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 3703rd to 3715th legal consultation

 

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

                

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:

3703, a melon seeds

I went to the open eye plastic surgery hospital,, cut double fold eyelid, have failed, how to do?

Answer: between you and the plastic surgery hospital should sign a contract, if the plastic failure, did not reach the expected effect of the contract, or cause other adverse effects on you, you can according to the requirements of the contract hospitals bear the liability for breach of contract. (Si Huali, Sina micro-blog @ law - Si Huali)

 

3704, Lu

Excuse me, I want to change the name, but I changed her name's friends said, in the Public Security Bureau, never mind is hard to change or not change! Our house is peasant family, never mind, it should go which way?

Answer: 1, "general principles of civil law" ninety-ninth stipulates: "citizens shall enjoy the right of name, have the right to decide, and legally change his name, the interference of others, theft, counterfeit prohibited." "The people's Republic of China Household Registration Ordinance" article eighteenth: "citizens to change the name, comply with the following provisions: first, under eighteen years of age who need to change the name, or by my parents, adoption agencies to apply for household registration to change the registration; two, more than eighteen years of age who need to change the name, from my account to the registration authority for registration of change." Article seventeenth: "registration need to change the content or corrected, declared by the head of the household or my account to the registration organ; household registration authorities after examination and verification shall be changed or corrected. When necessary, the household registration authorities think, can obtain the relevant changes or corrections are shown to the applicant."

2, has one of the following cases, the client application, can name registration: the husband's surname women get rid of her husband's name, or the name's to monks, nuns, priests; and secularization, name change name; name containing the public is not easy to identify the Leng Piwen word; the connotation and the Mandarin name homonym is not in conformity with the principle of public order and good custom; and a range of city residents or within three generations of close relatives of the same name easily misleading; adoption dissolution, restore the adoption before the use of the name or the name of the former; the meaning is easy to cause misunderstanding of the gender characteristics; demands change to China chemical name foreigners joining Chinese nationality; minors under 18, did not change the name, the guardian's consent, you can change the name (more than 14 years of age shall obtain the consent of the school agreed). Citizens about the name change in other circumstances, you can go to the local police station to the household registration department asked with.

Police station residence branch 3, you can go to the location of the residence, to receive the application form, ask the necessary information and submit, after approval can be renamed. If you have a justifiable reason to modify the name, the public security household registration authority does not act, you can complaint to the superior public security organs in accordance with the law, reflect. (Si Huali, Sina micro-blog @ law - Si Huali)

 

3705, Simon

What is the courier industry seven times compensation based on?

Answer: you express seven times compensation which is about the express cargo damage, loss for non insured buyers express industry will get the format terms not to exceed the maximum freight seven times. It belongs to the unilateral exempt from responsibility, is invalid. In accordance with the relevant provisions of the "postal law", express shipping Express loss, the compensation shall be applicable "contract law" and other relevant civil laws, express service contract is similar to the contract of carriage of goods. According to the relevant provisions of the "contract law", the carrier for the transport of goods in the process of loss of damage, shall bear the liability for damages; if the parties have agreed, in accordance with the agreement; there is no agreement or the agreement is not clear, in accordance with the delivery or delivery of goods shall be at market price. (Li Jie, Sina micro-blog constitutional citizen)

 

3706, Wang Jian

For years my mother died, his father a person live in rural areas to build their own house, feel lonely had an aunt. At present, two people have the marriage license. The aunt has a son and a daughter, have been working! I want to ask is: whether the 1 our existing property that aunt has the right? 2 if one day, my father and my aunt is divorced, have the right to obtain our home part of the original property? 3 if the aunt died first, then the aunt's children are our family property inheritance? 3 when my father died first, then the aunt have inherit our original property rights, if she would inherit?

Answer: 1, belong to your father premarital personal property, such as before the house, your father's property, personal property still belongs to your father, aunt not entitled. But after marriage, your father during the marriage wages, investment income, investment, pay part of your father and aunt in premarital property, are the common property of the couple (according to your description, the part of the property should rarely), aunt is entitled to.

2, if the divorce, premarital personal property is part of your father, have been as aforesaid, aunt have no right to demand the segmentation; but the joint property of husband and wife of aunt, have the right to obtain.

3, in the same way, aunt if you died, your father premarital personal property, the child has no right to claim inheritance. But the aunt and your father common property, should be segmented first will belong to the aunt's part, was inherited by your father and aunt of the child.

