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 3730th to 3743 legal consultation

 

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

                

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:

3730, Cai Rui

I just graduated from a university is the rural students, 2012 start their own a small company, the company registered capital of 50000 yuan. Now encountered such a problem, the administrative department (bureau of work safety) to a fine of 100000 yuan to our company. Our company has not go business account, it is to go private account, however, never held what invoice, so, always the 0 tax, company accounts is by the Accounting Firm agent, every month is 0 tax, then, company accounts would take up. Excuse me, if the administrative fine, I do not pay, my reason is that the company did not have the money, is deficient, the way, the administration will do? There is, I am such a financial is not tax evasion? (from the mailbox)

Answer: according to the tax collection and management law and its detailed rules for implementation, taxpayers engaged in production, management in the tax registration, the tax authorities shall open for business account and report, the capital of the company must follow the business account, it is illegal too obvious you never walk business account behavior. Having said that, the accounting occupation from birth to reasonable tax avoidance and tax avoidance is not illegal, reasonably, you be fine problem is not in the 0 tax, I don't know the work safety supervision bureau fine reason, but you already suspected of tax evasion. According to the provisions of the administrative reconsideration law, for fine behavior of the administrative organ, if you have a problem, can receive the penalty decision to apply for administrative reconsideration tax organ within 60 days as of the date of, may also bring a suit in the people's court within 3 months. According to the provisions on administrative mandatory law, work safety supervision bureau has not the power of administrative enforcement, for you neither applies for reconsideration nor prosecution, due not to enforce fines behavior, work safety supervision bureau can apply to the court for compulsory execution for refusing to pay, and in severe cases, may be suspected of criminal punishment (Liu Fanggang Sina micro-blog @ just 18 degrees)

 

3731, tjj7166

Since the beginning of last year, I found that I buy safe financial product revenue and the original commitment to the company to have very big discrepancy. The details are as follows: the salesman was repeatedly emphasized that this product is by far the most ideal products, than I had the year before from him buy universal insurance is much better, even over five years, every two years with a fixed annual return, and dividends, in urgent need of money may at any time all out, while the fixed return every two years not affected (at that time did not talk about "cash value" of the word, also did not say most can only take cash value of 80%). He also stressed because of accumulation of interest bearing, the annual dividend and fixed return is much higher than bank interest, can completely offset the money with the need to pay the loan interest, the clerk from first to last no mention of what are the risks of the product. A year later, the company dividends not reached the promised, once asked the salesman, he said that because the pay less, it will be more in the future. I as in the past to Mori Trust Co, until fourth years after the payment, I Huaichuai the vision and hope, the clerk query return, I was shocked! I paid more than 83 yuan, in 2013 only 8000 yuan bonus, and in accordance with the company's so-called "clause", if I want to withdraw money, cash value of only 39 yuan, and I can only take cash value of 80%, namely 31 million. I for four consecutive years saved more than 83 yuan, after four years into 310000 yuan, has shrunk nearly 63%. Ping An insurance company, only to the symbolic 20000 yuan bonus, and if I want to use these 310000 words but also as a loan they pay the interest of 5.5.%. Complaints to the security company for full surrender, but the company did not promise. I don't know whether I can resort to the law, there is little chance of winning? (from the mailbox)

Answer: you buy should be participating insurance companies, and financial products on the market, fund companies such as banks, insurance companies, all products must provide insurance, bonus distribution function is only an auxiliary. You can now look at you are signing policy, insurance and other insurance documents, insurance companies generally will not promise to yield, and the relevant documents will be prompted to risk. If because of false propaganda sales lead you to insure, suggest you collect sales. Evidence of fraud, such as a written commitment, publicity documents, telephone recording, complaints to the local bureau of the CIRC demanded a full refund. Action words, if all the documents signed by you, the possibility of winning is not too large. (Du Hongtao, Sina micro-blog @ major Du Hongtao)

 

1990 3732, the small bell students

Hello, my dad in December 21st last year, with a black coal boss grab my mountain, my dad to stop, was killed by the boss of a black car, the boss is very strong in the local, government cover up black ore, said to die a person, pass the buck, not to deal with, my dad left, just the rest of my mother and I two, I 90 years, now the relatives to fear from the boss and the government, not dare to. What should I do? (from micro-blog)

