Case law students need

A,Litigation notice

Two,A small case of life

    1,And what is the difference between the IOU IOU?

    2,Folk loan is protected by law it?

    3,Premarital property is the personal property right?

    4,Invalid illegally obtained evidence?

    5,Drink slowly, Zhang also share responsibility!

    6,Overtime pay to double, to ask for is the key!

    7Consumption does not forget to cable, evidence, adults can be smooth!

A,Litigation notice

The people's court case is based on the facts, the law as the criterion. To facilitate the parties to correctly master and the exercise of rights and obligations, the court trial activities under the supervision of people. In accordance with the relevant legal provisions, especially by "litigation notice", the parties and their agents in our hospital procedure, please carefully read the "litigation notice".        

One, to the court proceedings, shall meet the following conditions:

1The plaintiff is a citizen, legal person or any other organization, that has a direct interest in the case.

2, a definite defendant.

3, have specific claims, facts, reasons.

4, belonging to the jurisdiction of cases.

Two, the school of management in the following cases:

1The defendant, domicile or habitual residence, place of tort, contract, the subject matter of the insurance is located, bill payment, transport origin or destination, railway, highway, water and air accidents or first arrived in our hospital within the jurisdiction.

2Do not live in, within the territory of China, One's whereabouts is a mystery. or declared dead, prosecuted reeducation through labor and imprisonment, the plaintiff's domicile or habitual residence in our hospital within the jurisdiction.

3Property disputes, immovable, the inheritance of the decedent died domicile or the main heritage in our hospital within the jurisdiction.

4More than two, the people's court shall have jurisdiction over the lawsuit, the plaintiff may to which a people's court; the plaintiff to more than two jurisdiction of a people's court, the court accepts the case first.

5The other, according to the "civil law", "Criminal Procedure Law", "administrative procedure law" and other laws and regulations should belong to the jurisdiction of this court case.

6, litigation bid the same city400Million yuan, different city200Million yuan of the following civil and commercial cases. (contain the number)

Three, registration, fees and to trial:

The criminal, civil, administrative trial and forestry, appeal, retrial cases and the state compensation, executive cases decided by the court case. On the court approved pre litigation fees, and notify the party concerned within the statutory time limit, the hospital accounting room to pay legal costs, to register formalities to the relevant business court.

Four, to pay the cost of litigation and payment standard:

1, the case acceptance fee:

(1) property case: according to the claim of the amount or value, paid in accordance with the following scale

No more than1Yuan: each to pay50Element;

Exceed1Million to10Yuan: the amount of subject matter of litigation*2.5%-200Element;

Exceed10Million to20Yuan: the amount of subject matter of litigation*2%+300Element;

Exceed20Million to50Yuan: the amount of subject matter of litigation*1.5%+1300More than yuan50Million to100Yuan: the amount of subject matter of litigation*1%+3800Element;

Exceed100Million to200Yuan: the amount of subject matter of litigation*0.9%+4800Element;

Exceed200Million to500Yuan: the amount of subject matter of litigation*0.8%+6800Element;

Exceed500Million to1000Yuan: the amount of subject matter of litigation*0.7%+11800Element;

Exceed1000Million to2000Yuan: the amount of subject matter of litigation*0.6%+21800Element;

Exceed2000Yuan: the amount of subject matter of litigation*0.5%+41800Element.

(2Divorce cases): each to pay200Element. Involving the partitioning of property, the property does not exceed the total amount20Million yuan, without pay; more than20Million to0.5%Pay.

(3Non property cases): name right infringement, name right, portrait right, reputation right, reputation right and other personality rights cases, each to pay100-500Element. Relating to the compensation for damage,5Million yuan without pay; more than5Million to10Million, the1%Exceed10Million to0.5%Pay. Other non property cases each pay50-100Element.

(4Labor dispute cases): each to pay10Element.

(5) intellectual property disputes: no dispute amount, each to pay500-1000Yuan; disputed the amount of fees paid by property cases.

(6Bankruptcy bankruptcy property): according to the total amount of property, in accordance with the case acceptance fee paid by the standards, but not exceeding the maximum30Million yuan.

(7) administrative cases: trademark, patent, the maritime administrative cases each pay100Yuan; other administrative cases, each to pay50Element.

(8Objection to the jurisdiction of the case): if the objection is not established, each to pay50-100Element.