4, if your father died first, should first to aunt and your father's husband and wife common property division, will belong to the aunt aunt was in part by. Segmentation to your father's part on your father's premarital personal property as your father is the legacy of the aunt, and you (that is, the children of your father inherited).

5, suggested that appear above situation, try to negotiate, to aunt a considerable number of property, in order to avoid unnecessary disputes. If the negotiation fails, can sue to the court, the court treatment basis is above 4. (Zhu Xingye, Sina micro-blog @ xiangyanghua open that day)

 

3707, Maryy,

I would like to ask a driver to help us pull water halfway out of the traffic accident in the car crash is the car he bought not sign any contract in a transport contract relationship in human we willing to offer little solatium he too open one's mouth wide to ten also ran to the door blocked. Our production so what should we do?

Answer: first of all, it is clear the driver your employees or workers, transport contract relationship or just exist? If is the employment relationship, according to the provisions of the tort law, the two sides need to depend on their own fault shall bear the corresponding liability. If only the transport contract relationship, so the driver's death has nothing to do with you. (Liu Fanggang micro-blog @ Sina just 18 degrees)

 

3708, Zheng Xiang

Advisory: my friend open salon in Jinhua (prostitution), opened in June 2011 when a waitress, August to October, another one, in December the same year was the police arrested, currently set the organization prostitution crime. Question 1: the case be what? 2: the organization prostitution crime to the time should be in June or October? 3: prostitution number is starting from June or October?

Answer: according to the "PRC Criminal Law" to the relevant provisions of the crime of organizing prostitution, prostitution organization for more than three people to constitute a crime. In this case, to 2011 October is to constitute the organization prostitution crime. But in 2011 June to 2011 October, his behavior has violated the provisions of the criminal law in prostitution crime, therefore the case of suspected of violating the criminal law stipulation two charges. Prostitution prostitution times since the beginning of June, and the organization prostitution prostitution times since the beginning of October to calculate.

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 @ bridge -Bridge)

 

3709, Wu Bin

Major friend hello, I want to ask a question. Such is the case, my relatives ran a stainless steel enterprises in Zhejiang Ningbo, a good company. In 2011, 4 stainless steel processing enterprises in Ningbo, United Company, good company, and the company, Kang Hong signed a protocol. In recent years, business volume reduced by about 30%, and in March 26, 2011 the 4 processing enterprises in the parties signed the agreement, UCO company exit stainless steel processing business, the transition of rolling shaped steel or carbon steel (other than stainless steel), the remaining three enterprises according to the size of the total capacity to give UCO company transition delisting of the compensation for 10000000 yuan, and the annex agreement. But United Company received compensation, the equipment will be 18000000 yuan to the price sold to the overall Jiangxi Kang Xin company in January 2, 2012, the Ningbo stainless steel processing market impact, so good company and United Company representations, but many companies argue can be sold, for this request for the fourth party agreement "(UCO company) have production line shutdown shall not continue to operate in the Ningbo market, or removal of sale, or moved to other areas" understanding. According to the agreement, the production line can be sold?

Answer: according to the relevant provisions of the civil law of our country, the true meaning of freedom of contract is protected by law. In this case, the "Party of the first part (UCO company) have production line shutdown shall not continue to operate in the Ningbo market, or removal of sale, or moved to other areas" in terms of understanding, I think we should make the following considerations. First, according to the purposes of this agreement, entered into an agreement aimed at reducing the Party (United Company) in Ningbo stainless steel processing market influence. Second, Party A according to the contents of the agreement "delisting" has less competitive effect, and Party A shall faithfully perform the agreement. Third, according to the annex to the agreement content is the disputes clause, is the fundamental purpose of guaranteeing the main agreement, should be restrictive interpretation. On the contents of the three paragraph of clause in: 1 shall not continue to operate in the Ningbo market, safeguard the Party (United Company) to reduce the objective in Ningbo stainless steel processing market influence. 2 removing powder to sell, but also to protect the reduction of Party A (UCO company) for this purpose in Ningbo stainless steel processing market influence. 3 the relocation to other areas, also to protect the reduction of Party A (UCO company) for this purpose in Ningbo stainless steel processing market influence. Fourth, Party A (UCO company) production line will be sold to the overall Jiangxi Kang Xin company is not in violation of the agreement (unless Jiangxi Kang Xin company in Ningbo stainless steel pipe processing market expansion services).

