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

This is the answer of 2534th to 2580th legal consultation 

 

"Major" legal aid platform Q & a record (seventy-six)

 

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:

 

2534, Hello, want to ask one thing, my basketball game in the school was another man killed, then the resulting medical costs can find this person compensation, or compensation for the school? Thank you

Answer1:1, comprehensive analysis: playing basketball as a sport, itself contains wounding and the possibility of harm. In no fault of the parties, the direct infringer is the responsibility of the injured themselves should share part of.

If the primary and secondary school (not to do management obligations) may also need to take part of the responsibility.

2"Tort liability act", according to the provisions of article sixteenth: harm caused personal injury, the reasonable expenses shall pay the medical fees, nursing fees, transportation fees and expenses for treatment and rehabilitation, as well as the lost wages.

3If the infringer, adult, suggest to negotiate with each other to solve a certain amount of medical expenses, compensation for losses, if the school (teachers) to do not have the appropriate management of obligations, the victim to the claim for compensation; if the infringer is minor, the guardian shall bear the liability for compensation. The infringee should also bear part of the loss (in this case because of the equitable liability) (Wang Jing, Sina micro-blog@The judicial aspect)

Answer2Of course you can ask: your compensation for injury. The scope of compensation in particular: reasonable cost of medical expenses, nursing fees, transportation fees, accommodation fees, hospital food subsidies, the necessary nutritional expenses for treatment and rehabilitation expenditure. If after identification of you was identified as a disability, can also request the disability payments and disability living allowance.

If you are under18Years of age, according to the "tort liability law" thirty-ninth article: a person with limited capacity for civil conduct in school or other educational institutions, learning, life suffers personal injury during, school or other educational institutions not duty of education, management, should bear the responsibility. You can also claim compensation to the school. If you have full18Years old, is not the compensation to that school. Note: you can also to hurt you and the school claim compensation. Attention should be paid to preserve these receipts as evidence, claim compensation. (a morning Sina micro-blog: Major-Cheng Chen.

 

2535, I was in Heilongjiang, because of the laid-off after a friend introduced this year3Jiangsu province Kunshan city living month to. Unfortunately10Month23Due to a meeting of Anhui friends to help, be2Person to play left ulna fracture, the day after110Sent to Kunshan Hospital of traditional Chinese medicine, on the29Day to do a plating operation. What reason is the contradiction between Anhui people and a name called Dan Aijun Subei people, unexpectedly later single Aijun shout to call2Young people in our community at the entrance, saw me and the friends in Anhui after he beat him, I up to sort the two young people fists my wounded. Batterers after ran away. I now ask the police station told me, has formed the light injury case, I also through various channels to find clues and to the police station to identify the mastermind of the single Aijun and one hit, but the police haven't caught people. I don't know whether I really like someone else told single Aijun my dredge relationship. Please tell me if in need of civil compensation, the cost of treatment, several aspects, I also ask for compensation, what is the standard?

Answer:1   Criminal responsibility:

According to the "criminal law" article204Article second (the victim has evidence to prove that they are minor criminal cases) or third (the victim has evidence to prove that the infringement of their personal, property rights of the defendant's conduct should be investigated for criminal responsibility according to law, the public security organ or the people's Procuratorate shall not be subject to the criminal responsibility of the case, the case may be) like in a case of private prosecution you can bring a suit directly;

If you do not charge directly, according to the case of public prosecution. As has been placed on file for investigation, please wait patiently. As did not put on record, according to the "criminal law" article111A, if you think of the public security organ shall be the case on file for investigation is not placed on file for investigation, the procuratorate, the procuratorate shall request the public security organ that do not file a reason. Procuratorate believes that the public security organs reasons for not filing the case can not be established, it shall notify the public security organs, the public security organ shall file the case after receiving the notice.

2    The civil compensation: all losses are the scope of compensation you suffer. The loss that you may suffer from including but not limited to, hospital food subsidies, accompanying costs, delay costs, transportation costs, nutrition subsidy etc.. The expenses standard reference "Medical Malpractice handling Regulations" article50A; draws attention, the non incident of malpractice, it can not be directly applicable to this Ordinance, but can refer to. If the consultation and not to the court, sued by for infringement of the violation of human rights. (Tian Chentong, Sina micro-blog@Tian Chentong_We should always remind ourselves)

 

2536I drove on the road at high speed, tire crashed into a guardrail results after the tire also crash, rear wheel are deformed side of car is damaged, does the insurance company will compensate my tires and wheels? I bought the insurance

Answer:1   The scope of compensation is determined according to the contract of insurance. Please refer to the.

2    "Full" is not always live up to one's name, often only with different types, and the mix of coverage in the case, is determined according to the contract of insurance.

3    On the other, such as automobile physical damage insurance clause "individual wheel damage caused by the loss and expense, the insurance company is not responsible for compensation", you can still claim, because the right side of the car is damaged, not individual wheel damage. (Tian Chentong, Sina micro-blog@Tian Chentong_We should always remind ourselves)

 

2537Hello, I want to consult, a relocation policy problems. My father is a self-employed households in Guiyang City, appearance is not its own shops, but a few years ago to sublet the original lessee sublet shops, pay a transfer fee, now because the government needs the demolition of the shops, there is no relevant policies to like my father-in-law's Soho tenant for compensation? Thank you.

Answer: this case belongs to the compensation of state-owned land housing. According to the "provisions on state-owned land on the housing levy and Compensation Ordinance", the government imposed a house, to compensation for housing ownership. If the lessee fails to compensate expressly provided. In this case, your father-in-law is not the housing ownership, so the government will not directly to the compensation paid to your father-in-law. Your father-in-law losses can be according to the law of contract to deal with. That is, your father-in-law to the lessor, seeking compensation for losses caused by house expropriation.

If your father-in-law was from the original lessee leased housing, but no direct and housing ownership housing rental contracts signed, which belongs to the sub tenant, the original lessee lessor father-in-law, you can find the original lessee consultation compensation; if your father-in-law was with the housing ownership, the original lessee. Consultation leased matters, the original lease a lease termination of the contract between the people and the house owner, by your father-in-law and housing ownership directly a housing lease contract, the housing ownership is the lessor, the problem to find housing ownership negotiation damages your father-in-law.

If the contract first, both sides to "meet the government imposed case" has been made in accordance with the contract agreement, as compensation for the loss. If there is no agreement, then you can claim the lessor's breach of contract, to claim compensation for their losses. The specific loss range includes: housing and interest of the remaining period, suspend production losses and other because housing is levied lead to termination of the lease contract losses. (a morning Sina micro-blog: Major-Cheng Chen.

 

2538I want to ask:My husband has been missing for almost half a year now! Now if I want to divorce do! And we now have a son and a daughter of two children! If I want two kids to come, that there may be! If two children are with me in there I can to support? Specific about how much alimony

Answer: can divorce, but divorce suit to the court, shall be submitted to the court by local residents and the police station on the other side of unaccounted for proof, the court did not reach the announcement, announcement expires, the other party has not appeared, the court may by default. Opinions of the Supreme People's Court on a number of issues "PRC Civil Procedure Law", article151"One of the spouses One's whereabouts is a mystery., the other party to the people's court for divorce, only, not for a declaration of One's whereabouts is a mystery. people dead or missing in the case, the people's court shall accept, the provisions of One's whereabouts is a mystery. people notice litigation documents".

