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This is the answer of 3892nd to 3910th legal consultation

 

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

 

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:

3892, listen to the sound of your voice

Hello. I would like to ask! yesterday morning I open a motorcycle crashed into a middle-aged! The woman sit on the ground without up! To alarm! The police came, took my car to buckle! Now the woman lying in the hospital! now how should i!

Answer: after the police, traffic police team to the traffic accident responsibility identification, general ten days you can get "responsibility book", "responsibility book" issued after you can mention cars. For the issue of compensation, can be resolved through consultation, if the consultation fails to bear the responsibility, according to the "book" that the proportion of responsibility. (Su Congcong, Sina micro-blog @ Su Xiaoxiao astute lawyer)

 

3893, Chen Chen

Armour died in 2005, was left with a set of housing, in 2014 for the notarization, by his spouse and daughter (b) common inheritance. B's husband died in 2009. Q: in 2014 for the right to inherit, B to inherit property ownership from 2005 a death, or confirm the achievement in completing the right of inheritance notary book? Whether the property B inheritance belonging to the joint property of husband and wife? If yes, what is the basis?

Answer: 1, according to the inheritance law the second regulation in China: succession begins at the death of a citizen. So a property from its death, inherited by his heir apparent and testamentary successor in order. As for the inheritance of housing ownership acquisition time, the controversial, it is according to the "property law" the provisions of article twenty-ninth, due to inheritance or bequest, inheritance or bequest from the beginning take effect. Therefore, in the absence of a clear successor case, B should be from a after the death of a spouse, and enjoy the ownership of the house.

2, whether to belong to the joint property of husband and wife to see whether the decedent premarital property, if is the premarital property, belong to the individual property; if not premarital property, generally belong to the joint property of husband and wife. Also note that if the marriage gift, but wills or grant contract specified for either husband or wife only property, is a party to the husband and wife property

(of law: the marriage law of our country stipulates that the seventeenth: the following property, the couple acquired during marriage in both the husband and the wife: (four) the inheritance or gift from the property.) (Wang Jing, Sina micro-blog @ judicial aspect)

 

3894, sharp flowers

Xu lawyers, hello. There is a small problem want to ask you. Pedestrians and cyclists crashed into it, pedestrians, cyclists had more serious. The medical expenses that how to share. Person riding a bicycle not hit a pedestrian, because pedestrians and fell.

Answer: can be resolved through consultation, if the consultation fails, the victim can sue to the court, asked the perpetrators compensation. But the actual operation, difficult. The victim will harm behavior, damage results, as well as the causal relationship between damage behavior and damage result, proof tortfeasor's fault and other issues, so that they can get the support of the court. (Su Congcong, Sina micro-blog @ Su Xiaoxiao astute lawyer)

   

3895, the smiling face

Our village in land reclamation, can be divided into our house, the four house let us home with ten thousand more than 2000 dollars to move to bare their cover in, in the absence of agreement suddenly one day my family into more than 20 local ruffians and hooligans, come up to my dad a cuff and kick it with tools to break my dad's head, my dad came from Westinghouse window caught a sickle of defense, led by two seriously injured to the hospital rescue invalid death, in this case I dad should bear what kind of responsibility, should accept what punishment, to be lenient treatment? After the accident my dad played three alarm calls, we also call 120 emergency telephone.

Answer: this case may involve crime, according to the "criminal law" article twentieth, if your father's behavior such as deemed legitimate defense, do not bear criminal responsibility. If excessive defense, should also be reduced or exempted from punishment. If your father was forced to take measures, suggest that the first time commissioned a professional criminal lawyers involved, in order to get the best result. (Su Congcong, Sina micro-blog @ Su Xiaoxiao astute lawyer)

　　　　

3896, small love song 75: (from the major micro-blog)

Got some unknown message, pay treasure to be paid within two minutes walk of 5000 yuan. Did not receive any payment verification code, hope can help us legal person.