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 @ bridge -Bridge)

 

3710, Aixinjueluo Xian Xian

Advisory: grandma and grandpa had two men and two women, a grandfather willed request after the death of assets owned by the two sub divided, the daughter has no right to claim. This will have the attorney and witness, issued by the hospital related spirit, by the notary public notarized and recording carved disks. One can ask Grandpa would share assets after death?

Answer: after a notary agency for a notarial will, one has no right to claim inheritance. (Zhu Xingye @ xiangyanghua open that day)

 

3711, the Y Z R\ (^o^) /YES

That I want to prosecute criminals, because the cost of hospitalization, the severity of the doctor said may have sequela, what to do next. There is also a public security organ for a forensic after judgment, does this injury and disability rating is how a identification method, can help me point data? Thank you

A: on the problem of civil compensation caused by the criminal crime, consultation fails, you can bring criminal incidental civil lawsuit filed a claim or separate civil litigation. Disability identification can wait for the court case, to apply to the courts for disability identification, the identification result is very important, is generally the court the basis of compensation. According to the judicial authentication opinions issued by the judicial authentication institutions, including the follow-up treatment expenses, compensation for the project. If you have and the other a good negotiation, consent, may also entrust the judicial authentication institutions disability identification after the prosecution to the court. Identification of otherwise you unilaterally, other proceedings may not be recognized, asked to identify. The specific compensation project as "the Supreme People's Court on the trial of personal injury compensation case applicable

The relevant provisions of the interpretation of the law "in, please read carefully. (Si Huali, Sina micro-blog @ law - Si Huali)

 

3712, Shen Tian

I would like to ask me riding a car, just get off, turn into the cart, my bike bumped, or cart bumped,,,,, cycling and cart hit what is different, the same?

Answer: should you look at what the road, there is no violation of traffic rules, the specific responsibility according to the traffic police issued accident responsibility confirmation. Without knowledge of the case, the difference in cycling and cart not good answer. (Zhu Xingye, Sina micro-blog @ xiangyanghua open that day)

 

3713, Tang Chuandian of Hainan Tourism

My friend introduced a tourist group to me, I did not sign the contract, the mission section is their private transfer my account, the tour process costs are my payment, I opened a company's travel invoice to the other account. I would like to ask us constitute embezzlement?

Answer: according to the regulations, article 271st of the criminal law, will you group deposit personal account, and issue invoice behavior, is actually the embezzlement behavior of a job, have been suspected to constitute the crime of duty encroachment. Whether to sign a contract, and who paid the cost of job occupation will not affect the establishment principle. (Liu Fanggang micro-blog @ Sina just 18 degrees)

 

3714, the Karura

Excuse me: my home is the sale of second-hand housing disputes First Instance sentenced to house the transfer to the buyer, but I had to appeal to the high court has formally accepted, after the first instance court mediation fails, the court full court judges also telephone asked whether reconciliation, but because the buyer does not want to buy my house, so far no and solution the district court, but the court again I posted on the door of a conversation, but a left contact turned out to be a personal mobile phone number, if it does not comply with the prescribed procedures? I can't ignore this ticket? Should be how to deal with?

Answer: according to the "Civil Procedure Law" 206th stipulates: "in accordance with the procedure for trial supervision of retrial case, ruled that the suspension of the original judgment, ruling, the conciliation statement execution, but the recourse of alimony, maintenance, upbringing, pension, medical expenses, labor remuneration as a case, may not suspend execution." Normally, your case retrial after the acceptance of the application, the court should have ruled that to stop the execution of the original judgment. Therefore, you can continue in accordance with legal procedures to participate in litigation, the executing court summons, you may ask, if it involves enforcement matters, you can request a case of hearing. (Du Hongtao, Sina micro-blog @ major Du Hongtao)

 

3715, static win-win

I'm looking for a distribution sites on the Internet, investment of seven thousand or eight thousand, but after joining not as good as they say, over the past two or three months didn't sell something, think of the distribution is not reliable, how can I ever investment money back?

Answer: from to give you the information, you join distribution website belong to your investment, unless you joined to negotiate the status of each other using the information asymmetry between the two sides in the process of cheating on you, you can cancel the contract to demand compensation for your loss. Such as distribution website that high returns and low risk, fictional performance etc.. Otherwise your investment is difficult to retrieve.

  The franchise business in general are agreed "cooling off period", is the contract agreed by the parties to join a party may unilaterally terminate the contract without stop. If you have a calm period agreed with distribution website, can use. Investment need to be cautious. (Lin Jianan, micro-blog Sina @TIMKOBE_wg5)