Answer: you should immediately report to the public security organ or to the local court or procuratorate report, request the public security organ for investigation. Don't be afraid of the boss and the local government, according to the "criminal law" the 108th second victims to infringe upon their personal, property rights of the facts of the crime or criminal suspects, have the right to a public security organ, a people's Procuratorate or the people's court report or accusation. And the public security organ or the peoples procuratorate finds the facts of a crime or a criminal suspect, shall be in accordance with the scope of jurisdiction, investigation, it is their duty. If the local public security organ is not on file, to the procuratorate to reflect, to the public security organ for not filing a written reply, explain the reasons, or to the public security organ immediately put on record. According to the "criminal law" article 111st the people's Procuratorate believes that 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. If the mine owner is intentional instructions run over your father, the mine owners and drivers have already constituted the crime of intentional homicide, even if the mine owner not intentionally, also constitute a manslaughter. Criminal cases involving the evidence issues, please report as soon as possible, conducive to the preservation of evidence. (Li Shufen, Sina micro-blog @ major Li Shufen)

 

3733, the wrong time, right person

My husband's father lost business, so the folk lending to businesses in the back, did not think of because is too high interest rates finally unable to repay finally went bankrupt. Because of my husband's father not computer transfer so my husband agent, all import bill out of his own card. After the bankruptcy creditors coercion, evil to say, her husband in the tenth lunar January afternoon more than four point jump off building is dead, dying after a few phone calls. Buried my husband's father, think it over and over again feel like a phone call, that made him jump off building. Maybe someone is threatening so we alarm, but the police said the man had been buried cannot be accepted. Creditors this when they are looking for my husband, let him take his father's debts, if not bear threatened him. So every day, did not dare go out that creditors corns bribe shady caused personal injury to my husband! You say this situation what should I do?

Answer: the two question relates to the registration problem here: one for your father's death, is a problem for the company to repay the debt you husband.

The first question, your husband's father-in-law received several calls jump off building Dutch act, you think Dutch act and call the request for investigation. These facts are objective existence, has the advantages of reasonable doubt. Report to the public security organs, basis "Criminal Procedure Law" 110th and "high rules (Trial)" relevant provisions of article 178th, the investigation department shall make the no case-filing notice, get the no case-filing notice after the procuratorate appeal.

The second question, on debt repayments. Your father-in-law's corporate debt is flowing from your husband's account, the need to prove his personal property and the father of the accounts of the company independent open. In order to avoid prosecution court sealed bank account in the proper way. As for how to cope with harassment and money lenders, legal principle only protect the bank benchmark interest rate four times part. (Chen Xiaolong, Sina micro-blog @ major Chen Xiaolong)

 

3734, old boy

A county government through the garden, city park rental business catering, A and Garden Phase under the lease contract into millions, built the restaurant business for three years, twelve years of the contract period. After billions in Hong Kong investment project, circle into a corner of park, the county government to recover the park, so the county government to the departments of various reasons seizure A restaurant business, after the illegal construction in the name of the demolitions, without compensation. Q: could you bring an administrative lawsuit from the breach of privilege? Or how should I do?

Answer: first of all, the county government authorized Garden Management Office business qualifications, landscape management office and you signed the lease contract is legally valid, garden belongs to the trustee, and the government really belongs to the client, and the client authorized to sign your garden management office lease agreement, as was the introduction of foreign capital, the government mandatory levy back, here is that they failed, you may request compensation for breach of contract to the park management office, at the same time, you can let them be related seizure procedures issued by the demolition, demolition procedures belonging to the illegal construction, at the same time, you should collect all relevant procedures and documents, can be to the county government to apply for administrative reconsideration, the revocation of the administrative behavior, do to you the loss of administrative compensation, or collect relevant materials of proof, bring an administrative lawsuit to the people's court. As for the breach of privilege, which depends on the specific circumstances you there and. For the administrative litigation cases suggest you'd better hire a professional lawyer administrative litigation, contract law has provided legal assistance for you, in order to better protect the legitimate rights and interests of your. Li Bing Sina micro-blog @ I is a small Li Bing )   

 

3735, A Mo

Hello, I'm in mid May last year from the original company turnover, according to the Handbook of management performance of the company, the company shall leave in 10 days evaluation, performance wage settlement, in consultation with the company at the time said to the end of the year, the results by the end of the year the company leadership that failed the examination, not to send the performance salary. The actual performance I is not qualified, I wonder if I can ask the company pays side performance salary?

