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 4156th to 4184th legal consultation
 
"Major" legal aid platform Q & a record (one hundred and twenty-eight)
                
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:

4156, Hello, I'd like you to consult legal advice. So, our village has an asbestos factory near my house, he recently expanded scale new large machines, the production machine two or three meters away on my wall, usually producing dust is very serious, sometimes pungent, from yesterday those placed on my wall machine start to work at night, grinding stones, the noise level is too high, the surrounding residents simply can not sleep, my walls are cracked, see in front of the TV at the time the table is shaking, to the factory boss fruitless negotiations, the police didn't what for, I want to ask if we can by what means rights. Thank you in his busy schedule to answer my question

Answer: this kind of event is related to the legal issues of environmental protection. In accordance with relevant laws and regulations, set up a production enterprise shall obtain the project, the environmental protection approval prior to launch, you of the enterprise, can exist in two cases:

One is not to get environmental approval, is suspected of operating without a license, can be to the industry and commerce or related government departments complaints investigation, undocumented, can shut down, can also to the environmental protection department complaints about its atmospheric pollution.

The two is possible to achieve environmental permit, but not in accordance with the provisions of emission, this situation can be complaints to the environmental protection departments, requirements and. If the competent administrative authorities do not act, you can bring an administrative lawsuit, urging them to investigate. If the environmental permit but made the program illegal, can also through litigation, the revocation of the permit, then the requirements of its production and demand. (Wang Jinlong's lawyer, Tencent micro-blog @ Wang Jinlong law; Liang Peimin, Sina micro-blog @ Pei Pei Min Min)

 

4157, I lost my ID card in the local hospital on the evening of March 8th. Now in the Internet to see a lawless elements to take someone else's identity card to apply for bank loans and credit cards, ID I bring a lot of inconvenience to. Security officials told me lost identity card can not report the loss. I fear that others take my identity card to the bank for the credit card business and personal credit default to stain my, if the bank against me, how will I for their own rights?

Answer: (1) the current technology of lost ID card does not eliminate the information inside, but you don't have to worry too much. Want to apply for a credit card, bank card people review real identity information obligations, other people's identity card will not be easy to do the credit card, ID card and other people suspected of criminal cases, this will also give the criminals a certain deterrent.

(2) if someone really use your ID card, you know the situation, should be reflected to the relevant banks immediately or to the public security police. If the bank against you, others fraudulent use of identity can do card itself is the bank's own review caused by lax, so you don't have to bear the responsibility. (Su Congcong, Sina micro-blog @ Nanjing lawyer Su Congcong)

 

4158, Hello, excuse me, my friend, never graduated from University, work sales practice, not to sign the contract, in the fast pay said the day before, there is no performance this month, salary will not, that is for a month. This is how the prosecution. Wages are not many, only one thousand or two thousand, but directly to the confiscation of the solid unwilling, when entry is not clear. I don't know what to do?

Answer: 1, according to the "labor law" and the relevant provisions, the students do not meet the conditions of employment, does not have the establishment of labor relations subject qualification, students work study or internship and employer relationship does not belong to the "labor law" adjustment range, both sides have the salary dispute, the arbitration commission not accept.

2, the company with you friends both labor relationship is established, by the "general principles of the civil law", "contract law" on the protection of, rather than the "labor contract law" adjustment.

3, the suggestions and full consultation, after all, this is your friend's labor remuneration, companies do not give justified; it can to labor censorial branch is complaints, request supervision departments to coordinate; it really does not, then collect evidence such as there is no sign internship agreement or the school sent to practice, need to work., employee card, work records, sales list and related evidence to the court. (Chen Fucai, micro-blog @ Sina Financial Secretary CFC)

 

4159, Hello, help! My father because of the car accident was blackmail and impose exactions on each other, each other is not social mix, no injury to the person on the spot, the other five or six were called to the scene, and later in the hospital stress my father signed an agreement, request to fix the car except to give them 126000 yuan. This Agreement does not play any role in the law, but to take legal proceedings if we don't play with each other in private. Last night they go to my father. My father unit, alarm, the police station police can't handle, allowing them to negotiate. Then they took my dad, forcibly to the suburb woods cuff and kick. What do we do?

Answer: (1) when each person threatened to adhere to the police, insisted that the police.