If you want a two child with you is possible. The people's court for the problem of raising children after divorce, is generally considered from the following aspects:

1The quality of. Both parents, children's sense of responsibility, family environment factors, the feelings of parents and children;

2Consider the reasonable requirements. Difficulties cannot give birth and remarried father or mother;

3Under various conditions. Both are basically the same circumstances, in principle by the economic ability of the party raised;

4. for more than ten years of age has the ability to identify children, regardless of the custody of the father or mother, shall solicit their opinions

The man over there can be to support. According to the "marriage law" thirty-seventh article after divorce, one party to raise children, the other party shall undertake a part or all of the necessary living and education expenses, and the length of period cost, agreement by both parties; if they fail to reach an agreement, the people's court. Agreement or judgment on a child's living and educational expenses, does not interfere with the reasonable requirements of the children when necessary, to either parent over proposed agreement or judgment amount. Child care fee, can be determined according to the actual needs of the children, the affordability of both parents and the local actual living standards. A fixed income, nurturing fee generally according to the total monthly income of twenty percent to thirty the proportion of payment. The burden of more than two children upbringing, the proportion may be appropriate to increase, but generally not more than fifty percent of total monthly income. No fixed income, raising fees on the basis of the average income in total income or the same industry, determined with reference to the proportion. There are special circumstances, may be appropriate to increase or decrease the proportion. (Zeng Xin Sina micro-blog@Sunflower hearts)

 

2539,#Ask for advice#The police made the accident report,After the traffic police corps that the division of responsibilities is not reasonable to revoke.The police made second copies of that book again.Excuse me,In have no objection to the facts and applicable law case,Whether the court to "before and after the two accident responsibility contradictory" as an excuse not to adopt the second accident report?

Answer: can not. According to the relevant provisions of the law: if the parties to the traffic police department responsibility book have objection can be within the prescribed time limit on the level of traffic management departments to review the application. The traffic control department of the public security organs at the next higher level shall order it to make the review conclusion re identified, the original case handling units shall within ten days in accordance with the provisions to survey, to make the road traffic accident report, cancel the original road traffic accident. Therefore, the first has been revoked, second only to have legal effect, there is no contradiction. (Luo Jiaqin micro-blog Sina@Migrant workers rights legal service platform)

 

2540Property disputes, inquiries: Hello, I am Shanghai, in1997Years because of family housing difficulties, the mother unit with a rental housing, home after consultation decided by our move to live, in the2002Years as municipal 844000 to 84400015Million yuan, the housing account is my mother and my son, that we actually live, got 844000, after we bought the government to provide housing relocation, the235000Yuan, the balance paid by us, and the use of provident fund loans, the property certificate is my mother, my wife and I have three people,2007In parents' behest with the sale of the property transfer mother to our name, which is now the actual housing property is of my wife and me, my brother is now the home of the mother share separation requirements, please:1, he advocated the establishment? The court will support his idea? If the support what split? In accordance with the prices at the time segmentation or in accordance with the present value division?2At the time of sale, to the mother share transfer to us, the houses in the law already is ours, we have made clear whether the property? Because parents fear my brother in the house to a notary, notary public speaking but the house has no mother property, without the legalization. Please lawyers to help me answer, and from a legal perspective, help me out of ideas, thank you!

A: your brother's claim is not established, your parents still in good health, they will house belongs to your mother's share sale mode to transfer to your name, and the transfer, namely the property permits recorded is you and your wife's name, that you are the legitimate ownership housing, housing property has been clear. Your brother is of course not share from your mother. You don't have to do probate. Because the house had not your mother's share, after she died, the house will not be her heritage, naturally it does not occur to you brother inherited the house. (a morning Sina micro-blog: Major-Cheng Chen.

 

2541, Hello, it happened that. Tsui Hark of Fushun,09Years as general manager of the Fushun machinery company, private enterprise. When the competent investment Dalian Changxing Island project, after a friend introduced a Yin Liwei want to participate in the blasting engineering units have Dalian north construction group, then Tsui Hark will he introduced to the company commander sun vice chief also put him in charge of the project long strings. After the sun for a long time with Tsui Hark to report on the matter after, the unit of Dalian north construction group out of Yin Liwei and its compensation30Million of money. Tsui Hark's criticism of the sun that this was wrong, but has no way. One day, Yin Liwei Co5Million to the company for Tsui Hark, after being refused to Italy to give, Tsui Hark had to let the company finance. Later it was report filed in Dalian Changxing Island Economic Investigation Detachment, Tsui Hark know after the initiative to explain the situation when the Changxing Island detachment arrested, on charges of non national staff bribery, period no bail. Held36Days later due to check the hospital not arrest after release. Excuse me, this case should not? Tsui Hark rights? The informer is false? Thank you. Expect a reply! Sorry.13804230011Xu Feng, please contact me

Answer: according to the "provisions of the Supreme People's Procuratorate, Ministry of public security agencies under the jurisdiction of the criminal prosecution standard(Two)"Article10The provisions of article, "the company, enterprise or other unit personnel who take advantage of their office, extort or accept bribes, for the benefit of others, or in economic transactions, using the convenience of duty, in violation of state regulations, accept all kinds of commission, fees, to all individuals, the amount of in five thousand yuan of above, shall be filed for investigation and prosecution." Therefore, the public security organs have the right to constitute a non national staff bribery case. As for the national compensation, mainly based on the "State Compensation Law" article17-19The provisions of article. If the public security organs had no extended custody illegality, and the procuratorate not arrest you, it is difficult to state compensation. As for the crime of false accusation, to constitute the crime of false, false accusation, intended to make the person subject to criminal investigation, if the circumstances are serious behavior, according to your description, the informer there doesn't seem to be fabricated facts, investigate whistleblower accused some difficulties. Sina (micro-blog@Major case-Du Hongtao.

 

2542, Hello, there is something trouble, is in the last year at the end of November, I saw a man selling second-hand housing online (below called the landlord), then we find his house, after looking very satisfied, he is badly in need of money to sell, I'll pay one hundred thousand deposit to him, because when the property permits have not got the. Then in February of this year, real estate certificate or not, I don't want to, but before I put money to buy furniture, spent a lot of money, I just want to put the money back, put the house to improve the price monopoly out, spread from the I earn, the landlord agreed, signed the contract, all did not find an intermediary. The house is sold out of the middle of February, the landlord a wounded leg, action, new buyers do not trust him, dragged on for two months before and he formalities, he is going to new buyers for the money he took loans repaid, the pressure to redeem the bank premises. Since March has been now, the banks are not lending, he threatened me, saying if this month, the bank has not lending, he asked me to his debt burden, ten thousand a month. What shall I do?

Answer: the condition that says according to you, the need to further clarify a contract for the transfer of information, whether the house has been mortgaged to the bank, I from you to information that is already mortgaged to the bank. If it is already mortgaged to the bank, you first signed contract and buy a house the second time you signed the selling contract is required after the bank agreed to, or it is an invalid contract; also need to know the real when you first signed a contract if people tell you the fact that housing has been secured, if this situation is not real people suspected of fraud tell you; on your second sign is when you know the fact that housing has been secured, if you know not tell your buyers you suspected fraud. If the two signed already know and tell collateral facts, then you will not bear the responsibility, your buyers to find you, you told him directly with the original owner to negotiate a settlement. (Sina micro-blog: Chengdu lawyer Lei Fugen.)

 

2543Hello, I have a legal problem, want to consult you about the maximum amount guarantee, the maximum guarantee, guarantor500Million, one borrowed from banks five million, in no case and private borrowing500Return, the guarantor also for this500Million guarantee, guarantee that he only on the first500Million to assume responsibility for security, thank you!

Answer: in this case, the borrower is the debtor, he borrowed money to different people, one bank, one is individual, and the individual is the creditor bank. That is, the two different debt debtor and two different creditors.

