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.

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This is the answer of 3744th to 3756 legal consultation

 

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

                

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:

3744, I want to ask, my sister is often my brother-in-law beat, she wanted a divorce, but married nearly 20 years did not receive a marriage certificate, have a daughter. You say what idea is there? 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, you said a party to the case because of not more than 20 years, therefore "married" after February 1, 1994, has no legal relationship, therefore cannot divorce in accordance with statutory procedures agreement or divorce proceedings. Second, the relationship of the parties, by the parties to terminate. Third, if the cohabitation of property during the controversial, split by cohabitation. Fourth, although the parties do not have the legal recognition of the relationship between husband and wife, but children born out of wedlock and children born in wedlock enjoy the same rights, provisions of the children born in wedlock claim alimony, visitation rights according to marriage law proposed. Fifth if beaten, there is sufficient evidence, can also according to "the people's Republic of China Tort Liability Act" the relevant provisions, to claim damages for infringement. 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@ the -Bridge)

 

3745, I want to ask I resigned this month, next month seventeen days wages can even last month of wages?

Answer: the "labor contract law" thirty-seventh article: "workers thirty days in advance written notice to the employing unit, can remove labor contract." "Interim Provisions on the payment of wages" Ninth: "both parties to labor relations according to the lifting or termination of the labor contract, the employer shall pay the wages of workers in a labor contract is terminated in the termination or." You resigned, on both sides for the work handover procedures, should be on the wages of a one-time payment. (Si Huali, Sina micro-blog @ law - Si Huali)

 

3746, Hello, I am Anhui Ma'anshan Tsingtao Brewery factory employees, colleagues and factory in my labor contract is signed, has successfully for several years, now the factory to immediately removed from the original post, immediately dismissed if they do not obey, is it legal?

Answer: according to the "labor contract law" article sixty-fifth " dispatched workers are the thirty-ninth and fortieth first, the provisions of the second case, the employer may return him to the labor dispatch unit, the labor dispatch unit in accordance with the relevant provisions of this law, may rescind the labor contract with the laborer." Thirty-ninth "the laborer is under any of the following circumstances, the employer may terminate the labor contract: (a) proved during the probation period does not meet the conditions of employment; (two) a serious breach of the rules and regulations of the employer; (three) a serious dereliction of duty, engage in malpractices for selfish ends, causing substantial damage to the employer; (four the workers at the same time) establish labor relationship with other employers, a serious impact on the completion of the work unit, or by the employer, if it refuses to make correction; (five) for the twenty-sixth article of this law the provisions of paragraph 1 and the labor contract is invalid; (six) were investigated for criminal responsibility according to law the." Article fortieth "in any of the following circumstances, the employer thirty days in advance written notice to the worker or extra to pay workers a month's wages, can remove labor contract: (a) the employee is sick or non work related injury, after a certain period of medical treatment can not engage in the original work, can not be engaged in the arrangement by the the employer's work; (two) the worker can not do the work, after training or adjustment to work, still can not do the work;", unless expressly the employer's rules and regulations in the "don't obey the rules management shall dismiss", the beer factory cannot dismiss them. But the beer factory labor is not standard, the law has been, as they dispatched workers have been working for several years, because labor dispatch is the supplementary form, only the implementation of the temporary, supplementary or substitute posts. The provisions of the preceding paragraph temporary jobs mean survival time not exceeding six months post; jobs auxiliary refers to the main business positions to provide service of non main business opportunities; alternative work refers to a certain period of workers labor units for full-time study, vacation and other reasons can not work, can be made by other workers to replace jobs. Suggested that the labor inspection team intervention, to sign a contract with the employer, become formal staff. (Li Shufen, Sina micro-blog @ major Li Shufen)

 

3747, hello. Please go out sewers department in the home, cause home overflow flooded home wood floors and some home appliances loss bigger, that is a drag to plug the pipe leading to overflow (upstairs more than 30 households do not find out what the house be). Because before the neighbors have the same things happen property has given compensation, but this time we used to find the property they no longer responsible. Will the property is the responsibility of compensation? The prosecution to the court can give them compensation?