(2) as the police is not processing, can be reflected to the public security organ at a higher level, but also can reflect to procuratorate, the procuratorate may request the public security organ that is not filed for, if not set, the procuratorate shall notify the public security organ to file, in addition, can also dial the mayor's hotline to reflect the way, through a variety of channels to safeguard their legitimate rights and interests. (Su Congcong, Sina micro-blog @ Nanjing lawyer Su Congcong)

 

4160, I in the village of a property auction purchase, the housing sold, the property was a childless old man, the old man by the Committee for support, the property belongs to the village committee, village committee rental, transfer, auction of the property rights. Now the old man by his relatives a nursing home for the house, how should I do? Thank you.

Answer: according to the "Regulations of the Supreme People's Court on the implementation of" Inheritance Law of the people's Republic of "opinions on several problems of fifth: the collective organization of the" Five Guarantees "to implement the" Five Guarantees ", both sides have the support agreement, according to the protocol processing; no support agreement, the requirements of inheriting the testator or statutory succession people, according to the testamentary succession or statutory succession process, but the collective organizations have the right to request the" Five Guarantees "expenses deduction. Now need to see how the five agreement is the agreement, if agreed clear, in accordance with the agreement; not agreed to the village committee, coordination of the matter, the village committee as the actual disposition of human property, have the obligation to solve the related problems, you can ask the housing all of the families and the village committee to coordinate and solve. (Du Hongtao, Sina micro-blog @ major Du Hongtao)

 

4161, Hello, excuse me if I long lent out the car to others, if the car accident, who should bear the responsibility? Thank you very much

Answer: because the vehicle leasing, borrowing situation all people and use are not the same person, after a traffic accident belongs to the motor vehicle party responsibility, the insurance company shall make compensation in motor vehicle compulsory insurance liability limit. Part of the problem, by the user of the motor vehicle shall bear the responsibility for compensation; the owner of the vehicle is at fault for the damage, assume corresponding responsibility for compensation. (Liang Peimin, Sina micro-blog @ Pei Pei Min Min)

 

During 4162, the marital relationship, one party because of gambling owe a debt (shall belong to the party's personal debt), the other party to a point from relatives and friends and their own savings to help each other to pay off debt, after his bad habits do not change, and the reasons for couples with, if the woman wants to sue for divorce, can require fault Party (the man) the woman to pay compensation of about one hundred thousand gambling debts? At the same time, the common property of the couple split when the woman can more? Because the man over there is not much property itself.

Answer: 1, "marriage law" judicial interpretation (two) of twenty-fourth and according to the provisions of China's "marriage law" in article nineteenth, if you can't prove you exist during the marriage property agreement, then the relatives and friends to borrow money, still exists as the common debts between husband and wife, the couple jointly and severally liable.

2, the debt is not protected by law in China, does not constitute a common debt, is the personal debt. The woman for man also gambling debts, to the recovery, but the burden of proof.

3, the man for gambling and other vices incorrigible, lead to the breakdown of marriage, is one of the court for a divorce. The two sides agreed to divorce is not successful, can go to court. According to China's "marriage law" and the judicial interpretation of the provisions, divorce, the joint property of husband and wife consultations between the two sides, the negotiation fails, the court decision in accordance with the principle of the rights of children and the woman. The woman's family pay more, at the time of divorce can request the compensation. (Chang Dandan, Sina micro-blog @ the way the -Dana)

　　　　

4163, Hello, buy clothes shops in Taobao global share that cannot be returned, this should not in conformity with the law? Especially the new method?

Answer: China's new law implemented in March 15th this year, please pay attention to your purchase time. 25 the provisions of new method, the operator by sales network, TV, telephone, mail order, consumers are entitled to seven days from the date of receiving the goods return date, without explanation, but the following goods except:

(a) for consumers;

(two) fresh perishable;

(three) online download or consumers opened the audio and video products, computer software and other digital products;

(four) delivery of newspapers, periodicals.

In addition to the goods listed in the preceding paragraph, according to the nature of the goods and other consumer recognition should not return of goods at the time of purchase, not for no reason to return.

The return of consumers goods should be intact. Business operators shall return the goods within seven days from the date of the return of consumer payment receipt of commodity price. Return the goods freight borne by consumers; operators and consumers have agreed, in accordance with the contract.