The law of guarantee is the guarantor to assume responsibility for security in between a debtor and a specific creditors. The maximum amount guarantee is the same. Namely, the guarantor only once for a particular creditor to assume responsibility for security. Rather than the guarantor to bear the guarantee on the relationship between the debtor and all the creditors, agreed to take on which Bibi debt, is only to that which a debt. Specific to the case, the guarantor is only guarantee bank debt, or are responsible for the two key debt, see what was agreed.

If the guarantor had just agreed to assume the maximum guarantee for borrowers, guarantor only need to assume responsibility for the debt of bank. And don't need to undertake to private borrowing.

Unless, the "private" there is evidence that the guarantor has also set up the maximum guarantee, guarantor to assume responsibility for the loan. The following three kinds of circumstances, can be regarded as the guarantee relationship established:1The guarantor and the creditor (i.e., lenders) signed a written contract of guarantee;2The guarantor, unilaterally issued guarantees to creditors in writing, creditors to accept without demur.3Although there is no guarantee, in the principal contract terms, however, the guarantor in the main contract in order to ensure the identity of the signature or seal of the.

According to what you said, the debtor borrowing from the bank first, private borrowing in the post, according to common sense, the guarantor was only on the money the bank promised to assume responsibility for security. (a morning Sina micro-blog: Major-Cheng Chen.

 

2544, Hello, I need help. The company I work in my2012Years9In the entry when a verbal commitment that all employees to sell non air spaces receive commissions800Yuan a. Now2013Years11The notice said a month400Yuan a. Not by the written form agreement. But with wages, and job card. Does the company do so reasonable? As the staff how to adults

Answer: according to the regulations of the people's Republic of China labor contract law, wages are stipulated by the employer and the worker, but no minimum wage is lower than the location of the employer. According to Article18The provisions of article, the unit and the laborer for labor remuneration and working conditions the agreement is not clear, can be re consultation, the consultation fails, you can apply the collective contract, the collective contract free, equal pay for equal work. As can be seen, like selling parking income itself is not a unit wage of a, it belongs to the extra income, there are few units to encourage employees to increase the income of the specified items in salary range (even on the wages, also don't think that is the wage income. Moreover this kind of income each month is not others, it is a kind of labor Commission) As for how much to sell, the company can according to their own business and market demand free mediation, give you much rebate can be agreed. Let me put it another way.800Yuan when you think some money, can help them sell,400Yuan when you don't think right, so can not help them sell. I admit that the labor relations in the labor, workers in a vulnerable side, but the law is not difficult, you also have the right to choose. (Liu Fanggang micro-blog Sina@Just good18Degree)

 

2545Excuse me, a land dispute case. In this case the plaintiff to the defendant court last year. Reclaim the land swap. After withdrawal. The reason of mediation. But so far no mediation. This case is that the indictment stated by06Year swap to09Years to the housing. This land has been in farming. But there is no evidence to prove the facts. And according to the land use certificate. The defendant out according to the villagers testimony and written proof interchangeable so far, to testify in court. And there is no relative relationship. And the village committee and the police station to prove private exchange today. The recording to refute the plaintiff06Year swap to09Building for years. The defendant has so far refused on the grounds of judicial proof interchangeable mediation. Against the plaintiff. Ask the court may make this land who awarded. Thank you.

Answer: according to the "land contract law" article37The provisions of article: "the right to land contractual management contracts, lease, exchange, transfer or by other means of circulation, both parties should sign a written contract. Take the transfer way of transfer, shall be subject to the consent of the employer; take subcontract, lease, exchange or other way of transfer, shall be submitted to the employer for the record." But the land swap can not violate the "land contract law" article33The provisions of article, such as land use change, if you swap the land contract with each other to the signing of the agreement, and to the local village collective of record, but the contents of the agreement in the change of land use agreement, the agreement is invalid. If the prosecution case, suggestions for related materials consulting a lawyer. Sina (micro-blog@Major case-Du Hongtao.

 

2546Lawyers, you good, I is the Guangdong Province "Hongkong over age children" an application for immigration to Hongkong, please wait for it, in the application for immigration to Hongkong, has been applied for the accepted. Suddenly received the court summons, say less vehicle tolls "membership fee", that won't happen, affect my application for immigration?2, having received a summons, immediately pay the annual fee, so that you can? Thank you.

Answer: according to the provisions of the law, before the immigration needs to pay owed taxes, opposite party may apply to the court for the preservation of property in accordance with law, guarantee, limit etc.. As long as you pay all arrears will not affect your immigration rights. (Liu Fanggang micro-blog Sina@Just good18Degree)

 

2547, my friends in Beijing, Harbin is the home of a few months ago, wife leave children go, how to get a divorce? Alimony?

Answer: because of your friend's wife has been away from home for several months, according to the1992The Supreme People's court "on the application< of the people's Republic of China Civil Procedure Law>The views of a number of issues "article151Rules: one of the spouses One's whereabouts is a mystery., the other party to the people's court for divorce, only, not for a declaration of One's whereabouts is a mystery. people dead or missing in the case, the people's court shall accept the One's whereabouts is a mystery., by notice served a litigation document.

The direct litigation divorce, may make a judgment by default, does not affect the alimony bear, find each other after may request a one-time support (Zhou Yan micro-blog Sina@Hula little)

 

2548, Hello, want to seek advice, the house is bought later marriage, divorce is one half of the house divorce, child custody to me. Then my husband back to my house to him, otherwise we get custody of the child, I am afraid to lose a child so I and he had signed an agreement for the house to his children to my agreement. At that time I just want the child didn't want other, signed an agreement. Excuse me, can I go back to my half of the property? The house is our divorce3Months after the property permits only run down. Thank you

Answer: according to the provisions of the marriage law of the people's Republic of China and its interpretation, you belong to the common property of the couple. The marriage law at the same time, the two parties can sign the divorce agreement at the time of divorce, the property and child custody is clear. Have the force of law to the two sides signed the agreement. You get the behavior principle custody of the child was forced to abandon the house half of property effectively. But according to the views of the people through the69Shall, within one year you can be "stress" by requesting the court finds that the agreement was invalid. In fact, in real life, this kind of patient can not always get what you want, for the marriage of divorce in any one party, once thought to their agreement disadvantageous, bravely walked into the court, by law to safeguard their rights, it is the best way to avoid this kind of loss. (Liu Fanggang micro-blog Sina@Just good18Degree)

 

2549Hello, last year, the situation is as follows9Months Ping An Bank Credit Card Center called me to recommend a credit5Million, with a number of value-added services, fee600Yuan platinum credit card, after handling has been deducted from the annual fee, I was in Hongkong last month shopping card in the twelfth pen tip card failure, received the bank sent text messages to remind the card fails because the card number too much, I think the bank did not call in advance to verify unilaterally suspend my brush card lines bring great inconvenience to I, I call the customer service center to reclaim has withheld fee and cancel this credit card, there are three reasons,1The bank customer service, I recommend this credit card did not inform the card will have some spending limit, receive the cards have not written any tips, I think the banks have to attract customers with high credit, is not to use restrictions, and charge high fees;2Before, I'm spending11Record the time interval is from morning to night, there is no continuous consumption and short time of gapless, and total consumption amount not to7Thousands of dollars;3Since opening, the card I didn't use any additional value-added services in addition to credit card spending this basic functionality. Article1Is my aspirations, not with the phone several times after the customer communication is explicitly tell the refund button fee, so want to consult a lawyer expert, I would like to spend time in the economy and the cost of the system to continue with the bank is this really, through what channels can reach my appeal or it is possible? Add: my appeal is to require banks to buckle fee refunded600Block

Answer: if you apply for a credit card agreement not to limit the credit card number, bank behavior of the breach. We recommend that you first collect credit card vouchers, and the bank for negotiation of the evidence, to the local banking regulatory bureau complaint resolution. If the problem can not be resolved, can protect your legitimate rights and interests through litigation. Sina (micro-blog@Major case-Du Hongtao.