Answer: you can ask the company to pay performance salary, you can to the local Labor Supervision Brigade complaints, or to the local labor arbitration commission for arbitration. According to the "labor contract law" article eighty-fifthThe employer is under any of the following circumstances, the labor administrative department shall be ordered to pay labor remuneration, overtime or economic compensation; labor remuneration is lower than the local minimum wage standard, the difference shall be paid; fails to pay within the time limit, the employer shall be ordered to fifty percent of the sum payable more than one hundred percent of the standard added to laborer pay compensation: (a) is not in accordance with the labor contract or regulations of the state, timely and full payment of labor remuneration. By the administrative department of labor shall order the company to pay for your performance pay, not pay overdue, can claim damages. As for the requirements of the company to pay the company performance pay, if the company is willing to, of course, can not be. Or the company and the original company is the relationship between the branches, you can ask the company to pay the arrears of performance pay. (Li Shufen, Sina micro-blog @ major Li Shufen)

 

3736, guest angel

Hello, I and my girlfriend broke up. In our love during her with a credit card overdraft thirty thousand yuan, all of her. I agreed to help her out of personal kindness is ten thousand after breaking up, breaking up after she doesn't agree to make me more, I don't agree. Later she came to my house downtown, take away my car keys, and now secretly take my car to the left. That is now completely is not private control point. Now I call the police, but the police think this is belongs to the emotional disputes determined not to initiate. What should I do? To procuratorate to apply for administrative reconsideration? My car should I come back? If the court to the court estimates will be how? If you want me to compensate it is estimated that there will be how much? I can not compensate? Hard! Thank you.

Answer: the credit cards, the repayment should be your girlfriend, the issuing bank will also only to her claim to fulfill the repayment obligations. For your car secretly left problems, from the information you provide, it is difficult to prove that your girlfriend has subjective deliberate theft. So the personal recommendations or private negotiation, the negotiation fails, you can bring a civil lawsuit to the court, claim for restitution. (Sun Weijie Sina micro-blog @ the earliest 90s)

 

3737, for a long time, will be tired

I would like to ask me for a sick leave in the company, the hospital has opened to prove the diagnosis, there is no record, no group company, is treated as work, how should I do?

Answer: labourers shall have the right to rest and vacation, the unit also has the obligation to safeguard the health of the workers. In this case, we propose a timely manner to the labor inspection team to report complaints, the employer shall be ordered to correct. (Xie Yanping Sina micro-blog @ Avenue ")

 

3738, a mirage, insubstantial objects.

Hello, I would like to ask two questions. 1 rural family housing can be traded, whether through private contract sale has the legal effect. 2 there is a year from the collective down, now used to build a house, but no relevant documents of land certificates, land ownership is only by convention, after the demolition will be affected?

Answer: according to the current provisions, only allow the transfer of rural homestead in the village, village villagers signed with people outside of the sale and purchase agreement is not protected by law. As for the homestead housing the village, no title card, exist in many places, the general committee agree, when the demolition of that property is not a big problem, but the best first to the village consultation can issue the relevant land use certificate, in the township land management departments to re submit the relevant procedures, in order to avoid disputes. (Du Hongtao, Sina micro-blog @ major Du Hongtao)

 

3739, Zhong Qing

I wonder whether consulting my brother is illegal? My father died in 2001, so my brother will not let go home to see my life can not take care of the mother (his door keys are replaced, the nanny didn't dare to open the door), more make one's hair stand on end is the mother died, he did not notice me and any relatives, or a person dealing with my mother's funeral, which hurt me and other the relatives of the feelings, whether does my brother is illegal? Thanks for your reply!

Answer: you as children, enjoy the right to the death of the mother. According to the rank and good principles, your brother shall promptly notify your mother's death. Even in your mother, due to various reasons you don't take care of your mother, but children to assume maintenance obligations and citizens on their parents enjoy linked to the close relatives of the sacrifice right is no legal, so your brother not through appropriate means to tell you the news of her mother's death, against you to close relatives of sacrifice right, caused a certain degree of mental damage, may claim compensation for moral damage. (Sun Weijie Sina micro-blog @ the earliest 90s)

 

3740, Simon

Ask a question, the credit card bill is repayment basis? My credit card bills have not received in February January, the bill received after January, has been the repayment date six days. Also after the call the Bank of communications, ask the credit, Bank of communications, has been submitted to the people's Bank, and cannot be changed. In my phone, Bank of communications without any notice, ask whether banks have informed the repayment, and ensure that the people understand the duty to account with the card? Deferred repayment long, will inform the people's Bank credit rating system? If you want to appeal, what approaches? In the whole process, the bank did not give me a communication. Thank you very much.