Answer: according to the relevant provisions of the "law of the people's Republic of China Tort Liability Act", your home sewers are upstairs mop jam and water loss, the infringer shall (will mop into the sewer men) shall bear the responsibility for compensation. The property has no obligation to compensate, depends on your property services contract, "property management regulations" article thirty-fifth "property services contracts should be on the property management matters, service quality, service fees, the rights and obligations of both parties, management and use of special repair funds, property management space, duration of contract, breach of contract responsibility agreement", if the property services contract agreed to the sewer jams cleaning duties, property companies should be compensation for the losses caused by the performance of the contract is not timely. But considering that you go out in the outside, mop plugging the sewer overflow water is not easy to be outsiders, the property company in this case shall bear the liability for compensation is not in line with the principle of fairness requirements. In general, even though there is clearly agreed property services contract, you demanded compensation request is not entirely will get the support of the court. (Liu Binbin Sina micro-blog @ lovely Cheshire cat)

 

3748, Hello, give a person installed a number of air-conditioning in arrears has been not to prosecute, years ago after a trial, the defendant and the prosecution right now, still no letter lawsuit hit half a year to now have not got the money, there are relationships between the government, so has been in drag, so we are not have no money? I to the intermediate people's court to make a phone call, let wait.

Answer: according to the provisions of the civil procedure law, the people's court shall apply the ordinary procedure: 1 case, the case shall be concluded within six months. 2 people's court trying a case on appeal, within three months after they have been placed on file in the second day. As the service time does not count in the case within time limit, the actual amount of time may be slightly longer than the law. The case has entered the people's Court of second instance procedure, I believe will soon have the verdict, the litigant's legitimate rights and interests will be protected by law. (Zhou Xudong, Sina micro-blog @ wing ice wolves)

 

The 3749, want to seek advice, if a person is a death certificate cancellation, can do accounts?

Answer: if the person is still alive, you can apply to the original residence to the police station to apply for restoration of household registration. The specific procedures consult the original domicile police. If the person is declared dead and cancel the account, you will need to apply to the court for revocation of the original sentence. (Zhou Xudong, Sina micro-blog @ wing ice wolves)

 

3750, I think it is a problem and I take the middleman landlord of the house gives middleman landlord 10000 transfer fee contract and the landlord signed think I rent can turn to now?

Answer: the contract agreement signed, binding on both parties. You do not have the right to unilaterally cancelling the contract at present, suggestions to settle through consultation. (Zhou Xudong, Sina micro-blog @ wing ice wolves)

 

3751, I was in Fujian Putian city. Last year to the Hanjiang District Court of Putian city about borrowing litigation has judgement, and the other is not to appeal court of appeal, the verdict should have come into effect. I contacted the defendant, the defendant requested the sentence, but not to answer the phone, I also send text messages to inform the. Now my question is, how can the sentence? If the defendant has been transferred property (refer to is not personally set account bank), which belongs to the scope of property can be enforced? Arrears of 40000, can apply for execution auction houses? Do not perform this or cannot be performed on the economic disputes, there is no life compulsory measures? Thank you.

Answer: 1, the other party refuses to perform the legally effective judgment, ruling, you can apply to the court for compulsory execution. 2, if you have evidence to prove that the other party in the ruling after the entry into force of the transfer of property to avoid malicious execution, may apply to the court for revocation of. If you have no proof, then the executable property is the other name property. 3, in accordance with the "Civil Procedure Law" article 242nd, by the person concerned refuses to carry out the obligations specified in the legal document, the people's court shall have the right to inquire about the deposits of the person subjected to execution units, bond, stock, fund, property. The people's court shall have the right according to different circumstances, freezing, seizure, proceeds from the transfer of the person to be enforced property. The people's court seizure, freezing, query, transfer, change of property shall not exceed the scope of the obligations to be fulfilled by the executor. So, the arrears of forty thousand, if there is no other property executive, theoretically can auction property. 4, in accordance with the "Civil Procedure Law" article 253rd, the person subjected to execution fails to during the judgment, ruling or any other legal document specifies the obligation to fulfill payment of money, he shall pay interest on debt during the delay in performance. In accordance with the "opinions" provisions of civil litigation, the parties in any of the following circumstances,

(1) the legal effect occurred in the legal documents, transfer, sale, hidden damage to property caused by the people's court, can not be implemented; (2) prevent or resist the people's court for enforcement by violence, threats or other means; (3) have the ability to perform and refuse to carry out the people's court verdict, legal effect the ruling, mediation agreement and payment order. The people's court may, according to the seriousness of the case, impose a fine on detention; constitutes a crime, shall be investigated for criminal responsibility according to law. 5, another similar prosecution, can apply for property preservation. (Zhu Xingye, Sina micro-blog @ xiangyanghua open that day)

 

3752, ask the two decision, has over the past two months! Other insurance companies has compensation is not in place and how can I do?