So, you Taobao buy clothes, if there are no other according to the nature of the goods and the consumers in the purchase confirmation should not return, seven days can be returned unconditionally, but you have to bear the freight. (Xi Ming, Sina micro-blog @ Ming Jing Xi Lin)

　　

4164, (Sina micro-blog DMS problem) for the accident resulted in the car I sit back a brain damaged, four ribs broken (including a rib is inserted into the lungs) a thigh fracture, has been nearly three months not clear speak, treatment costs by about 300000, many still need to future costs, we also can not be calculated, and how the court of appeal claims? For an ordinary family, medical expenses is a bottomless hole!

Answer: the traffic accident compensation project mainly include medical expenses, lost income, nursing fees, transportation fees, accommodation fees, hospitalization fee food subsidies, necessary, disability, including disability compensation, disability AIDS charges, was dependent for living expenses, as well as rehabilitation care, continue to the actual treatment of necessary rehabilitation fees, nursing fees, follow-up treatment costs. In view of the situation, the follow-up should also treatment expenses and other expenses. Can collect the existing cost of bills, medical records, according to the book that the responsibility of traffic accident, bring a lawsuit to the court, and apply for disability identification requirements, the perpetrators and vehicle insurance the insurance company for compensation.

Medical expenses, follow-up treatment costs, fees, transportation fees according to the rehabilitation of the actual and future expected expenses standard payment; make compensations in accordance with the parties to determine the time and income; have the relevant standard care, food subsidies and other parts of the nutrition fee according to the victim; disability with reference to the views of medical institutions to determine; disability compensation for the victim lose labor ability the degree or level of disability, in accordance with the seat of the court on appeal by the year of urban residents per capita disposable income per capita net income of rural residents standards or disability, the date according to twenty years. But more than sixty years of age, the age reduction for each additional one year old years; more than seventy-five years of age, according to five years. Was dependent people living under the support degree of loss of working ability, according to by the seat of the court last year, per capita consumption expenditure of urban residents and rural residents consumption expenditure per capita standard of living. Dependents were known to be minors, to eighteen years of age; dependents no working ability and no other source of income, the calculation of twenty years. But more than sixty years of age, the age reduction for each additional one year old years; more than seventy-five years of age, according to five years. (Du Hongtao, Sina micro-blog @ major Du Hongtao)

 

4165, (mailbox problem) Hello, three of my credit card a total of 40000 yuan in July last year by someone, promised monthly interest 3 points, is a verbal agreement. He paid a month later, not to others in September, disappeared, can not contact. What should I do? Alarm bar, do not know what reason? Also did not know the police accepted or not? Please give your reply, thank you.

Answer: first of all, the loss of my credit card, in order to prevent the occurrence of subsequent have overdraft behavior. Four times the agreed interest between you and the people's Bank is higher than the benchmark lending rate over the same period, the rate of unprotected. Both of you have a verbal agreement, and brush your own credit card, so for the loans, loan period, interest rates that are very difficult to identify, alarm the police are generally very difficult to accept. Need to contact the borrower, loan by recording were collected evidence may bring a civil action etc.. (Du Hongtao, Sina micro-blog @ major Du Hongtao)

 

4166, Jiao Jiao

The collision between two cars, a car driver who was running, the car did not run, again in the evening to accident, call, not the hit and run?

Answer: escape, exist in the administrative illegality and crime two kinds of behavior, refers to the behavior of people in traffic accidents, deliberately escape behavior.

Conditions after the traffic accident escaping three: ① there traffic accident facts; the traffic accident happened to the actor; the driver escaped the fact. After the occurrence of a traffic accident, behavior person if there is helping the injured and avoid the great loss of property duty, call fled the scene for a variety of reasons, after the accident, should also be identified as escape. (Xu Xiaodan, Sina micro-blog @ window painting Lake; Hou Ailong, Sina micro-blog @ Lanzhou lawyer Hou Ailong; Zhao Xiaobei, Xie Guangli, Sina Sina micro-blog @wowo19900318; micro-blog @ New Youth - from animal husbandry)

 

4167, good Phoebe

Hello, my house demolitions demolition directly, administrative case to do as the defendant? Or to the district government? Or others?

