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This is the answer of 3911st to 3939th legal consultation

 

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

                

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:

3911, the Western Mustang

I am a public officer, had a friend asked me to do the guarantee in the folk loan company, I signed a security agreement, guarantee 140000, but needed two guarantors, another sponsor reluctant to guarantee not to, in accordance with the loan company statement, not loans. I left the loan company, forget the signed agreement. But later, lenders and borrowers in I don't know the situation, I left the agreement, reached a loan agreement, lending 250000, and only I a guarantor. Now, the borrower can not repay, lending company gave me notice to handle my property. I would like to ask: in such circumstances, how should I do? Can in turn sued the company for the borrower and loan? Thank you

Answer: you are such a situation in the judicial practice, the general will be presumed to ensure valid, feasible condition is, after you undertake suretyship liability, claim to your friends as soon as possible. (Sun Zekang, Sina micro-blog @ Sun Zekang)

 

3912, Guo Xiaochang.

Does the victim may entrust can participate in public prosecution part of the court and litigation record new criminal procedure law has regulations?

Answer: can appear in court, but not scoring. According to the "criminal law" the thirty-eighth stipulation: Defense Lawyers of the people's Procuratorate date, the case file materials may consult, extract, copy the case. Other defenders, with permission of the people's court, the people's Procuratorate, may also consult, extract, duplicate the above mentioned material. Hu Xuelei.

 

3913, Dean

If you want to divorce property I can get some what? The house is bought before marriage husband, but to also mortgage. The car is married to buy name was husband, can I get what? If there is the divorce court need what material children how to judge? And the cost. ,

Answer: according to the "marriage law" provisions of the people's Republic of China, the divorce you can get is your half of the joint property of husband and wife. The house is your husband before marriage to buy, but home is married with you to the house, although there is no segmentation of the rights, but can be part of the interests advocated owing on the loan, can get legal support. The car although registered under the names of your husband, but it belongs to buy your marriage, also belong to the common property of the couple, you are half. Divorce is necessary if the people's court for divorce, the children how contractors need to see whether your child under the age of 10, or for the growth of a child that a more favorable, the support ability, which will become the court considered. (Sina micro-blog @ I is a small Li Bing)

 

3914, Zhao Jie

Parents divorced, two children and a woman and three children, if a father with two sons, mother with a daughter, would support each other how to.

Answer: according to the "problems" marriage law of the people's Republic of China and the Supreme People's Court on the "marriage law" of the people's Republic of China, for the children of alimony, between husband and wife after divorce has on children jointly undertake the maintenance obligations, so no matter what the judge child, shall not affect the need to obligations, as the case may be how to maintenance, consultation and coordination between the two sides, also their pay, the mother has the obligation to pay a maintenance fee two father, father must also gave his daughter a divided alimony. The best way is suggested the two sides negotiated settlement. (Sina micro-blog @ I is a small Li Bing)

 

3915, intelligence hero

Ask not agreed repayment date ious in folk loan, guarantee jointly and severally liable person signed, the following does not guarantee guarantor until the debt principal repaid date etc.. now lending has two and a half years, the creditor does not and the guarantor to money, advocated its rights, the guarantor and guarantee Or the guarantor and the debtor (as long as the same, before the creditor has no money, have advocated its rights) in twenty years, the guarantor also at any time be creditors prosecution? If the borrower for third years, 5 years, 10 years or nineteenth years and the guarantor to claim the money, the guarantor can de Bao? Thank you.

Answer: according to the "contract law" provisions of the people's Republic of China, the IOU belongs to non contract, special is the contract creditor to the debtor the right at any time, is not subject to litigation practical constraints, creditors, although there has been no rights advocate, has but does not affect its rights. So the obligor and the guarantor's responsibility is always there, without the limitation of action change. (Sina micro-blog @ I is a small Li Bing)

 

3916, baby blue

Hello, I need to consult you about the government expropriated the land. My father is a formal workers a state-run farms, has been working to the fish pond way. Now for the tourism development, the government needs to requisition the pond, I would like to ask, fish pond contractor can get what compensation? Fisheries leadership can interfere? Thank you.