 

2550Party A: Party B:, male, female. Married couples4Years, and they have a boy, so far1Years old4Months, Party A Party B due to quarrel, hit a slap in the face, holding the steel scissors (b15Cm), stab to Party A the right lateral thigh, cause2A1When the wound scratch, and Party A the right hand side (trauma). The party wants to divorce, and have custody of the child,! Party B will Is it right? Violence? Anyway, would like to ask how to have custody of the child? Very worried! Thank you.

Answer: first of all, you can go to the Civil Affairs Bureau, the divorce agreement, no agreement or property and custody disputes, can go to court. If the woman often beat and scold the man, it is domestic violence, divorce. The stabbing of intentional injury. Slight injury can go to court, claim for compensation. Secondly, about the custody of the child, according to the "marriage law" provisions, after divorce, breast-feeding period in children, breast-feeding mothers with the principle of dependency. After breast-feeding their children, by raising questions such as the two sides dispute can not reach an agreement, the people's court according to the specific situation of the rights and interests of the child. Young children to the mother of the possibility of some.

Finally, suggest you cautious divorce. Especially the child is so small.

I hope you can help, for reference only. (Zhao Xuetao, Sina micro-blog@Bohai fourteen Lang)

 

2551, Hello, homestead to build new houses, the home, the homestead on the side of the road and is close to the road. There are two neighbors worried about the impact of the traffic, then to homestead to build new houses, called Lu Tuokuan1M (occupied land) and write down guarantee (in the future not to revert to its original form). Home to ignore the work, start stop start the neighbor walked workers. After the event to the village committee theory, the mediation, the neighbors don't bother. Now we ask, what are the effective remedy?

Answer: you on his homestead has legal right to use, but should not affect the passage of the neighboring right neighbors, if your house doesn't take to the road, did not affect the existence of other traffic situation, then the other side has no right to interfere with, if possible take up the road, the other party shall have the right to protect their legitimate rights and interests. Suggested that the two sides agreed to live together in peace together, whichever. Sina (micro-blog@Major case_Lei Wenxia.

　　

2552The defendant, I let the Hubei captured fraud money. Be sentenced to. The accused to court to give me the seized property to sell, illegal. I can carry out his criminal responsibility can't ask me to the local court. Then different execution he let him sit on a few years tuberculosis. Kindly Guide

Answer: if the dispute between you and the defendant belongs to civil disputes, the court will generally not because the civil dispute and the defendant sentenced. If the violation of your rights, criminal suspects, you can report to the public security department or the public prosecutor, the investigation for the. Sina (micro-blog@Major case-Du Hongtao.

　　

2553Everyone, advisory legal issues: after a traffic accident,AParty for theBMedical costs and other one-time compensationBParty4Million yuan compensation. And the two sides signed the contract, after each irrelevant. After three months,BParty identification constitutes a eight disabled and ten disabled, claim about three hundred thousand? How to read? (expert opinion shows that there exists a direct causal relationship between damage and the traffic accident)

Answer: exemption agreement between the parties relating to violate state law should be found invalid, so the two sides should respond in accordance with normal procedures to determine the responsibility for compensation for the loss. (@Major case_Lei Wenxia.

 

2554, Hello, disturb you so late, please do me a favor, I want to know, I do carpentry, work on the construction site, the wooden ladder broken, people fell down, right wrist was broken. (should belong to public the wound) responsibility how to bear, and he has the responsibility to do (it is the landlord and contractor) would you please do me a favor, analysis, fast answer Thank you (

Answer1"According to explain:" the Supreme People's Court on certain issues concerning the application of law in the trial of personal injury compensation case No.11The provisions of article: "the employee suffers from a personal injury when engaged in employment, the employer shall bear the liability for compensation...... The employees engaged in employment activities for production safety accident suffers from a personal injury, contractor, subcontractor knows or ought to know the accepted contract or subcontract business employer does not have the corresponding qualifications or conditions for safe production, it shall bear joint and several liability with the employer." If a labor contract relationship between you and the contractors, it shall belong to inductrial injury. If the parties failed to establish labor relations, only is the employment relationship, then in accordance with the above provisions, the Contractor shall bear the responsibility. If the landlord for the labor contractor qualification and safety conditions of the review is not strict, the owner has fault, it shall bear joint and several liability. Sina (micro-blog@Major case-Du Hongtao.

Answer2According to your description of the situation: you are in the work place to do their own work injury. But there is a premise of work-related injury is both parties with the subject qualification, one side is the employers of workers. According to the interpretation of the Supreme People's Court on the law applicable to a number of labor dispute cases(Two ()Years7Month10On the judicial committee of the Supreme Court of the1393Meeting of the)Method (release2006)6No. sixth No.5Item, article6Item. Article seventh the following disputes does not belong to the labor dispute:

(Five)Between the individual craftsmen, apprentices and journeymen disputes;

(Six)Between rural contracting households and employee disputes.

Your help is a natural person the landlord cannot calculate inductrial injury. (Luo Jiaqin micro-blog Sina@Migrant workers rights legal service platform)

 

2555In, I2012Years6Month30No. my husband signed sales contract in the intermediary in the house, give me ten thousand yuan deposit housing full payment is985000. I was going to USA need money because my house is the new house also can not handle the transfer and I need money for intermediary said they have internal change invoice to me to give me the money American before results until I2012,12,30Don't give me money, go. I'm America for half a year also did not give me the money, I was2013Years6Back home at the end of this time and sign sales contract for more than a year also gave me no limit ah ten thousand deposit to my house, but the total98Million5Thousands of ah my house exactly where idle nearly one and a half years and now they take me to court to sue the requirements to buy my house. Because of a contract. I don't want to sell one's when I need the money they don't give me two is now the prices and a year and a half ago are not the same. My contract I signed but the head is my husband intermediary him from first to last are not present the my husband signed place let I sign my husband's name is it right there is what I advocate place? is roughly such. Now they tell me to court. I also did not go to court with the complaint. Would you advise me what should I do? I don't want to sell them because when I need money, don't give me my money back home didn't need the money prices also rose I98.5Million price they gave only ten thousand deposit to my money can not sell nor sell idle houses a year and a half, really angry. you give me advice on what I should do ask you to help me. I'm almost sixty year old lady needs your help thank you to you these justice tribute to people the trouble of Mr Xu micro-blog I often see you big lawyers are great help with my old lady. I also want to help me pointing to old-age homes!