Answer: according to the "sixty-first way" management of credit card business of commercial bank supervision and regulation, the card issuing bank shall provide the account service. The statement shall include at least the dates of the transactions, the transaction amount, transaction currency, transaction merchant name or code, the repayment amount, the minimum repayment amount, payment due date, notes, the card issuing bank telephone service elements. The specific form of reconciliation service by the issuing bank and cardholder to agree. The provisions of article sixty-seventh, the card issuing bank shall timely expiring overdraft amount, repayment date information remind cardholders. The cardholder to provide false information, change the contact way fails to notify the issuing bank except in the case of. But to see the cards, if you sign the agreement with the issuing bank bills, the content includes sending SMS alerts, some banks send text messages to remind the is the charge of the project. If the agreement of the bank should send you the bill, the bank does not send the bill caused your overdue repayment and credit bad, liability shall be borne by the bank, you can report to the banking regulatory bureau or the people's Bank of china. (Du Hongtao, Sina micro-blog @ major Du Hongtao)

 

3741, Cham

Advisory: my brother and the other night traffic accident at the intersection without lights. The other side of the motorcycle without lights, and turn the bicycle lane change not to my brother. My brother's motorcycle rear braking failure. Excuse me, this accident both how to divide the responsibility?

Answer: according to the traffic regulations, turning lane changing vehicles should avoid straight vehicles, the vehicle itself should be good condition, the other to pay in violation of regulations, but your brother itself exists problems of brake motor vehicle, belonging to the two sides have a responsibility to the other, the general should bear the main responsibility. But the specific how to identify the traffic department. (Du Hongtao, Sina micro-blog @ major Du Hongtao)

 

3742, egg on a sale

Hello, I want to ask a question. My father is the supply and marketing cooperatives workers, urban residence, formal work, after graduating from high school at Wolong town of Hubei Xiangyang city (original mud Ju Zhen) supply and marketing cooperatives cashier. Around 1996 the laid-off, is not broken length. Father fall, in a building site of high altitude in died, at the age of 57, my mother is 57 years old this year. I went to the original unit consultation with and without burial and survivors of solatium, told the supply and marketing cooperatives has been the social security bureau to co-ordinate arrangements, there is a new policy in March 1st, because I do not know much about the laws and regulations in this regard, urge major knowledge of such rules lawyer to explain, hope to inform the provisions of the state in this aspect, and the two types of costs or not, what is the standard, thank you!

Answer: according to "social insurance law" seventeenth article: "to participate in the basic old-age insurance personal, illness or non work related death, the survivors can receive mortuary grant in aid and pension; did not reach the statutory retirement age because of illness or non maimed workers completely lose labor ability, can receive disability allowance. The funds needed to pay from the basic endowment insurance fund." if your father to pay social security, social security bureau shall pay the mortuary grant in aid and pension, the provisions of Xiangyang can enjoy 3 months of a one-time pension funeral subsidies and fee is 10 months, 13 months in average worker. A lump sum mortuary grant in aid and pension to the survivors, the funds required for the payment from the unemployment insurance fund. Specific standards also consult the local social security department. (Du Hongtao, Sina micro-blog @ major Du Hongtao)

 

3743, Lake City

Hello teacher, ask you one thing. I start motor and a motor vehicle collision, the hospital each other without obstruction has been home to rest, I took the examination fee 1000 yuan, no drugs, both of US private consultations fail. Ten working days after the traffic police to show responsibility book, I Is it right? Can take the car, the police have no right to detain? I 'liability insurance 200000 insurance companies in the Pacific in cross strong insurance and third. If the other party appeal, what should I do to prepare?

Answer: traffic accidents, traffic police in making responsibility, the insurance company will generally issued by responsibility within the insurance responsibility of guarantee, the traffic police will allow you to mention cars. As for litigation, if not exceeding the amount of insurance, insurance companies generally will bear corresponding responsibility, you only need to prepare the book, policy, traffic accidents, require the insurance company to assume insurance responsibility. (Du Hongtao, Sina micro-blog @ major Du Hongtao)