Answer: the state farm land expropriation compensation, according to the "Ministry of land and resources, the Ministry of agriculture on the strengthening of state-owned farm land use management advice," the provisions of article third "standard state-owned farm to recover land use rights behavior: because of the need to recover the land of state-owned farm economic development of the country or the local public welfare construction, the need for agricultural land switch to the examination and approval procedures in accordance with the law, and the compensated reference standard of compensation expropriation of peasant collective land; the need to recover the state-owned farm construction land, expropriation compensation according to rural collective construction land compensation standards, safeguard the livelihood of farm workers....... According to the law to recover the use right of state-owned land, should pay economic compensation. Economic compensation according to the standard of compensation expropriation of peasant collective land calculation, and arrange corresponding social security costs. State owned farm was recovered and do not have the basic conditions of landless workers resettlement by land, all should be lost workers into local urban workers re employment system."

   On the standard of compensation, according to the "land management law" provisions of article forty-seventh, including land compensation, resettlement grants and ground attachments and young crops compensation fee. This part of the cost of state farm, the land belongs to the state owned land, the land compensation fees amount to the largest general farm all, generally will not be allocated to the workers. The ground attachments and young crops fees according to the general by the farm issued to the actual lessee. The resettlement fees for land acquisition staff social security costs, the resettlement compensation scheme, the acquisition will solicit the opinions of the trade union or all the workers, implementation of the resettlement scheme according to all employees or unions, specific to individual workers is determined by the proposal, if not the program, you can request a certificate. Some places will support the resettlement compensation paid to employees. (Du Hongtao, Sina micro-blog @ major Du Hongtao)

 

3917, the first person to work again

Ask the landlord rent you can mess up the tube? Next to me was only 54000, my landlord to rise to sixteen seventy thousand reasonable? Expensive than others for one hundred thousand farmers want how many kilograms of grain

Answer: 1 first look at both sides of the contract or oral rental agreement, according to the agreement to pay the rent. If the agreed price of price hikes, the landlord of the breach, you can claim the responsibility of breach of contract.        

2 if no agreement can be determined according to the surrounding housing prices, similar housing prices, according to your description, the price is not reasonable. The above two kinds of circumstances you can file the default action for each other, to claim compensation for losses.                   

3 the prices may be out of do not want to rent to you, this practice a lot, and the landlord, dominant, and the landlord friendly negotiation, to fight for your rights. (Lei Wenxia @ major Lei Wenxia)

 

3918, Min Huayan

Working in the network game company, is unable to provide the work card, attendance, wages and other evidence. The system data is only a network printing, there are names, identity card numbers and serial number. Labor arbitration will win

Answer: according to your situation, do not know what is the specific information system. You can consider to the local labor arbitration committee for labor arbitration. If the arbitration commission accepts, will conduct mediation. (Sun Zekang, Sina micro-blog @ Sun Zekang)

 

3919, S

Hello 'a few months ago I participated in an investment' very small 'is an investment to the network YY studio' at that time because the Internet connection 'so no direct ious or investment prove' only 'but each other chat chat software is the real name authentication' so that the 'I have bank remittance single' was good about five month repayment 'but now does not pay back the money' I would like to ask such a fraud? 20000 dollars' now people can not find. 'but I have your address and ID materials.

Answer: the other does exist through the return on investment for capital of the suspects, electronic information, payment records can be used as evidence, immediately alarm processing. (Du Hongtao, Sina micro-blog @ major Du Hongtao)

 

3920, Mo Mo

Do the self-employed accounting missed an account, be cashier who repeatedly for refusing to pay, legal procedures, the looking for the Department, thank you.