Answer: according to what you said, you need to provide some information, including your lease housing property permits only your name or your husband have two names, the production of this set of houses in your wife's share has no agreement; also need to provide you with the intermediary signed agreement the buyer payment, others agreed, breach of contract agreed; and whether this suite you both husband and wife must live. Your question relates to you and intermediary signed housing contracts are effective, whether you have the right to sell the houses alone, if you need to sell the house, if not then you don't need to sell housing. At the same time, suggest you go to court to receive pleadings and other evidence, further provides detailed evidence after consulting with consulting local counsel or you. (Lei Fugen, Sina micro-blog Chengdu lawyer Lei Fugen)

 

2556, Hello, we are such a situation, last year9In August we attended the city railway hospital recruitment examination written examination, operation, this year1Month5Formally to the hospital to work, to participate in training, and then distributed to all departments, and then began to separate shift3When the month in the notification of hospital personnel department, to sign the contract, two copies, signed at the time after the hospital personnel department to inform us of the contract also need to pay the hospital signed and sealed, so not to individuals, the contract the date is from2013Years1Month5To2015Years12Month31Day. In August of this year, with the railway hospital and local hospital center, we received notice last week, told us13Years in the nurse to take the exam, and let us go to the personnel department to sign, we went to, but there in front of us is a notice, told us before the signing of the contract is invalid, now re start recruitment examination, the specified number, we feel that saying too unreasonable, we think that we have to work more than ten months, how can you suddenly say our contract is invalid, so we refused to sign, yesterday we had hope to take the test, after all, also saw a week's book, with what the examination work clothes well, hope that the leadership can be considered for us later, but went to, the leadership attitude is not good, say what you are not legitimate, now the exam is to give you a chance, you should test the test, do not roll. This sentence when we listened to very frightened, so rejected the test, we also find the hospital director and personnel department, hope they give us an idea, can not say that we do in disorderly fashion here, recruitment is you, now do not admit that we are you, but they just don't stop for you the contract is invalid, to deceive us. Our social security they have to, ask, you do not acknowledge our contract, but why buy us social security. Moreover, to from the hospital after the merger, we mean every month only more than 400 wages, even the urban minimum living security is not reached, the matter we'd like to hear your suggestions

Answer: with your hospital and another hospital, then your labor relations should undertake by the merger of the hospital, the hospital merged unilaterally announced prior to the signing of the invalid labor contract has no legal basis, re examination can be used as the post adjustment way, but can not be used as the basis for the validity of the labor contract. And after the hospital before the merger, are paid to you, and pay social security, labor relations between the two sides of the legal existence, the hospital should continue to perform before the labor contract signed, the present hospital unilaterally withholding wages, and wages below the local minimum wage standard, in violation of the labor contract law article38The rules, you can report to the labor inspection department, or directly file a labor arbitration, can request to backpay performance of the labor contract, etc., can also request to terminate the labor contract, the hospital to pay economic compensation. Sina (micro-blog@Major case-Du Hongtao.

 

2557Now, I read in school, my mother in my living expenses, but I have a limb healthy father, what do not go to work, and I together with my mom to raise, I go to school every day, he every day at noon at home cooking, but my mother had married another my parents, but I did not receive a marriage certificate, my account is in my mother's side, now my mom there two people a month only more than two thousand dollars, but also secretly down money for our two meals, my mother the pressure is too much, so I want to my father went out to look for work, but he refused, and bad tempered, now buy wine to drink at home, said if I whether he put me away, he would take care of my primary school, I read the junior middle school three years, high school three years he never had me, I read my school now he's going to come and live with me to eat live Lai Lai, not only that, today, temper also call the past harassment of my mother, I is not a dutiful son what happened, what should I do? Give some advice

I read three years of junior high, high school three years he never had me, I read my school now he wants to come and live with me to eat live Lai Lai, not only that, today, temper also call the past harassment of my mother, I is not a dutiful son what, what happens to me the how to do? Give some advice

Answer: according to the general inference, you have not minors; even before your parents with a "fifth" the provisions of factual marriage interpretation of the marriage law, they are now non spouse relationship. Therefore, you have no right to legal aid in your father for your tuition fees, accommodation and so on; mutual support you both parents has no marriage law obligations, if your mother is no longer willing to provide financial support for your father, your father has no right to put forward the related requirements.

According to the "Public Security Management Punishment Law" the forty-second regulation, five days detention or a fine of five hundred yuan; if the circumstances are relatively serious, place below for more than five days to ten days detention, and may concurrently impose a fine of five hundred yuan of the following: threatening letters or threatening the personal safety of another person by any other means. According to the present situation, you can to the police, to make administrative punishment by the latter according to the law. If a trouble or domestic violence against you, you can appeal to the public security organs, by the latter according to "Public Security Management Punishment Law" twenty-sixth or forty-fifth administrative penalty. However, the best solution to family disputes in moral field communication. (Li Jie, Sina micro-blog: Constitutional citizen)

 

2558After marriage, men and women25Years of trouble, but didn't want to divorce, but soon discovers the woman often home to spend money, even the last two people do business earn6.7Thousands of dollars to put this woman money to two younger brother, the man don't agree, because the business cost is the man and woman has the property out of the capital, but two people have the control of money, I would like to ask the man how to safeguard their own interests, in order to avoid if the divorce marital property disputes, preventing the divorce before the money appropriated for himself, this is the man should protect what law? What kind of measures? How to implement?

Answer1Men and women: even if the total property by the woman's control, invariant properties of the property, should be the common property. The man may be based on the "marriage law" article47Provisions to protect themselves, "at the time of divorce, one party is hidden, transfer, sale, destroys the couple's joint property, or forges debts in an attempt to seize the property of the other party, the division of common property, to hide, transfer, sale, destroys the couple's joint property or fabricates the debt side, can be less or none. After divorce, the other party found that the above-mentioned acts, may file a lawsuit to the people's court, requesting another division of the couple's joint property. The people's court for the provisions of the preceding paragraph obstruction of civil actions, in accordance with the civil procedure law." That man from now began to pay attention to collect some of that woman misappropriation of written material. (Wang Anfeng, Sina micro-blog@Feng__Pick up)

Answer2According to the "seventeenth": an interpretation of the marriage law: (a) the husband or wife in the treatment of the joint property of husband and wife on the right is equal. Because of the needs of daily life and the joint property of husband and wife, any party shall have the right to decide. (two) the husband or wife is not needed in the daily life of the common property of the couple make the important decision, couples should be equal consultation, agree. People have reason to believe that the common meaning of both husband and wife, the other party shall not agree or do not know as against a bona fide third party.

That, as long as the amount of money is not particularly large, and is used in daily life needs, such as the elderly, relief families, couples have the right to decide on the matter to dispose of property; if you make an important decision is to couple the two sides consensus, which generally refers to buy a house, buy a car will be spending large amounts.

In this case, the woman often home spending behavior as the common property of the couple's action, as long as the money is not very big, she is completely determined by the reason unilaterally, without your consent. Already in the home to spend money, you don't have to come back. Because in the law, which belongs to the already delivered property donative behavior. The delivery of the gift, it cannot be withdrawn.

1You can implement the marital property respectively, ownership from now on with her during the negotiation, the marital relationship from one half of the property, spend all the money, if the woman does not agree, but you're not ready to divorce, that you can't request the division of property.

2, if you have evidence to prove the existence of the following two situations: (1The woman has hidden, transfer), sale, destruction, waste the joint property of husband and wife or forge the conjugal debt and other serious damage to the joint property of husband and wife interests behavior (2) you have a statutory obligation of the people (usually your parents) suffering from major diseases need to heal, the woman does not agree to pay medical expenses. So, you can request a court to segmentation of the joint property of husband and wife, but also keep the marriage relationship.

3If you are going to divorce, the woman, and that will be the transfer of property, you can first apply for property preservation before litigation to the court (to provide clues to the property and guaranteed), the court ruled that the you want to sue divorce one month after preservation of internal, or failure to preserve. (a morning Sina micro-blog: Major-Cheng Chen.

 

2559Excuse me, in the notary wills, notarial undertaking in the file in the comments column instead of the notary office director signed "consent certificate" examination opinions and replace the notary office of director signature, and the notary office director and the notary certificate must be together as one of the two notaries. In this the notarial will, the testator has died, the notarial will that can produce legal effects? Notarial procedure is flawless? Ask the notarization procedure revoked?

