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

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 3716th to 3721 legal consultation

 

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

                

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:

3716, Wei Hanshi

Hello, ask you a question of law. A person deliberately fights to private, the inspection appraisal for the slight wound, but the victim refused to private and alarm, injuring party thrown into the police station, after coming out, the victim and offender in court. I would like to ask the police to court the defendant in custody to request the compensation will not repeat the punishment? Or just compensation for medical expenses can be? Looking forward to your reply, thank you

Answer: alarm detained, to violate the "Public Security Management Punishment Law" punishment, belongs to administrative detention; the victim can request the court, tort damages, civil liability, not repeated punishment. The scope of compensation in medical expenses, if there are other aspects of the damage, do not rule out other possible victims litigation request. (Zhu Xingye @ xiangyanghua open that day)

 

3717, Wang Yundong

Teacher: . Micro-blog I have been your fans. I was just graduated students, to work for half a year. Trademark infringement dispute I received the "YISHION" clothing recent summons. Asked me to pay 520000 yuan. This is how the story goes, in March last year, I registered a shop in Taobao, distribution agent. In order to attract popular keywords in the title, I Taobao use "YISHION", "YISHION", "YISHION style" of the word, baby pictures did not appear in the YISHION trademark. I bought some clothes, in fact is the trademark for "type a" cool "a good product" tide "retrograde men" these brand. Customers receive the clothes are also more than three tag, and not the "YISHION" label, only those containing the title. Two other students and I also received the same. We are very afraid, do not know how to do. How to deal with the. we don't buy copy, is simply another trademark, clothing label is also reflected, but baby Title Keyword contains "YISHION". Teacher Xu, I request you to give me some. We are afraid of compensation, because now is not so much money to pay for. Dare not tell parents, they had found a bear. Teacher Xu, looking forward to your reply. Thank you very much. sincerely

Answer: according to the provisions of the trademark law and its implementing regulations, YISHION is a well-known trademark, the trademark protection than other registered trademarks to be more strict. Your behavior is a kind of commodity packaging behavior, has alleged infringement. As for how much compensation, according to the real profit you and actual losses caused to the other. Of course, not the case may or reconciliation. This case is general will mediate, my advice is to hire professional lawyers aspects of intellectual property rights to provide legal service for you. (Liu Fanggang micro-blog @ Sina just 18 degrees)

 

3718, red meat

Hello, I'm with the work unit to sign labor contract after three years, because of the training and signed training agreement, the work of 6 years according to the training costs, but this contract expires and I don't intend to renew a contract. Do I need to pay?

Answer: according to the labor contract law, the contract is attached to your service period in terms of the contract, on the expiry of the contract, 30 days in advance written notice to the employer can terminate the contract, does not require compensation. But if the resignation in the service period in accordance with the needs of your actual fails to perform the length of the contract liquidated damages. (Liu Fanggang micro-blog @ Sina just 18 degrees)

 

3719, Ennis

I live in a rented house life friends, and real estate conduit company in my situation and I the lessee is not informed without reason I received the house swept away all property. That night I and the lessee to the company to discuss that he says is the neglect of their work should have been copied my next door neighbor, the copy of my home, to us tomorrow to discuss compensation. Second days we used to find the company claims the company but the wicked to complain without tenant to sublet the said house to me we default first no compensation. What should we do?

Answer: the conduit company without permission to enter the house to house searches, article 245th of the criminal law has been suspected to constitute the crime of housebreaking, for losses, according to the provisions of the tort law, it shall pay, apology. But if relet does not affect the crime and the establishment of infringement. For their criminal behavior, you can select the alarm processing, can also collect evidence directly to the court. (Liu Fanggang micro-blog @ Sina just 18 degrees)

 

3720, CY

Hello. We have a lot to do part-time job, I would like to ask: is not related to the law on the protection of the ah? Or do we need to sign the contract?

Answer: college students to do a part-time job is worth affirmation, but in time process must have a stronger awareness of the law, to protect their rights from infringement. To their legitimate rights and interests from unnecessary damage, college students part-time should sign the contract. The contract, generally identified as labor contract in practice, different from the provisions of the labor contract law labor contract, to protect but still by the labor law and the contract law. (Liu Fanggang micro-blog @ Sina just 18 degrees)

 

3721, ^_^ Guolingdingyang

I and unit labor contract was due to expire in April, and 13 years in August to unilaterally terminate labor contract certificate issued by me, this proves no consent, no signature, the court may according to the said agreement terminate? In order to improve the percentage of units cancelled three times the legal holiday pay, is it legal? I Jilin is an ordinary worker, request help!

Answer: according to the labor contract law, unit to unilaterally terminate labor contract with, shall meet one of the following conditions: in the probation period proved to be inconsistent with the conditions of employment; a serious violation of the employer's rules and regulations; serious dereliction of duty, engage in malpractices for selfish ends, to the employing unit to cause significant harm; and establish labor relationships with workers other units, a serious impact on the completion of the work unit, or by the employer, refuse to correct it; to fraud, coercion or fishing, the units in violation of the true meaning of the case to make or change the labor contract is investigated for criminal responsibility according to law. In addition, the employer can only take notice of termination of labor contract, or the employer suspected of violating the labor contract law. Mandatory provisions of units in cancel the legal holiday 3 times wages in violation of the labor contract law, illegal. The workers have objections, may apply to the complaint, can be in after 1 years of labor arbitration institution of the labor arbitration, the arbitration, received the award at the date of the local court within 15 days. (Liu Fanggang micro-blog @ Sina just 18 degrees)