Answer: each other's behavior is suspected of embezzlement, whether or not enough on the need to look at the specific circumstances of crime. If you can provide the cashier who amount of evidence, can report to the public security organs. (Du Hongtao, Sina micro-blog @ major Du Hongtao)

 

3921, the summer rain, fall too perfunctory

A get off from holding hands in the clothes off a pile of money, he took one step after that turned to pick up, but was passed after the discovery of the first step B picked up and ran, a found immediately after the side after shouted, but escaped, you feel how qualitative, thank you

Answer: B should be in the nature of the crime of seizing, B openly in the streets "pick up" money and hiding, refusing to return, the property belongs to all the people present situation, the method can make a immediately find their goods, and without the use of violence, threat behavior, and refuses to return it, illegal possession of objective to subjective, so B activities according to snatch the elements of the crime, should decide the crime of seizing. (Chen Jing, Sina micro-blog @1232 Chen)

 

3922, Yang Zhiwei

Hello, I would like to ask, originally for rape criminals in prison, and now because his father was dying prison said his good performance for out of prison, I need the signature. The need for such?

Answer: the prisoners if they meet the provisions of the criminal law of commutation or parole conditions, can, program is generally by the prison commutation or parole recommendations issued by the examination and approval authority of prisons, the provinces, autonomous regions, municipalities directly under the central government, the prison intermediate people's court at the domicile of the trial, and whether to allow the ruling, generally without the consent of victim. Suggest that you consult the relevant departments cause. (Du Hongtao, Sina micro-blog @ major Du Hongtao)

 

3923, Lv Guangtian

Credit card is not in the preceding paragraph, the bank will hold the card owner's responsibility?

Answer: if you do not meet the relevant standards do not constitute a crime, shall be investigated for civil liability is usually the first card of the Lord, as soon as possible repayment. Credit cards are not also can affect your credit, have influence on the later loan, suggest the timely repayment.

   If the amount is in ten thousand yuan of above, after two times of collection card issuing bank after more than three months not to return, may be investigated for criminal responsibility. According to the "criminal law" Article 196, the cardholder for the purpose of illegal possession, exceeding the limit or the prescribed amount of overdraft, the issuing bank collection is not also, constitute the crime of credit card fraud. According to the relevant judicial interpretations, malicious overdraft more than 10000 below 100000, for the larger amount, constitute the crime of credit card fraud. (Sun Zekang, Sina micro-blog @ Sun Zekang; Lei Wenxia @ major Lei Wenxia)

 

3924, Wang Dongming

Hello, your trouble, I am Tongzhou District Lu Cheng Zhen Gu Cheng Cun, Beijing city (farmers). My wife is Beijing Songzhuang Zhen Tongzhou District Zhai Li Cun, the university to the public (rural), after our child was born the account can be with me to (Lu Cheng Zhen Gu Cheng Cun) but the local police station, let me the child with his mother must account for the nature of (non citizens, is said to be the provisions of Beijing), since the account can be with me, why accounts nature to do away with the mother, police station is illegal infringement.

Answer: according to the Beijing Municipal Public Security Bureau issued by the police station for permanent residence registration norms (Trial) Notice of Beijing public pipe word [2004] specified in the first 1062 , registration of birth (a) both parents or mother is a Beijing resident accounts baby, born in a month, by the guardian. To the baby's father or mother account the location of the police station to declare the registration of birth. The mother for the city agriculture accounts, the baby can voluntarily choose the mother or father of non-agricultural household registration. As far as the mother city accounts, the father of rural residence, whether the baby must complete a city hukou, no legislation. We recommend that you can reflect the responsible person to the household registration police station, or to the superior police departments to reflect. (Du Hongtao, Sina micro-blog @ major Du Hongtao)

 

3925, 123456

Excuse me, excuse me, electrical repair, say 48 hours to accept, but do not see the repair personnel, and in twenty-four hours, almost second days, repair personnel called immediately, the results did not figure. This fault has been repeatedly repair! Could you tell me how to safeguard their rights, which the law to be used here! Thanks.