Answer: according to the "Notarization procedure rules" fortieth "· · · · responsible for notarization institution or appointed in charge of examination and approval shall not be approval of notaries Notarization" oneself according to the situation you describe, notarial act not in conformity with the statutory procedures, you can review it to the notarization institutions and proposed to cancel the a notarial will apply, if not successful, can be to the local notary associations complaints or directly file a civil lawsuit to the local people's court. (Sun Zekang, Sina micro-blog@Cixi lawyer Sun Zekang)

 

2560Please help me to answer, the following events of who is to blame, if negotiation, how do I want to negotiate the refund is best? I to the2013Years7Apply the month Japan trainees project, to9The month has been the Japanese company, the labor contract at12The month to sign, but the conduit company has been notified to pay third times money (for the first time1000The second time2000The third time20000The fourth is, in the visa down payment10000). Now, because the family economic reasons, unable to pay the money, so I decided not to and refund, but the conduit company said waiver will not refund, the problem is, from sign up to now, did not sign any of a contract, a lot of issues are not clearly; today to show my attitude, talk about whether the formal they said they need, reporting to the company, negotiation and deduction of various expenses, such as fares they, Japanese eat what, only one point, I was afraid they were false, to the last difficult negotiation.

Answer: Although you service and conduit company did not sign the agreement, but both sides have matters related to actual performance, also part of the cost, now you ask intermediary refund, the nature of unilateral breach of contract. You can ask the conduit company to produce service to your fees charged at the standard, the actual cost of the project, bills, and illustrates the practical difficulties, and friendly consultations between the conduit company, please refund part of the cost. Sina (micro-blog@Major case-Du Hongtao.

 

2561Does Hebei province Xianghe County, the owners Shoufang, developers for the charge3%Taxes (family suite,90Square metres), later identified as back the first suite2%In addition, it is reasonable, developers also charge gas interface charge2000Element, cable TV engineering costs300Yuan, Hebei Province in2010Years8Month20On the down file, prohibits the charging of, is this reasonable? How to safeguard their rights?

Answer: the specific collection of taxes need to consult the local taxation department, if the developer in accordance with the3%To collect taxes, and can not give you the corresponding invoice, you have the right to file a complaint to the local tax department. As for gas interface charges, cable TV engineering fees, according to relevant regulations shall be borne by the developers, property buyers without the burden, you can keep the relative payment notice or bills, dealing with complaints to the local housing management sector, the construction sector. Sina (micro-blog@Major case-Du Hongtao.

 

2562, real estate companies signed a agreement with the banks to mortgage, but the property can not be handled property, does the bank will auction the agreement? What is the basis and legal consequences of the auction?

Answer: the premise: your so-called "not for property", can I presumption is for two reasons: one is due to the program; and other reasons, temporarily unable to handle the transfer of registration of ownership, the matter is clean, it does not exist any encumbrances. Two because the object on the right (for example: This is the burden of mortgage, the property registration in the name.)

In the first case: the law is the registration confrontation doctrine for the transfer of property to take, if not for the registration of property rights change (or transfer), as long as the delivery, real estate property rights as the transfer. Real estate companies will be delivered to the bank, as ownership of the matter has been transferred to the bank by the real estate company. So do not handle the registration of property rights does not preclude bank acquisition of ownership. At this time, the bank as the title to the property is of course free to dispose of the matter, the auction can of course. (see "property law" article23,24A)

In second cases:1If the matter, registered in the name of others, can not handle the transfer procedures. At this time, the real estate company even if the object delivered to the bank, the bank can not obtain the ownership. The bank also can not unilaterally decide the auction, only through a real estate company, the property rights agreement, the first auction, proceeds from liquidation property company owed the bank debt, the remaining returned to the property.

2,If the matter is the mortgage can not handle the transfer procedures, the bank is still not unilaterally decided to auction the collateral, but by the property company after the consent of the mortgagee, and then the auction, the proceeds to the priority of repayment mortgage debt, the remaining can be used to repay the bank debt, if there is surplus the property of the company, all belong to. ("property law" article191(a) into the morning micro-blog: Sina-Cheng Chen.

 

2563, criminal cases, police station does not stand, always back, looking for the Public Security Bureau leadership without effect, want to let the case quickly, have what good method

Answer: first of all, the public security organ that the criminal facts are slight, when not needed for investigation of criminal responsibility, not on file. Second, do you think the public security organs not filing the case it is improper, can have three kinds of remedy; one is to the public security organ shall not register the application for reconsideration. The two is to request the people's Procuratorate shall register. Three is to bring a private prosecution to the people's court. (Zeng Xin Sina micro-blog@Sunflower hearts)

 

2564,The company has a porter, he and his colleagues were fighting each other, first after he hit back, unit personnel fired him with the law? He worked for more than two years if not be arbitration unit?

Answer: if employees fight did not constitute a criminal offense, the unit can according to the rules and regulations on the punishment, if not specified in the bylaws fights can dismiss, direct fired employees, may lead to labor disputes, the employee has the right to file a labor arbitration. Sina (micro-blog@Major case-Du Hongtao.

 

2565Teacher: Excuse me, China Telecom suddenly from my account to buckle ten money, is based on an old number I stop for more than a year, this number Baoting after never again to provide service, can you tell me how to get my money back? Thank you.

Answer: can you stop during charging complaints to the telecom service, its return; if not solve, can reflect directly to the local communication management board. (Du Hongtao, Sina micro-blog@Major case-Du Hongtao.

 

2566The case, as follows2011Do abortion operation in the maternal and child health hospital in the city at the end of the year, after the body has been very poor, continue to search, do a lot of tests, has recently been diagnosed as pelvic inflammatory disease, do the accidental discovery of induced abortion wereBSuper show only the right ovary, and before the examination table display left and right ovaries were normal morphology. Now how to hospital to justice, patients are vulnerable, hope big lawyer can help, thank you very much!

Answer: recommend you to do the medical accident identification. To copy all outpatient medical records, hospital records, test operation and anesthesia records, pathological information from medical records, report to the Department of health, the application of technical appraisal of medical accident. Any of the following circumstances, will not accept the medical technology identification of medical accident:(A)One of the parties directly to the medicine the appraisal application(Two)Medical accident dispute involves a number of medical institutions, one of the medical institutions where the Medical Association has accepted the(Three)Medical accident dispute has been the people's court mediation agreement or judgment(Four)The parties to a lawsuit in the people's court(Except for the judicial organ()Five)The illegal practice by the patient health damage(Six)Other circumstances as prescribed by the Ministry of health. (Zeng Xin Sina micro-blog@Sunflower hearts)

 

2567,2013Years10Month19Day, the traction property of conduit company and I signed a contract in the sale of housing, the landlord in the day I not present no landlord himself any documents and power of attorney, a 28 year old man with the house sale contract signed books to generation, after two weeks, the landlord knows this matter, do not agree to sell, 28 year old man went about I agree and return my deposit, after consultation, we decided to abolish the contract between two parties, and did not inform the conduit company, I would like to ask the legal contract? Conduit company is chasing me let me travel agency fee agreements, how should I do?

Answer: if the purchase contract signed with your man is not property, but the property for this transaction is not recognized, it can not achieve the purpose of contract, and signed the purchase contract with your people the existence of fraud, you have the right to demand compensation for your loss. The conduit company shall bear the obligation to review the qualifications, but at present, the seller does not have property rights, the existence of a conduit company is not strictly a review of the transaction can not be reached, there are certain responsibility, according to the relevant provisions of the contract law, you have the right to refuse to pay, but for conduit company to facilitate transactions to pay operating costs need to pay. (Du Hongtao, Sina micro-blog@Major case-Du Hongtao; Tian Chentong, Sina micro-blog@Tian Chentong_We should always remind ourselves)

 

2568, major, Hello, I have a trouble, help see next: Shanghai, a female employee, salary7000And make 5 narrow pass, just become pregnant, already two months, now from time to time to pregnancy testing uncomfortable for not go to work, and suggested that the company dismissed her and compensate her one hundred thousand yuan to solve. Please help, how in the most economic way to solve it? Look at the labor law, seems to be how the company is a big, really Qu, don't know what to do to lose so much money?

