury. All borrowing by her name, I guarantee, she is responsible for the money. A year after the expiration of the house mortgage, not mortgage. Would you like to mean that signed agreements? This should belong to the common debt, signed the agreement would become her personal debt?

Answer: according to your description, your wife buy a house to you belong to, you can give the contract signed with his wife, gift contract is a unilateral contract, voluntary contract. That you do not need to pay the right price of obligation, you can get housing. But, because you and the conditions in which is attached to his wife, get gift you must complete the conditions attached, but can you say another agreement, transfer your burden condition, is contrary to the principle of conditional contract, unfair, aggravate the burden of his wife. Is the conditional grant contract, if the violation or not bear, will suffer the consequences is donative person to exercise the right of recall. (Zhou Yan Sina micro-blog @ Hula little)

3802, with the wind

Hello, consult a problem, I want to leave, but said the leader after two months to go, what method can let me a month to go? There is a submit turnover process, but submitted, leadership does not approve, how to do?

Answer: in accordance with the provisions of the labor contract law, "article thirty-seventh, you can be thirty days in advance in writing to the employer to resign. Do not rigidly adhere to the employer's process, but it should be noted that if you and the employer shall sign the service agreement, the termination of labor relations in advance, to bear the liability for breach of contract. (labor supervision Wang Hongyi Sina micro-blog @ the first 80)

3803, Linghu Chong

Friends for China Unicom iPhone contract plan in 2011, according to the agreement the two sides agreed to set period can not lower the fare, which number alone paid 30 yuan "card" and 300 yuan deposit, deposit and pay thousands of dollars for iPhone mobile phone. The contract is not agreed by not reduce package expires, no agreement expires number still has the lowest consumption. But in 2013 August at the end of the contract I will reduce package cost, but told me the number itself has 126 yuan minimum consumption cannot be cancelled, after repeated contact customer service have not been reasonable reply, Unicom unilateral provisions my number must also be monthly low consumption of 126 yuan in the contract, because the number is Unicom identified themselves the good. It is difficult for us to imagine, assuming the car license number according to the minimum gasoline consumption or different ranks lowest tax, what will be the result. Unicom abuse WCDMA communication service monopoly (if you do not use the WCDMA service to my mobile phone will not be able to use 3G services, China Unicom consists of absolute monopoly), unilateral coercive users the lowest consumption, and the consumption and the user number binding (according to the regulations, Ministry number belongs to the customer, do not belong to the operators, Tianjin has the pilot number portability), is a kind of serious damage to the interests of consumers of clause of Xiang Yu the conqueror, is a kind of illegal monopolistic behavior. At the same time, China Unicom must handle the new number to use 3G package 20 yuan, which is the additional cost of consumer and waste of social resources of clause of Xiang Yu the conqueror, suspected of using monopoly harm the interests of consumers. Ask whether to prosecute individuals Unicom abuse of monopoly harm the interests of consumers, determine the refund and compensation requirements, at the same time it according to the number of type set the minimum consumption, must open a new number can enjoy the illegal monopoly low package behavior throughout the country?

Answer: you can sue the Unicom, but there is the risk of losing a lawsuit. (consulting minister Zhi QiukeSina micro-blog @ major Zhang Chuntao lawyer)