Answer: you may inadvertently opened fast payment, as long as pay treasure account and password without SMS verification code can be directly paid. Suggest that you first check who is using your account, your money to pay the who, what is the purpose and so on, check out, if it is determined that pilfer date, alarm processing. In case of emergency, the proposal to contact a pay treasure customer service, let them in, and modify the password etc.. (Su Congcong, Sina micro-blog @ Su Xiaoxiao astute lawyer)

 

3897, Jess Wong

Sister married a girl before, to her ex husband after divorce. His marriage produced one daughter, after the divorce to his. The first sister brother-in-law combined into a new family, husband is the only child, they are at the end of 2011 regeneration of a female, the village to children on account to coerce, identified the remarriage new combination family born woman to bounce back, last year the collection of social maintenance fee 35000 yuan, and Jiangsu alone two-child policy has been liberalized, will engage in a lawsuit to recover fine? This combination was whether the kids? If, after divorce remarried people did not have? How to remarry?? Thank you. They are migrant workers, not easy to make money. Thank you

Answer: our country "population and family planning law" the eighteenth regulation, legal regulations and conditions, can arrange for the birth of the second child, the specific measures shall be formulated by the provincial people's Congress or the standing committee. According to the "Regulations of Jiangsu province family planning regulations", the situation you say does not belong to the "may apply for re - birth of a child", should belong to.

   Although the individual two-child policy has been liberalized, but your sister and her husband do not necessarily conform to be the second child of the situation, even if is really consistent with the policy, but the social maintenance fee has been paid, the new policy adjustment has completed execution behavior, therefore, to engage in a lawsuit to recover the fine may be very low. (Su Congcong, Sina micro-blog @ Su Xiaoxiao astute lawyer)

  

3898, the vegetarian lion

Hello, I would like to consult the housing transactions contract issues at the end of last year we want to improve the living of the existing housing sale. When the intermediary estimation of normal process bank before the end of 2 loans to me, so I and others are scheduled in February 28th. The question now is bank here is no money, can't loan, contract date draws near, I look at the contract pre overdue pay late fees, 0.05% per day. But the contract to the bank loan time did not mention, now home and intermediary in urging me to others, now I only get home before the first payment. Intermediary banks queuing in loan. My concern is I now launch if there is a problem not bank lending, the family also have moved in, what do I do if in the home to pin the blame to the bank head does not fit, I how to safeguard their rights

Answer: (1) according to your description of the case, the core is the delivery of housing and the bank next after the first who problem, it depends on the terms of the contract. If the agreement was only after delivery, then you can not deliver, and sent a letter to request payment, if the other party has not been paid, it constitutes a breach of contract. If the agreed delivery time in the next, it should be the first delivery, otherwise you will constitute a breach of contract.

  (2) general contract will be agreed bank not letter, if not the next, usually agreed to pay the buyer the cash, but depending on your contract.

  (3) delivery of property does not mean that the transfer of housing ownership, so even if the other party does not have delivery, payment, you can still request the other party to terminate the contract and return the house. (Su Congcong, Sina micro-blog @ Su Xiaoxiao astute lawyer)

   

3899, Lv Guangtian

My friend borrowed more than 20 personal credit card payments of about 200 of his own cash 2000000, my friend left the card to another person, that person handle sleeve cash run, my friend bear civil liability, or criminal responsibility, what should he do thank my friend hit by only ten people, in addition to the no, he was now. How to do

Answer: you will be a credit card to your friends use, say is a violation of credit card management regulations strictly. In this case, your loss caused by your friend, can ask your friend to pay back the money. But your friend's behavior does not constitute a crime, no criminal responsibility.

   In addition to your friend cheat shall immediately report to the police, the card now and then escape people constitute the crime of credit card fraud, shall be investigated for criminal responsibility, and the sooner, the more conducive to the alarm, detection, and the more likely you recover the loss. (Su Congcong, Sina micro-blog @ Su Xiaoxiao astute lawyer)

   

3900, Shunde finishing Maji industry

I would like to ask: in September 03, I have a traffic accident, has been reported to the insurance company, the traffic police set my full responsibility, no objection. The injured have been discharged a few months, may be reluctant to take the ticket to the insurance company closed, and my insurance will expire in May. My question: 1, if the other party is not in May before closing, I can't buy the next year Juxian? 2, if the other party in May after the claim, whether I pay compensation for the losses and the insurance company will not compensate for? 3, to avoid the above situation, what should I do now? !

Answer: 1, you are worried about the purchase of next year still can buy insurance, but the premium may increase; 2, even if the other party in May after the claim, the insurance company should compensate for it, because the accident occurred in the insurance period; 3, for you are facing the problem is not with the other ticket to handle the claim, if you have pay more expenses, they did not charge bill, is passive, suggest negotiation; if the person has paid much, he should be more anxious than you. (Luo Qiang micro-blog @ Sina. Luo Qiang)

 

3901, the fairy

The speech was on some of the more famous anchor program through the APP sharing out calculate tort it must after I agree