Answer:1According to the labor contract, the labor law completely fulfill the obligation of compensation, but to lose one hundred thousand requirements, may consult with and without reasonable grounds. If no agreement, contract law has not stipulated the compensation request right, can be in consultation with the lower, but no matter when, protecting personal health as the first argument.

　　2In accordance with the law or the loss? Breach of contract does not pay the most shameful. (Tian Chentong, Sina micro-blog@Tian Chentong_We should always remind ourselves)

 

2569, I want to ask, our neighbor woman this year75Years old,2012Years of8In his only son34Year old at the site accident died, leaving the old man and his wife, daughter-in-law not have no children, after the accident site compensation65Million yuan to the old man on the card, back daughter-in-law took home made the old man to the daughter-in-law one30Million, the remaining5Million funeral, funeral wife went through don't live at home, leaving the old man lives alone, and later wife often took large family trouble, and the old man into the old man to death, every time the old man wanted to toss about death, the old man's house, the house is ten years old and her son cover a floor, son married back two floor, when my son died not to get married4Years, daughter-in-law of the doings neighbors see not bottom go to, accused her daughter-in-law, don't come back trouble, recently told the old man her daughter-in-law and found a house, and now lives there, but a few days ago his wife had come back to take things, the old man wanted to ask like this old man can refuse to daughter-in-law go back to the home, can have what remedies?

Answer:1"Personal protection measures" may prevent the daughter-in-law, domestic violence, but completely out of its home seems unrealistic.

　　2The case constitutes violence. According to the Supreme People's Court on certain issues in the application of "marriage law of the PRC" (a) (Interpretation2001) article1, "domestic violence refers to acts by beating, binding, forced restriction of personal freedom or other means, causing some damage consequences to the family members of the body, spirit, etc.. Persistent, frequent family violence, constitutes maltreatment."

　　3See "application involving domestic violence case" the third chapter guide to marriage. (Tian Chentong, Sina micro-blog@Tian Chentong_We should always remind ourselves)

 

2570My husband10Because with the traffic police quarrel, hit the traffic police, was convicted of obstructing public security crime, a criminal offence, Is it right? We should ban Shanghai residence permit, travel abroad, and immigration are gone? This record will be accompanied by his life, will affect the next generation?

Answer: criminal penalties for the residence permit in general no influence, traveling abroad will not examine whether the criminal punishments. But the words will have a certain impact. Criminal record will be saved in the personal information, cannot eliminate. But the criminal record is a personal thing, no influence on the next generation. (Du Hongtao, Sina micro-blog@Major case-Du Hongtao.

 

2571I went to the bank to deposit money, have bought insurance, insurance companies now called me the money, I don't want to pay, were told to surrender will have almost half the losses, how do I get my money back?

Answer:1According to the provisions of the "insurance law", as the insured you enjoy the right to rescind insurance contract, on the other54Article

Provisions, the insurance liability begins, the applicant requests the termination of the contract, shall pay commissions to the insurance contract,

The insurer shall return the insurance premium. After the commencement of the insurance liability, the applicant requests the termination of the contract, the insurer shall be received

The insurance premium in accordance with the contract net, since the beginning of insurance responsibility to the date of termination of the contract date receivable part, return investment

The proposer.

　　2So if you want to terminate the insurance contract, according to whether the insurance company has to pay insurance gold to calculate you should retire or returned. (Chen Jinghua, Sina micro-blog@Not the so-called0303)

 

2572, such a case, a from bought a farm dog, blood, but no health certificate seller said (there is no specific it proved). A raised three days later, the man later sell B, give the friend C. C raised two months after the dog sick is a congenital disease. Then C said to the dog a medical examination not found out because of the disease is dialysis can see. Now buy a dog when a C accused did not take to the vet or prove its health. I do not know there is no responsibility?

Answer: no responsibility. Because there is no legal relationship between a and C. C and B there are gift. China has not had the law to buy the dog dog owners must make health examination for dogs. (Lin Jianan, Sina micro-blog@TIMKOBE_wg5)

 

2573Hello, I want to ask, can return to children through what way. Hello, my wife (we do not divorce) suddenly took the children to the Wuhan missing after a week, I alarm regardless of the police. So should contact the people don't have contact with her, then she's said she had sent the parcel by post to the address, check that she sent to Yunnan somewhere, and family from Wuhan to Yunnan seeking, finding an address on the place, do not see he saw children clothes, through the understanding and the coordination she did not appear just know she took the children to a man in the house, the police mediation fail I only returned to Wuhan, I would like to ask how to see the child by law and then back to the child?

Answer: according to the general principles of the civil law16The provisions of article, the parents of a minor are the guardians of minors. According to the marriage law article21Regulation, parents have the duty to bring up and educate the children36Provisions, after the divorce can be advocates for children and common life rights (old people say custody). That is to say, in the divorce your wife before and there is no way to advocate the "custody". Left is a disadvantage of marriage, on the growth of children's behavior with her children. According to the law on the protection of minors in12The provisions of article, your wife infringes upon the lawful rights and interests of the minors guardianship, shall bear the liability according to law, the relevant departments of education does not change, the people's court according to the relevant person or unit application, cancel the qualification of the guardian; in accordance with the provisions of the general principles of the civil law sixteenth, shall be separately determined the guardian. But the premise is to find his wife and children. You can ask your wife finally appear where the women's complaints, requests for help, can also request the local police to help find clues, the key depends on his wife's relatives and friends to provide clues. Of course according to the provisions of the civil procedure law, you can also ask your domicile of the court for a divorce, but the baby's "custody" can win, still need to find people to judgment. (Liu Fanggang, Sina micro-blog@Just good18Degree)

 

2574, Hello, I want to legal questions, I was a nurse in the know pregnant, had been in poor health for sick leave, already had four months, recently the hospital to be held every year to test, asked me to participate in, is this just the general test, I need to listen to the arrangements must test the disease in the fake? Thank you?

A: during female worker is pregnant, the unit shall be arranged to engage in national level III physical labour intensity and pregnant women taboo to engage in labor, the labor time shall not be extended beyond the normal working day; to cannot bear the original work, should according to the medical department that, to reduce labor amount or other work arrangements. Female workers engaged in the Engineering Department of field survey work and the construction of the first line of work, should be properly arranged. According to the physical labor intensity classification, exam should belong to the first class light labor, has not yet reached the level of labor.

   If you take the exam is difficult for pregnancy you speaking, units negotiated settlement proposal. (Zhang Wulin, Sina micro-blog@Zhang Xiaozong five kernel filling)

 

2575, Hello, back before I rented out the house, found a shutdown protection cost one didn't pay, go to the telecom company asked to2006Years now7Years are not handed over, now pay Bao, and fines over 2000, the telephone is the home of the elderly's identity card registration, now head of Qing Dynasty not awake. Do I need to pay the money?

Answer: if the telecommunications company cannot prove the security fee to stop you or host a during shutdown protection, two years before the costs have exceeded the limitation of action, you can refuse to pay. Secondly, for the fixed telephone down the fee itself, according to the "Interim Measures for the levy and management fees occupy the telephone number,"(Hereinafter referred to as "approach")Regulations,"Code resource occupation fee by the possession, use the number, telecom operators bear,The telecommunication business operator shall not charge to telecom user code resource occupation fee",You can refuse to pay the cost. (Du Hongtao, Sina micro-blog@Major case-Du Hongtao.