Answer: the demolition is the government's internal organs, so do not have the qualification of administrative subject, according to "the Supreme People's Court on several issues: the people's Republic of China Administrative Procedure Law > interpretation of" Twentieth second "administrative department or agency in the absence of laws, regulations or rules mandate, in his own name to the specific administrative act, the parties accept the lawsuit, shall be specified to the administrative organ for the defendant", should be sued the district government. (Hou Ailong Sina micro-blog @ Lanzhou lawyer Hou Ailong)

 

4168, Z

Hello big group, one case consultation for you, please, there are three companies the legal guarantee to bank loans, now a cosigner is dead, but his name with the fixed assets, the dead relatives asked lawyers to apply to the court, the other two all account frozen, I would like to ask the other two what legal method to safeguard their own interests?

Answer: the company and its shareholders have independent personality, if is the guarantee behavior in the name of the company's legal representative, death does not affect the company's rights and obligations. If it is in the name of a natural person guarantee, so when creditors require the guarantor to assume security obligations. The natural person with its legitimate share of heritage give priority to perform his obligation of guarantee. (Zhang Chuntao, Sina micro-blog @ major Zhang Chuntao lawyer)

 

4169, Chen Xuejun

Someone from the American imported seafood, in Fuzhou Mawei customs, customs formalities are supporting the money to the man, the man had the goods to the customs of cauda equina, for fear that this batch of goods detained for Tianjin, another person to help, that is to return the goods America, will this batch of goods from Mawei exit know from Tianjin port, Tianjin Tianjin Customs did not do, now who also had an accident, Tianjin Customs that the goods smuggling, has the detention, such as relatives do better?

Answer: the case of smuggling crime. According to the provisions of the criminal law, smuggling amount of tax evasion amounted to 50000 yuan, constitute a crime of smuggling, the party has been Xingju, probably amount reaches the standard of punishment, investigation. (Zhang Chuntao, Sina micro-blog @ major Zhang Chuntao lawyer)

 

4170, LH

Hello, I want to question about the housing question. I was in Fujian province Changle city Fuzhou where the dilapidated building reconstruction but without approval, it is illegal construction?

Answer: as long as not to the housing sector for the building permit, it is illegal construction, but each place has a reconstruction plan, if it is included in the reconstruction plan, can advance construction after completing the formalities. (Li, Sina micro-blog @ I love cool sugar)

 

4171, shareluoxw

A company president forged shareholding modification agreement will be more than 100 shareholders (employees) shares accounted for. In 2002 February changed ownership, but shareholders in 2008 was aware of his shares being encroached upon, in 2008 July the shareholders lodge an administrative lawsuit request Dongyang court to revoke the 2002 ownership changes, employee shareholder recovery. But the court in Dongyang a few months does not filing the case ruled. I want to ask is what remedy approach enables employees to restore shareholder identity?

Answer: can take measures are as follows: the Bureau for the defendants in administrative litigation, the court not to be placed on file, and has exceeded the appeal period, suggestions to the procuratorate for case filing supervision; the chairman for the defendant files a civil lawsuit, asking the court to confirm the equity transfer agreement is invalid. Attorney transfer to industrial and commercial bureau call option agreement, when necessary, apply for signature or fingerprint identity for judicial identification. A high probability of the success, more secure. (Hou Ailong Sina micro-blog @ Lanzhou lawyer Hou Ailong)

 

4172, Lei Jie

A friend to accompany the unit leadership to participate in the customer's dinner, a total of 6 people, of which the customer unit 4. My friend drunk after being sent to the hotel to rest, the next day was found to have been drunk death. The survivors and units and leaders have reached a settlement agreement, prepare to sue another 4 people were drinking together. Ask: the amount of compensation settlement agreement with the 1 unit in the affect it against 4 other people? The dead is the Tianjin city registered permanent residence, a child of 4 years old and over the age of 80, parents need support, survivors to 4 people claim 200000 yuan, may obtain the support of the court?