Answer: the parties shall belong to the communication service contract relationship, for communication fault you, providing the services of the company have the obligation in accordance with the contract, and timely troubleshooting. If not timely maintenance, and multiple failure impact you use, you have the right to require the other party to bear the liability for breach of contract until the termination of the contract, compensation for your loss. Specific matters can complaint to the local communications administration bureau. (Du Hongtao, Sina micro-blog @ major Du Hongtao)

 

3926, jade jewelry quality goods monopoly

Hello, consult a divorce, my sister gave birth to a second half a month, the first is a girl, aged ten months, is also a girl, now my brother-in-law to birth this girl half a month to send people, abandon not boys, to give this man then a boy, before them just down payment to buy a house is not others, if the children of divorce and the house how sentences excuse me?

Answer: the custody of children sentenced to conducive to the healthy growth of children as the principle, a comprehensive analysis of the actual situation of both parents' the party raised more conducive to children, children under the age of two general principle to the mother, according to the information you have provided, two children were under 2 years of age, the court will be awarded to the woman in principle, but according to the comprehensive factors, is conducive to the growth of children and the economic aspects of the decision of the court, favorable may do better, is that men and women each sentenced to a.

  As you mentioned property, because of marital property, whether real estate registration for whose names are the joint property of husband and wife. For property division, by mutual consultation, the consultation fails, the court will be in accordance with the principle of decision to take proper care of the woman. (Chen Jing, Sina micro-blog @1232 Chen)

   

3927, the house does not abdicate you are the princess

I want to consult the relevant law problems, if I am unmarried but bought a small apartment house, but later married once the marriage to end this house will be used as the common property of the couple to separate? It is necessary to do property notarization before marriage?

Answer: according to the "marriage law" of the people's Republic of China and the Supreme People's Court on the "marriage law of the people's Republic of China" the judicial interpretation of the relevant provisions of the two for the common property between husband and wife, the couple married before their purchase housing is owned by individuals, is not included in the joint property of husband and wife segmentation. But if a premarital buy houses, after common owing on the loan, the housing property right registration to party, has not yet returned to the property right registration loan a party's personal debt. Both sides together after marriage loan payments of the property and its corresponding appreciation part, property right is registered by one party to the other party for compensation.

As for the premarital property can go to the notary could not go, see this person you and, in this case you premarital purchased housing ownership is independent, do not worry it will become the joint property of husband and wife, but the marriage common owing on the loan situation but also hope you pay more attention to. (Li Bing, Sina micro-blog @ I is a small Li Bing)

　　

3928, Guo Huajun

Although our school said not to let the band mobile phone, but the teacher without consent of the students, to search others bag, confiscation of others, and searched, it belongs to illegal? Feel privacy was violated.

Answer: according to your description, combined with "the people's Republic of China" and the "general rules of the civil law of the people's Republic of China Tort Liability Act" the relevant provisions, your teacher's alleged unlawful practice, without permission and forced to search other bag, is a violation of the privacy of others, forced search is a violation of their personal freedom right and right of personality dignity right, so the teacher practice is illegal, because of your identity, you can go to the school to the teacher report, also can report the behavior to the Bureau of education, in order to safeguard the legitimate rights and interests of your own. (Li Bing, Sina micro-blog @ I is a small Li Bing)

 

3929, already

The city of A unit m and the village committee is a piece of 100 acres of the dispute, the A city (a ") will land ownership to the village committee, m proceedings, a trial of A city is wrong, the revocation of A a; the cancellation after the paper (called B) is the right to the village committee, m also filed a lawsuit, the lawsuit first instance and retrial, the decision to withdraw B, and asked the city to the right, and confirmed the effectiveness of M hands the land certificate; the city to the (C"), or the land ownership to the village committee, M has filed a lawsuit, the second municipal decision support. Excuse me, this judgment, which the highest validity of judgment, the judgment shall be handled in accordance with what? Thank you very much.

Answer: according to the "administrative procedure law of the people's Republic of China and the relevant provisions, the relevant judicial interpretations of the first, effectiveness of each effective sentence are the same, there is no difference between high and low. Second, the case involving three decision, according to what you said, the judgment (1) and (2) the judgment about the contents of the meaning is right behavior of A City Hall error, because A City Hall take relevant measures, the revocation of documents (a) and file (b), so the two sentence has already been executed. Third, the judgment (3) is the file (c) procedure, in this case is to be executed judgment, it should be the sentence (3).