Answer: China's "copyright law" the twenty-second regulation, appreciation for individual learning, research or, use of a published work of others, is reasonable use, without permission from the copyright owner, not to pay, but shall clearly indicate the name of the author, title, and the other rights shall not infringe the copyright in accordance with this method enjoys. Using the work of others if you commercial purposes or other purposes, without my permission, will generally be considered copyright infringement. (Si Huali, Sina micro-blog @ law - Si Huali)

 

3902, Liu Liu

Hello. My grandmother was the gift my father an old house, I introduce a house. My grandpa died, his father and aunt abandon inheritance and notarized, after grandma will house gift father also undertake notarization, aunt did not know. House property card has been 20 years, and the area of property rights and the actual small much, building and renovation costs are my parents, due to various reasons, the old man did not transfer. Grandma died, aunt property. My father is under the gift win? Thank you (she had been with my parents, and to provide for the aged)

Answer: according to "the people's Republic of China" of the relevant provisions of the law of succession, the first, because aunt and father you are giving up inheriting and have been notarized, the waiver of succession is legally binding. Second, real estate is a gift to your father and your grandmother notarization, the gift is legally binding, in other words, the real estate has been your father's property. Third, your grandmother died, the property does not participate in the division, so your aunt's claim is not supported. Fourth, the above analysis based on the situation of notary legal and effective.

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 @ cases the -Bridge)

 

3903, Gao Yan

Hello my family in a private hospital because of misdiagnosis and treatment during the unknown drugs lead to family life can not paralyzed in bed, we with the hospital medical records, hospital provides false records are inconsistent with the treatment for us. The family was in the civil affairs departments identified as two level disability certificate of disability, now personal injury (medical malpractice court not to register)) has the prosecution to the court, the court let the family do identification on the go, say 1 is to identify disability grade, 2 is to identify the hospital have medical fault. Do you want to have to do identification? After identification Is it right? That we recognized the hospital to provide false case? Then what shall I do (family has been in the domestic well-known hospital treatment after rehabilitation stage now.)

Answer: medical case not to identify the conditions necessary for the court on the grounds, not on file is wrong, you can ask the court to issue a notice of not filing the case and the appeal in accordance with the relevant procedures, or directly to the court disciplinary inspection department. But for later identification is necessary, since you on the medical accident identification is not trust, advice may apply for the medical fault identification (Forensic). As for the medical problem, may require you to provide medical evidence of fraud, if it can be proved that cannot be identified and records of fraud, according to the "tort liability act" direct presumption hospital has fault. (Zhang Lei: OH micro-blog pig not fat would be a good lawyer)

 

3904, the world

Because less payment of one hundred and fifty thousand, abducted me 20 hours, during stress me out with a loan of ninety thousand yuan more than. After five days of each other and gathered five or six people robbed me of a set of cotton spinning equipment, and factory accessories value Yibaiershiyuwan element. And two days later the My Company once again by another group of people looted, the reason is I owe him money, oneself in the prosecution period, at once, because the amount of the loan is inconsistent with the facts, the gang robbed me of my value more than sixteen yuan materials! The local public security to economic disputes not on file, and comes with a notice of not filing the case, said to each other without the facts of the crime occurred. How can I case effective treatment

Answer: to the Public Security Bureau supervision department complaint, can also go to the procuratorate complaints reflect the situation, let's Procuratorate supervise the filing (Chen Mingyi Sina micro-blog @ case - flying small partners)

 

3905, Julia-Lau

Hello. Last year I signed contracts of sale, and 350000 down payment, the family took the money to his son's name to buy another property, the house sold fifty thousand loan was not repaid, cause I can't loan. The family seemed to say that no money, eat low, no work, no money to prosecute, is. I heard that the court enforcement is difficult, how should I do?

Answer: if you want to buy this house, you can be sued for homeowners to continue to perform the contract for the sale of housing, the housing transfer to your name, and asked the owner to undertake responsibility of breach of contract. If the other party fails to fulfill the court decision, may apply for compulsory execution. If concerned about implementation issues, can apply for the preservation of the proceedings in the action, judgment becomes effective, if you can pay the corresponding limit, the court to the housing authority under the notice for assistance in execution can be housing transfer to your name, as for the loans, you can first repayment will be housing solution, and then for the.