Answer: "excessive drinking together at the table of death, whether to bear the liability for compensation" problems in the judicial practice more, the practical processing also have different views. Judicial judgment documents refer to some place, provide the following suggestions for your reference:

1, according to the relevant provisions of China's "general principles of civil law" and "tort liability law", in the general tort behavior, as long as people try to be reasonable, careful attention obligations, even if there was a consequence of damage, can not ask the responsibility. Between the same seats drinker owed a duty of care, participate in the common meal drinking activities, a person appear dangerous or may be dangerous, other people have the duty of proper, the duty of care is appropriate to remind, at table with drinkers don't drink too much, appropriate to remind, at table with drinkers do not engage in vehicle driving and other dangerous operations, the most basic help, on the same seat drinkers care etc..

2, I should bear the main responsibility of the dead. As a person with full capacity for civil conduct, the best understanding of their own capacity for liquor, should know his drinking behavior control ability to reduce excess, may have health and life hazards, which are necessary to control and constraints on their behavior. If the same table who knew the physical quality is not suitable for drinking, leaving the possible consequences of the occurrence of words, with the seats of those responsibilities will be more.

3, the accompanying leadership to participate in the banquet, the department duty scope, the unit should bear some responsibility. The family of the deceased and the unit reached a compensation agreement, does not affect the other table to claim to the right of.

4, the specific compensation projects include compensation for death, funeral expenses, the cost of living was dependent,, mental solatium, families for funeral matters that transportation fees, accommodation and so on. The specific compensation standards refer to "explain" with relevant provisions of the Supreme People's Court on certain issues concerning the application of law in the trial of personal injury compensation case. ○ 1 compensation for death shall be the seat of the court last year for urban residents per capita disposable income per capita net income of rural residents standards or, according to twenty years. ○ 2 funeral expenses in accordance with by the seat of the court last year on the average wage of workers, for the sum of six months. Oh 3 was dependent people living under the support degree of loss of working ability, according to by the seat of the court last year, per capita consumption expenditure of urban residents and rural residents consumption expenditure per capita standard of living. Dependents were known to be minors, to eighteen years of age; dependents no working ability and no other source of income, the calculation of twenty years. But more than sixty years of age, the age reduction for each additional one year old years; more than seventy-five years of age, according to five years. In 4 mental solatium, will support some practice, the discretion of the specific amount of general court. In 5 the cost of transportation, accommodation, according to the specific bill. Please refer to the relevant local standards of calculation of compensation amount of the project.

5, both sides need to share specific responsibilities, will the court according to the specific situation of discretionary decision. According to the responsibility of the share, and then determine the amount of compensation. (Si Huali, Sina micro-blog @ law - Si Huali)

 

4173, Yan

The trial of a case, but is whether the court can not found does not notify the parties concerned of the case, hit Men Baoquan in the case, losses borne by whom?

Answer: the other party shall apply to the court for you is adopt measures for the preservation of property, property preservation before litigation can also can be in in the proceedings. According to the "PRC Civil Procedure Law" article 103rd, the preservation of property by other means, seizure, freezing or seizure of the law. The people's court attachment of property, should be the people immediately notify the property preservation. The court may not tell you to take preservation measures, but it should immediately inform the.

   If the preservation of your damage, may request the court for compensation. According to the "PRC State Compensation Law" article thirty-eighth, the people's court in civil litigation, administrative litigation process, illegal to take compulsory measures against obstruction errors, litigation preservation measures or order the judgment, and other legal documents, caused the damage, the claimant for compensation procedures, provisions of criminal compensation the program of this law.(Gao Shan, Sina micro-blog @ Gaoshan 0923)

　

4174, Dong Shaopeng

Hello, my colleagues and I just bought a BMW car, less than a week, the sky before high speed, the front right tyre burst. Now he felt should be problematic tyre quality, want to know to want to claim should be done?

Answer: the car's tires burst, except itself may have quality problems, but also with the actual use of the process of the use of the environment, the use of methods, so under normal circumstances, car dealers will declare the tires and no in the vehicle warranty range. Is the insured for the tire damage, alone, is not in the scope of cover. You mentioned new tire for a week, if you can determine whether you caused by improper use, combined with practical experience to deal with such problems, we suggest you to the Consumer Association for help, solve. (Wang Jinlong, Tencent micro-blog @ Wang Jinlong lawyers)

 

4175, 123456

Excuse me, if to the seller in paid treasure to directly transfer, but the seller has not delivered for questioning, and the seller, the seller refused shipments, chat screenshots, and other victims, but also by the language of threats and intimidation. Isn't this a fraud? No complete to the sale agreement, and to stop selling, and not to return the costs to the consumer, and the sale of goods is not copyrighted, by the seller to buy from him, and two times sell, but not sold, but claimed that all is the exclusive goods. Why? Whether the specific legal provisions apply to that.