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)

 

3930, the desert solitary smoke

Ask God for help! The latest version of the 3 edition employee rewards and punishment regulations have a superior to subordinate: no money, or dissolution of the labor contract never return, but I don't have this book, also did not sign, because years ago by a lower competent money is the company knew, the company informed me a labor contract is rescinded never return I want to go, labor arbitration, much chance to win? How many money to be paid?

Answer: the "labor contract law" provisions of article thirty-ninth of the employer terminates the labor contract situation, according to your description, firing you because you violated the provisions of rewards and punishment management, but your situation is not classified as the method of a "serious violations of the employing unit's rules and regulations," the reasons are as follows: 1, the company rules and regulations in addition to legitimacy, should also have the rationality and humanity, the higher level to the lower borrowing are serious violations are controversial, general understanding, behavior only laborers seriously affecting work or enterprise image, will cause losses to the unit is; 2, superior to subordinate "is strictly prohibited to borrow money, or dissolution of the labor contract never employ" the rules will reveal to the public through the democratic process, is still uncertain, only the company in accordance with the provisions of legitimacy and publicity to the article "the regulations", if the employee handbook, you didn't sign, no publicity, so this article shall not apply to you. But if the publicity without objection, you, even if you did not sign is also possible; 3, your behavior does not reach the degree of "serious violations", "serious" to give the employer of the normal production order and management order of the damage. If you fire your reason is not sufficient, illegal dismissal, then you can apply for arbitration, advocate unit terminates the labor contract law, by the other party to prove its legitimacy, otherwise bear the adverse consequences. (Xie Yanping, Sina micro-blog @ Avenue "(Huang Kaiqun), Sina micro-blog @ Huang Moqun)

 

3931, shadow

A in the robbery finance for the purpose of robbery accidentally found that the weapons or drugs, how to conviction?

Answer: according to the "Regulations of the people's Republic of China according to the criminal law", the act shall be regarded as the crime of robbery. But if it is know

Dao is still not paid, the illegal possession of drugs, firearms crimes. (Bao Xinhua, Sina micro-blog @ I not bad)

 

3932, the running of the snail

Hello, I have a question to consult. 13 years, I and a man married, but no licensing. The feeling after marriage has not. We have a son, also not full moon, but he has been very difficult to live. If claims apart, I can ask for what? The cost of living? Now living in his father's house, I can request to the house?

Answer: according to the "marriage law" of the people's Republic of China and the provisions of the relevant judicial explanation, your relationship is cohabitation,Cohabitation property acquired during the also belongs to the general common relationship, cohabitation period division of property according to the generalCommon wealth. The common property of the cohabitation period refers to the common management, use, income, punishment, as well as for the repayment of debt assets, mainly including: (1) the wages, bonuses; (2) engaged in the production, operating income; (3) the proceeds of property; (4) due to inheritance or donation income property (except for determining the only party property wills or grant contract); (5) other should belong to the property common to all. So you can claim your share.At the same time "marriage law" and the judicial interpretation of two, for children born out of wedlock, legal provisions out of wedlock enjoy the same treatment as legitimate children, at the same time for the children, you can claim the man pay a monthly maintenance fee, at the same time, in view of the situation you are now belongs to special situations, you can also apply to the court for the request the children need to provide relevant housing for you. (Li Bing, Sina micro-blog @ I is a small Li Bing)

　

3933, ask, with no let go to work the case, charge legitimate? Thank you.

Answer: according to the provisions of China's "labor contract law", the employer shall not charge property from him for any reason. Therefore, companies charge a fee to illegal. (Su Congcong, Sina micro-blog @ Su Xiaoxiao astute lawyer)

 

3934, Hello, editing teacher. Now logistics is not related to the law? Logistics lost goods, but only in accordance with the compensation ten times the freight, let me feel very angry! Can they claim, are generally not successful. What am I gonna do?