Answer: the other party refuses to perform the legally effective judgment, ruling, you can apply to the court for compulsory execution. (Zhu Xingye, Sina micro-blog @ xiangyanghua open that day)

 

3753, hello! I am a fan of you. I have a legal question. I rented a piece of land in Beijing 2004 cover plants, the town said recently that my house is illegal construction. Is based on the April 1, 2011 implementation of the "Beijing city banned a number of provisions of illegal construction". I have a question, is the building of 2004 2011, the administrative regulations can manage it. Thank you very much.

Answer: the regulations prescribed in article twenty-eighth: before the implementation of these regulations, the rural collective construction land has been built in rural infrastructure, public facilities and individual farmers in the original homestead has been built residential village, in accordance with the provisions should be planning permission without planning permission, but in accordance with the provisions of the village planning and construction license management and other construction project quality management, can be corrected within a time limit, improve the relevant administrative procedures. Advice the local government can improve the relevant formalities. (Du Hongtao, Sina micro-blog @ major Du Hongtao)

 

3754, pollution and environmental pollution is particularly serious. My family has many petitions, but also to the Environmental Protection Bureau complaints very repeatedly. I later learned that the environmental protection agency to live with the offender is the original relationship between friends, the leaders will find relations allow us both to solve the problem with a coordinated manner. The agreement signed, each other did not perform, strike violently also sang scold huai. Afterwards we go again Environmental Protection Bureau complaints also repeatedly to visit bureau petition is environmental protection bureau leaders to dodge . Environmental Protection Bureau of the leadership is not shirk responsibility, directly stand a document let us directly to the court. I would like to ask a lawyer, how do we do that?

Answer: according to the "noise pollution prevention law" twenty-fifth article "produce environmental noise pollution of industrial enterprises, shall take effective measures, reduce the noise impact on the living environment." Article sixty-first "by the environmental noise pollution hazard units and individuals, shall have the right to request the polluter to eliminate the hazards; if losses are caused, compensate for the losses according to law. The liability or amount of compensation may, at the request of the parties concerned, by the competent administrative department of environmental protection or other environmental noise pollution prevention and control work supervision and management departments, institutions for mediation; if the mediation fails, the parties may bring a lawsuit to a people's court. The party may also bring a suit directly to a people's court." The noise pollution, the harm has the right to require the noise emission of ease, eliminate noise pollution, such as restrictions on operation time, stop the night construction or use sound, silencing measures, if because of noise pollution damage, including strong noise vibration make the property damage caused by disease, or the economic loss, can seeking compensation for reasonable expenses. Since the fruitless mediation, you directly to a people's court. According to the noise pollution prevention and control law "or" sixty-second "environmental supervision and management of prevention and control of noise pollution, breach of privilege be forgetful of one's duties, play favouritism and commit irregularities, shall be given administrative punishment by the unit or the higher authorities; constitute a crime, shall be investigated for criminal responsibility according to law." The Environmental Protection Agency for personnel, to report complaints to their unit or the higher authorities, give him administrative punishment, then mediation. (Li Shufen, Sina micro-blog @ major Li Shufen)

 

3755, Hello, I would like to consult, rented the house from 7 to December did not pay property fees, property management office is how long have urge to property charges obligations?

A: Generally speaking, is the owner of the obligation to pay property costs, property charges collection is the property of the company the right, but not the obligation, whether the property company collection, the owners have to pay property management fees obligations, otherwise it may according to the provisions of the property contract to undertake responsibility of breach of contract. (Du Hongtao, Sina micro-blog @ major Du Hongtao)

 

3756Hello, I want to know about my work, the bath center in yellow, I give them the clock, if caught by the police to how to punish?

Answer: according to the seriousness of the circumstances, may be subjected to administrative detention, fines and criminal penalties. (Du Hongtao, Sina micro-blog @ major Du Hongtao)