Answer: 1, in accordance with the Taobao trading rules, the buyer payment, the Seller due to their own reasons (such as the fear of subsequent get bad review etc.) unilaterally refuse the shipment or stop shipment (such as unauthorized recall has been issued but not delivered goods), according to the following process: 2 see http:// service.taobao.com/support/knowledge-1119776.htm spm=0.0.0.0.JdyRqD, apply for a refund?.

3, according to the relevant laws and regulations, at the same time for the shop and taobao.com responsibility. (Liang Peimin, Sina micro-blog @ Pei Pei Min Min)

　

 

4176, wing

Hello. I want to ask, if the A limited to the B limited equity to a transfer to the natural person involved C. the behavior of tax payment is how? Mainly is the natural human C required to pay?

Answer: 1, the transfer of equity mainly relates to the stamp tax, personal income tax and corporate income tax.

2, the tax payment obligation is the transferor and the transferee, so the tax to A company and natural person C, paid according to the amount of the transfer of ownership of 5/10000.

3, the payment of personal income tax obligations is the natural human C, required to pay tax for (equity transfer price of equity cost of tax - related stamp duty) *20%.

Need to pay attention to is, you said the $1 equity transfer may involve a parity, low-cost transfer of tax policy issues. According to the relevant provisions of the tax policy, the declared tax basis is apparently low (such as parity and low price etc.) without a justifiable reason, the competent tax authorities may refer to the net assets per share or individual shareholders equity ratio of net assets share approved.

(1) in one of the following situations without a justifiable reason, can be regarded as the tax basis is apparently low: 1 to declare the equity transfer price is lower than the initial investment cost or below the equity payment and tax declaration; 2 of equity transfer price is lower than the net asset value of 3; declare the equity transfer price is lower than the the same or similar conditions of the same enterprise with a shareholder or shareholders equity transfer price; 4 to declare the equity transfer price is lower than the price of the same or similar enterprises in the transfer of ownership under similar conditions; the other 5 cases identified by the in charge taxation authorities.

(2) justification refers to the following situations: 1 investment enterprises for three consecutive years (including three years) loss; 2 due to the adjustment of national policies and low-cost transfer of 3 equity; equity will be transferred to your spouse, children, parents, grandparents, grandparents, grandchildren, brothers and sisters, Sun Zinv and on the transfer of people bear the direct dependency or duty of bringing up or support; other reasonable case 4 to the competent tax authorities for confirmation.

(3) the declared tax basis is apparently low without any justifiable reason, can adopt the following methods: (a) approved the corresponding reference to the net assets per share or taxpayers enjoy the ownership share of net assets and equity transfer income. (two) on the same or similar conditions of the same enterprise with a shareholder or shareholders equity transfer price of equity transfer income. (three) on the same or similar industry enterprises equity transfer price of similar conditions approved equity transfer income. (four) have objection to the approved method for taxpayers to the competent tax authority, it shall provide relevant evidence, that the competent tax authorities after is true, can adopt other methods approved by reasonable.

4, the enterprise income tax payment obligation is the transfer of A, required to pay tax for (equity transfer income - tax cost of equity - related stamp duty) *25%.

Note: the corporate income tax rate is 25%; eligible small low profit enterprises, reduced 20% enterprise income tax; the country needs to focus on supporting high-tech enterprises, reduced to 15% enterprise income tax. (Chen Fucai, micro-blog @ Sina Financial Secretary CFC)

   

4177, drifting further and further away

In a standard case, the string organizer twenty thousand yuan favour fee, bidding the organizers offer, to assist him in the bid, now, I will be how to deal with?