   If you do not want to buy the house, but the prosecution request to terminate the contract, and request the owner returned 1629, bear the liability for breach of contract, but also the housing security, such as the other side not Tuifangkuan, execution to auction the real. (Su Congcong, Sina micro-blog @ Su Xiaoxiao astute lawyer)

  

3906, 2014 bound for glory

Lawyers Hello: I in August 5th last year signed a purchase contract with the other house (August 6th his house. The court sealed off, I know), in August 7th I through an intermediary to pay 50000 deposit, then through the intermediary signed five times each paid 350000, by October 14th the balance of 530000 in the bank call him, also let intermediary in the examination and approval center written materials to transfer, I and the seller to open their own car to the examination and approval center, who know the seller that the wife is to sign away, after my alarm, it was transferred to leave money for twenty minutes, four days after the seller calls the agency said the money will be returned to me, but not always appearance, more than a month after the catch, but in less than a day had been put out, the police said the court sealed off instrument he didn't receive, does not constitute a crime of fraud, I ask the seller for money that no later and I, the house is not sealed off me, so far no also these days, the phone also can not contact him, how should I do?

Answer: it is recommended that collect the remittance evidence to sue for unjust enrichment. If you can contact, try to negotiate! The case involved the money is big, can query to get property, best for property preservation before litigation, to execute later stage smoothly (Chen Mingyi Sina micro-blog @ case - flying small partners)

 

3907, think of catfish

Case law, everybody is good, my father plant shutdown, did not apply for bankruptcy. The town government put the unemployed insurance gold forced into the medical insurance, and not let us continue to buy endowment insurance, that must be the new work units to buy. Excuse me, the town government to do illegal? More than 10 factory of the same company together is made, every 1 years seniority pay 2540

Answer: (1) the Department "on unemployment insurance to participate in the basic medical insurance related issues notice" provisions: personnel receiving unemployment insurance benefits shall participate in the unemployment insurance of unemployment insurance in accordance with the provisions of the basic medical insurance for employees, to participate in the basic medical insurance employee medical insurance should pay the fees paid from the unemployment insurance fund, instead of individual. Therefore, the town government acts in accordance with the provisions of the notice.

  (2) the endowment insurance in our country, there are several, the basic old-age insurance is paid by the enterprise and employees, but individual endowment insurance personal savings should be able to buy, specific advice to local people club Bureau or dial 12333.

  (3) "every 1 years to pay 2540 yuan" should be the economic compensation payment according to the "labor contract law" provisions of Article 46, 2540 yuan is the average monthly wage amount, if no problem, then in accordance with the law. (Su Congcong, Sina micro-blog @ Su Xiaoxiao astute lawyer)

   

3908, Huang Mengli said

The case is ABCD is often to buy investment friends. Before A's death, BCD had their money to A Cary, ready to buy a piece of land, but not to buy. So the three of them want to get my money back. A's son and his wife also know it happened. And also transfer record, the money inside A account. A's wife and son said before this, A also had the money to B account, but also to do business together. But how much money do not know. The money is not to check the bank records. Not sure how does not record. When A's family in the know BCD came after money, also want to put their money to send B. But B is denied. The A family is a reasonable man. Not want to swallow the money. Just say, you put the A have remitted the money back to us, we will give your money back. But BCD and others have denied that A gave them the money. And the BCD has the A sued.

Answer: recommend A to bank remittance, settlement with BCD negotiation. If BCD still wants to sue, A can take as evidence against each other in the bank remittance record query (Chen Mingyi Sina micro-blog @ case - flying small partners)

 

3909, _ ← ←

I would like to consult the case, A was sentenced to life imprisonment for theft, after three times of commutation, and three years after, the prison to bail, to pay eight thousand money can be immediately released, but need to sign. The problem is, if the guarantor and the crime, will involve guarantor? If you can, what trouble?

Answer: if the bail out and the perpetrators, will bail forfeiture. But with the guarantor with no relationship, will only take in prison on bail. (Chen Mingyi Sina micro-blog @ case - flying small partners)

 

3910, small chili is a commendatory term: (from major Sina micro-blog)

Hello. Consult. The criminal case after the verdict, the request does not meet the compensation to the victim damage, wants to sue in civil court for individual mental damage and disability benefits, the defendant also adhere to appeal for criminal sentences. Excuse me, general, court operation processing how ah???

Answer: a incidental civil action, the spirit damage compensate request will not get the support of the court. File a civil claim of compensation for spiritual damages, the court will not accept the.

B after the first trial, criminal defendants appeal, if you don't have the part of civil compensation also filed an appeal, so the civil compensation part will take effect. If the Criminal Adjudged, then the court will start the trial supervision procedure of incidental civil part to.

C after the first trial, criminal defendants appeal, you also filed a civil compensation part of the appeal, then entered the second instance procedure. Usually with a procedure at the same time the trial of criminal, civil part. (Liu Binbin Sina micro-blog @ lovely Cheshire cat)