 

2576Case: in, Wang2008Years8Month1To enter theAFactory work, the same year8Month20DayAFactory and Wang Mou signing written labor contract (the first time), a contract for a period of2008Years8Month1To2009Years12Month31Day, contract wages2500Yuan per month, such as pay, according to the rules and regulations of the company. From the2009Years4Month salary adjustment2900Yuan a month.2009Years12Month31DayAFactory and Wang again sign a written labor contract (second times), agreed to the contract for2010Years1Month1To2010Years12Month31Day, salary3400Yuan per month, such as pay, according to the rules and regulations of the company.2010Years12Month31The day after,AFactory no longer and Wang signed a written labor contract, Wang has also beenAWork in factory jobs,2011Years4Monthly salary adjustment3600Yuan a month, a year the prize for130002012Years4MonthAFactory once again pay adjustment, Wang wage adjustment4000Yuan a month, a year the prize for16000,2013Years4Month and a salary, wage adjustment for Wang4200Yuan a month, a year the prize for18000If2014Years3Month31A normal day Wang resigned from the company, according to the labor contract law the first paragraph of article fourteenth third and eighty-second second, excuse me whether Wang right from2011Years1Month1Date to2014Years3Month31Japan enjoys2Times salary right?

Answer: the "labor contract law" article fourteenth paragraph second third "continuous conclusion of two fixed term labor contract, and the employee is not the law of the thirty-ninth and fortieth first, second cases, to renew the labor contract." The second "the eighty-second employer violates the provisions of this Law and workers do not enter into a non fixed term labor contract, it shall conclude a non fixed term labor contract, to pay two times of monthly wages of workers in accordance with the" content, and you make two labor contract, did not sign labor the contract, but the fact labor relations will continue to2014Years3Month31Day. Back to the law, personally think that how to understand the "continuous conclusion of two fixed term labor contract, and the employee is not the law of the thirty-ninth and fortieth first, second cases, to renew the labor contract" is the key. Personally think that there can be understood as follows:1The topic content, is to double the wages, employers in the signing of the two labor contracts with workers, in the third have not signed, but both default to the factual labor relationship, as to renew the labor contract, it belongs to "violation of the provisions of this law does not conclude a labor contract without a fixed term" situation with workers, should pay double salary.2, that the so-called "to renew the labor contract", there is a continuing a meaning, and the labor contract is a labor contract labor relations, labor relations between the two sides is not equal. The default of the factual labor relationship exists and cannot be considered is to renew the labor contract. Therefore, does not belong to "do not violate this Law and the employee without a fixed term labor contract". It should be in accordance with the fourteenth paragraph third, the employment of a full year without concluding a labor contract both sides as a non fixed term labor contract to handle.3, "the employing unit violates the provisions of this Law and workers do not enter into a non fixed term labor contract" refers only to the shall conclude a non fixed term labor contract the parties entered into a fixed term labor contract or other. This does not apply to.

But in practice, the labor arbitration institutions generally limited to one year period of arbitration, arbitration, within one year of the double salary support, others think beyond time, will not be accepted. Personal opinion is for reference only. (Wang Hongyi labor supervision, Sina micro-blog@The earliest80After)

　　　

2577Hello, I want to ask next, let the students practice school compulsory illegal? If belong to what measures should be taken right?

Answer:1Schools should ask students to participate in practice to practice, practice is also a kind of teaching now need.

If the practice is really is the teaching need, you should attend. Or refuse.

If is the graduation practice, schools can cooperate with enterprises and institutions to provide internship opportunities for students, but should not force students to practice. Chosen by students themselves to the school recommended enterprises or their choice of enterprise practice.

2Can reflect the complaint to the Department in charge of education. (Cai Shengqi, Sina micro-blog@The NIBAndPhoto)

 

2578, Hello, I want to seek advice, adultery, the couple got a daughter and a son, now ready to practice, daughter, son in high school, there are three real estate home, two houses in the country (the property permits to write is the name of her husband) and a county (buy in when is the70Million, the couple work30Million, and40Million is his wife's sister, the property permits to write is the wife's name) in addition, the home of the mountains, three cars are in the husband's name, if the wife asked for a divorce, the court should be how to judge, how to let the wife for more interest

Answer:1   The two house, and mountains, three cars belonging to the joint property of husband and wife, who wrote the name of the certificate has no effect.

2    The county is in the house, of which about three hundred thousand belong to the common property of the couple, in addition40Million by the wife younger sister, this40Million of conjugal debt, by the husband and wife two people share the burden.

3    My daughter has grown, there is no problem of minor custody, son, husband and wife both parties who raised by, should be good for the development of the child as the premise, should also consider the views of the child. Husband, wife of one party raised, by another party to pay alimony.

4    Her husband an affair, which belongs to the fault of one party, the ruling party will tend my wife.

5    The so-called peace and not to leave, to sue for divorce is the last choice, but also hope to think again, try to make the home maintenance down, the children have the advantage of. (Zhang Jingran, Sina micro-blog@Goodbye twenty-one)

 

2579And, I3A friend opened a night market stalls, and the original owner signed6Months contract. Pay2Million deposit, each5000The provisions of the contract, without full6Month deposit. Now do a half a month, one of my friends told me to quit, lead to business. To2Million deposit. We ask3Per person5000Can you ask him?

Answer: according to "the views of the people through" article52Regulation: partner withdraws from the partnership, a written agreement agreed, according to the written agreement;A written agreement did not agree, in principle shall be permitted. But because of its withdrawal causes losses to the other partners, consideration should be given to the reasons for withdrawal, and the fault of the parties and so on, determine its should undertake compensation responsibility.

Therefore,2Deposit million can be regarded as the common loss during your operation, such as a written agreement agreed, according to the written agreement, if there is no written agreement can be based on the withdrawal reasons, your friends and the reason for the fault of the parties to determine liability shall bear. (Wang Jingbin, Sina micro-blog@Major case-Wang Jingbin.

 

2580In rural Qingdao, I was,94Father's death,03Years in the family the only brother died, I will divorce from Qingdao,04Mother moved to my sister Home Furnishing live, in persuading my brother-in-law, the house sold to my brother-in-law's cousin husband (outside the village, Li Jieming) about half of my mother in the sister who lives not, want to return to the house to Lee Jieming compensation, rejected by Li Jieming. After a period of time, Li Jieming found my eldest sister said at the time and my mother signed contract lost, to fill a, be written to Li Jieming's brother-in-law (Liu Tongwei I of this village) my brother-in-law is from my mother and Li Jieming signed a contract to sell, Liu Tongwei (my people) then I know that this matter, in the2012In October I took Li Jieming to court to sue,1No.11Session, Li Jieming showed my mother and Liu Tongwei signed the contract, I look stupid, never heard my mother said, Li Jieming in court that people never find his consultations this room. What should I do? What law?

Answer: first of all, you tell Li Jieming the rural homestead transfer dispute case, due to the nature of the rural homestead limit, according to the provisions of the relevant laws and regulations of land, the assignor and the assignee shall be members of the same collective economic organization, by Li Jieming, and your mother is not the same village, the transfer act invalid according to the contract, the court can be. Second, Li Jieming in court to show your mother Liu Tongwei and the village signed the contract, since you are the sister who from your mother and Liu Tongwei signed a contract signed, certainly not your mother and I signed the contract, in accordance with the law has not been established, for your mother not binding. (He Yaohui, Sina micro-blog@He Yaohui lawyers)

 

Disclaimer: this platform to answer on behalf of the respondents, personal point of view, for advisory reference

"[/Case]."

Beijing Institute of Justice Research Institute

Focus on major cases, the compilation of data files, promoting case study

Depth of investigation, case tracking, simply view columns

Micro-blog @ case; Tencent / Sohu @

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 situation

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