Answer: as you said, can be determined, the tendering and bidding results shall be invalid. In accordance with the provisions of relevant laws, the relevant responsible units can be the sum of the winning project more than 5/1000 below 10/1000 of the fine, the persons who are directly in charge and other directly responsible personnel at the penalty amount of five percent units more than ten percent of the fine; have the illegal income, shall be confiscated; if the circumstances are serious, the cancellation of the qualification to participate in bidding in accordance with the law a project must be subject to tender for one year to two years and shall make an announcement, to the administrative department for Industry and Commerce shall revoke its business license; constitutes a crime, shall be investigated for criminal responsibility according to law. If it causes losses to others, shall bear the liability for compensation according to law. (Wang Jinlong, Tencent micro-blog @ Wang Jinlong lawyers)

　　

4178, just

Hello. Have a question to ask you, I and girlfriend lived together for three years, running a store, because of the contradiction to break up, please, we in this period, property and debt how segmentation, we did not sign any agreement or document

Hello. Have a question to ask you, I and girlfriend live together three years, running a store, because of the contradiction to break up, please, we in the cohabitation period, property and debt how segmentation, we did not sign any agreement or document

Answer: "the Supreme People's Court on the trial without marriage registration office and several opinions" in the name of cohabiting couples living cases prescribed in article tenth, the cohabitation between , cohabitation period both income and purchase of property, according to a as common property processing. What is the "common income", is generally believed that the formation of cohabitation on both sides were "common property income" must have two conditions, one is double party together, this forms the basis for common relationship; two is a common labor , operation or management, which is the prerequisite for total system. Only with these two conditions at the same time, to constitute the common income, otherwise it shall be regarded as personal income.

Cohabitation both sides to reach agreement on the division of common property, according to the protocol processing; not can reach an agreement in principle by the court according to law, the equal division. At the same time, "the Supreme People's Court on the trial without marriage registration office in a number of opinions" name of cohabiting couples living live cases prescribed in article eighth, segmentation cohabitation property acquired during the , should take care of women, children's interests, considering the actual situation of property, and the two sides of the fault to segmentation; eleventh provisions, cohabitation period for the co production of , life and the formation of credit and debt, can be treated as joint credit, debt; the provisions of article twelfth, a party in the common life during disease did not cure, divided cutting property, should be properly taken care of, or by the other party to give a one-time financial assistance. These Provisions are other factors of property should be considered. (Yuan Shuai, Sina micro-blog @ o, O yuan)

　　

4179, ":! "

Hello. I want to ask, premarital agreement, we were married in 2011, when a prenuptial agreement, agreed after marriage property sub half of her. Now due to discord, must divorce, I would like to ask, if divorced, my real estate be divided half her property is, before I got married parents financed the purchase, the property permits only my personal name, after marriage, though a prenuptial agreement, but not her name added to the property permits.

Answer: prenuptial agreements you've signed is effective. But according to China's "marriage law" provisions of article sixth, before or during the existence of marriage, the parties agreed to a party all the property of the other party, the party in the gift property registration before the revocation of the gift, the other party to fulfill the request of the ruling, the people's court can be processed in accordance with the provisions of the contract law article 186th the. (Law of contract 186: the donor may revoke the gift before the gift property rights transfer. With relief, poverty alleviation, social welfare, moral obligation nature as a gift or a notarized contract grant contract, the provisions of the preceding paragraph does not apply.)

You and the woman a gift contract, but did not apply for housing property registration, you can prior to revoke the gift. (Chen Jing, Sina micro-blog @1232 Chen)

 

4180, Zuo Qing

Hello, I would like to inquire about the vehicle thing, my brother is automobile company, employees to purchase a car thirty percent off, my brother joined the company did not qualify to buy, I would like to use his colleagues places to help me buy a car, but they required a year later to transfer, I'm going to pay all costs of vehicles to my brother colleagues to buy a car, this year the vehicle I use, transfer to me after one year, I want to sign a deal with him: purchase a car agreement Party A: ID number: Party B: ID number: in line with the principles of fairness and justice, both parties voluntarily reached the following agreement: B all provide purchase a car costs (purchase a car, vehicle purchase tax, insurance, licensing fees to Party A's purchase of DS5 (No.:) to the body, engine No.:), vehicle ownership and the right to use return. 2015 July Party A to the transfer of vehicle ownership transfer to Party B, the Party B shall bear the cost of. The car vehicles using the generated traffic violation, debt, economic disputes shall be borne by Party B, Party A shall not bear all the costs after the car back vehicle and vehicle. Is this agreement has the legal effect? To ensure my interests?