Answer: Generally speaking, the postal enterprises because of enterprises owned by the whole people, its organization and management by the "postal law" adjustment. Logistics enterprises are private enterprises, can not be directly applicable to these normative documents, related to the rights and obligations of the parties to the contract agreed by the. An express contract between private courier companies and customers, generally by the "general rules of the civil law", "contract law" and "express market management approach" to adjust the legal relation. The State Post Bureau, the State Administration for Industry and Commerce jointly issued the "provisions of domestic express service contract" model text, "express service organization cause any delay, damage, loss, shall bear the liability of compensation. The two sides have not agreed on compensation standard, can be carried out in accordance with the relevant laws and regulations. Neither agreed nor the relevant legal provisions, the provisions from the express service standards." Regulations no longer mention "only" 3 times the freight, means that if consumers express lost, the amount of the claim the floating range will be bigger. While the express service standards, compensation for lost express, the purchase price (insurance) express, express service organization to be insured (insurance) is the amount of compensation. If you express not insured in accordance with the contract execution. Both sides cannot reach an agreement, can file a lawsuit to the court. (Xie Yanping, Sina micro-blog @ Avenue ")

 

3935, there are a few doubts? 1 for example we sign the contract of 3 years is the period of service? 2. written application to who? Before a colleague wrote a letter of resignation, leadership refused to sign, I can send emails?

Answer: (1) 3 years is just the term of the labor contract, not the service period. Only units to provide professional training, before the agreed period of service.

(2) letter of resignation e-mail, also can send a letter by registered mail, as long as the notice to the unit. Resignation is generally to the personnel. (Su Congcong, Sina micro-blog @ Su Xiaoxiao astute lawyer)

 

3936, I began working in the TCL factory in 2013 May! In 2014 March the normal resignation! But the year-end bonus in 2013 to April will be issued! How should I ask for?

Answer: the year-end bonus is not absolutely is the enterprise unilaterally decide whether or not to send, regulations mainly depends on unit is related to year-end bonus, paid in previous years to end the year award, the same staff year-end bonus distribution, I when the annual performance evaluation etc.. If the unit has the relevant system, can refer to the system, if there is no reference to the distribution system, and when the annual distribution and unit representations. Du HongtaoSina micro-blog @ major Du Hongtao)

　　　　

3937, I have a friend accompany unit leader for dinner with clients, drunken died, whether to claim compensation for the enterprise? What is the legal basis?

Answer: according to the "people's Republic of China Labor Law", "people's Republic of China Labor Contract Law", "industrial injury insurance regulations" and the relevant judicial interpretation of the relevant provisions, first, regardless of party in the unit's job is what, in this case, with the unit leadership banquet please customers in this case, you can at least as a temporary increase in tasks. Second, due to the work of workers casualties have, can enjoy the treatment of work-related injuries, industrial injury insurance gold to get. Third, drink itself because of drinking alcohol, causing casualties, urging people bear certain civil liability. Fourth, if the enterprise did not give workers industrial injury insurance, paid by the enterprise directly responsible. 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. Hua YuSina micro-blog@ the -Bridge)

 

3938, Hello, I bought a shop in a market in Yuncheng City, developers promised annual return of 8% of annual rent, but not printed this commitment contract, just miss sales handwritten added after this promise, will have the force of law, could you give me advice, thank you!

Answer: handwritten terms if the two contract is inconsistent, how to identify the effectiveness will be controversial, best to make each other in handwritten part cover seal, if not, you can take audio etc.. (Chen Jing, Sina micro-blog @1232 Chen)

 

3939, the shipping company has employees wage arrears, the staff how to safeguard their rights?

Answer: you can find the labor inspection, and if the labor inspection shall order the unit to pay, if the unit does not pay, can apply for arbitration, and the requirements of 50%-100% compensation. Arrears have employee wages, suggestions of labor arbitration filed directly apply to the labour dispute arbitration committee, in addition to the payment of arrears of wages, economic compensation can also be required to pay an additional 25%. (Xie Yanping, Sina micro-blog @ Avenue ")