Answer: can not guarantee his rights, at least signed three contracts, respectively is the loan contract, the pledge contract, the contract for the sale of specific vehicle, the contents of the contract, recommendations for the lawyers drafting. Li Runbing.

　　　

4181, love my Bai Xi

I bought a set of shops in 2009, the developers did not give the property permits, at the end of last year in my strong request, developers will let me pass signed network contract, the right to use the land less than 14 years, with the leasing of land as the basis for developers compensation about 200000, go to the local court, but the court did not for the case, the judge said, the loss is not obvious, can not be defined loss, consult a lawyer, how to do such a thing? Is 14 years less so little? Very confused, now shops, developers and we signed the rent agreement, less than 20000 per year rent, 14 years how much ah?

Answer: according to the "PRC Civil Procedure Law" the 119th regulation, the prosecution must meet the following conditions: (a) the plaintiff is a citizen, legal person or other organization that has a direct interest in the case; (two) a definite defendant; (three) a specific claims, facts, reasons (; four) belonging to the people's court accepts a civil action range and governed by the people's Court of appeal. From your description, your action in line with the above provisions, the court shall file.

Suggest you will sue to the court by the court material, inquires about the case in the case review after the expiration of the period, such as the court refused to register, provide mail documents to the procuratorate, procuratorate supervision requirements

On the other, the court really is not easy to accept, because the land tenure is to obtain land use rights, from the developers from the calculation, as developers build housing owners, the remaining years of use, this should be analyzed before, if developers did not reach any agreement on the term of land use rights, not the court accepted the possibility. (Lanzhou lawyer Hou Ailong Sina micro-blog @ Lanzhou lawyer Hou AilongDu Hongtao micro-blog @ Sina. Du Hongtao)

 

4182, the son of Ren Xuan

Hello, I am a labor contract has not been signed since the entry, now has a year and a half, according to the provisions have been automatically enter the non fixed labor contract period, but still didn't sign the paper version of the contract. Q: now can not sign a paper contract, I declared a unilateral lifting of the labor contract, and requested compensation?

Answer: first of all, your information only say have not signed a paper version of the labor contract signed, if there are other forms of labor contract, the employer is not illegal employment. If there is no sign of any form of labor contract, you can claim 11 months double pay, secondly, because employers illegal employment, you can terminate labor contract and claim economic compensation standard, as you are in units of length of service, a full year compensation pay a month, more than six month but less than one year, according to a year, less than six months, half a month salary compensation. (Sun Weijie micro-blog @ Sina. "- Sun Weijie)

 

4183, from the water film

Consulting a question to you, is such a case: in addition to report criminal cases, victims are excluded from the procedure, there is no return, the fine punishment has not implemented, not, even the court without notice to attend, finally, even if the back of the spoils perform fine also that not easy to judge, the victim the book, the compensation cannot be enforced, want to take civil action, the court also to non bis in idem refused to register, this how to remedy?

Answer: the rights of victims in criminal proceedings are damaged, may apply to the procuratorate of complaints; if there is no mention of supplementary civil action in criminal proceedings, may bring a civil action shall be. (Zhou Xudong Sina micro-blog @ wing ice wolves)

 

4184, wing

Hello. I was in the Micro message cases consulted, the question is about A Co. Ltd. for 1 yuan to the transfer in B stake in the company to the natural person C problem. Stamp duty and A you mentioned the enterprise income tax I agree, thank you. Just as tax problems C want to talk to you and ask. C as the transferee needs to pay personal income tax? Excuse me, what is the legal basis can I study? I see said in an inspection bureau website, if the transferee is a natural person, the talent is the personal income tax withholding obligations, if the transferor is the enterprise, only to pay enterprise income tax, the transferee need not pay tax. So, want to ask you, please forgive me.

Answer: the people are required to pay personal income tax, has nothing to do with the assignor, regardless of the transferor is a natural person or situation. Legal basis: "the provisions of article second ninth personal income tax law", the income from personal property transfer tax. "Personal income tax law implementation of the provisions of article ninth regulations" of eighth, equity transfer income is income from transfer of property project. If you see information about the inspection bureau website, may telephone to ask. (Chen Fucai, micro-blog @ Sina Financial Secretary CFC)

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