(9) apply for revocation of an arbitral award or confirm the validity of arbitration agreement case: each to pay400Element.

(10) by mediation or the parties to apply for the withdrawal of the suit, summary procedure applies to the trial of cases, the defendant filed a counterclaim, the third party with independent claims related to the case of the claim, the people's court decided to merge the trial, half pay the case acceptance fee.

(11The litigants in the lawsuit) change request, the fees for accepting the case in accordance with the following provisions: the treatment increased litigation amount requested, in accordance with the increased litigation request computation pay; the parties in the end proposed reducing the amount of the investigation before the court, in accordance with the reduced litigation request refund amount calculation.

(12) the procedure for trial supervision court cases: the parties have new evidence, enough to reverse the original judgment or ruling, apply to the people's court for retrial and the parties to the people's Court of first instance or the ruling did not appeal, the first judgment, ruling or mediation book takes legal effect and the application for retrial, the people's court retrial the case against the original judgment, in accordance with the retrial request amount pay the case acceptance fee. Other people's court according to the provisions of the civil procedure law and administrative procedure law on the procedure for trial supervision procedure, the parties do not pay the fee.

  The following case does not pay the case acceptance fee:

(1According to the special procedure) the provisions of the civil procedure law cases.

(2) ruled inadmissible, the prosecution dismissed, dismissed the appeal of the case.

(3) on not accepting, the prosecution dismissed the objection and ruled against jurisdiction, the case of appeal.

(4) Administrative compensation cases.

(5) appeals the case acceptance fee: appeal of property cases, in accordance with the verdict of the first trial of appeal amount pay the case acceptance fee.

2(the applicant does not pay fee, execution):

Without the implementation of the amount or value: each to pay50Yuan to500Element;

No more than1Yuan: each to pay50Element;

Exceed1Million to50Yuan: the implementation of the amount*1.5%-100Element;

Exceed50Million to500Yuan: the implementation of the amount*1%+2400Element;

Exceed500Million to1000Yuan: the implementation of the amount*0.5%+27400Element;

Exceed1000Yuan: the implementation of the amount*0.1%+67400Element.

3, property preservation:

In case of emergency, the legitimate rights and interests of irreparable damage, the parties may apply to the people's court in writing and put forward measures for the preservation of property. If a party applies for property preservation, it shall provide guarantee, do not provide property security, the people's court shall reject the request, the application is incorrect, the partiesTo compensate the respondent for the preservation of property losses.

Property amount not exceeding1000Yuan or not relates to the amount of property: each to pay30Element.

Exceed1000Yuan to10Yuan: in accordance with1%Pay.

Exceed10Yuan: in accordance with0.5%To pay, but not more than5000Element.

4, other related expenses paid:

(1For an order of payment): according to the property of case acceptance fee standard1/3Pay.

(2) application for public summons: each to pay100Element.

(3) the witnesses and expert witnesses, interpreters, adjustment of workers to the occurrence of traffic charges, in the people's court appointed accommodation, living costs and delays subsidies: by the people's court in accordance with the national standards for the actual offspring charge.

(4) parties to copy the case file materials and legal documents shall be submitted to the people's court to pay the actual cost of production.

(5) litigation process for identification, announcement, inspection, assessment, auction, translation, sale, storage, storage, transportation, Marine Supervision occurred shall be borne by the parties concerned of the people's court according to the cost: who advocates, who burden principle, determined by the parties to the relevant institutions or direct payments unit, the people's court shall not withhold and pay.

(6The people's court) provides local national common language, language translation in accordance with the provisions of the Civil Procedure Law of the eleventh provisions of the third paragraph, do not charge a fee.

 5, deadline for payment:

(1The people's court) after receiving the notice of the next day to pay the cost of litigation7Days to pay the fee for accepting the case, the counterclaim cases filed counterclaims by the parties since the counterclaim from the next day7Days to pay the case acceptance fee.

(2) appeals the case acceptance fee by the appellant submitted to the people's court when the appeal, both parties appealed in advance, respectively. The appellant in the appeal period has not paid the cost of litigation, the people's court shall notify the7Days in advance.

(3) application fee by the applicant or the people's court within the time limit specified in the.

(4) if the party concerned refuses to pay the litigation costs and did not put forward to apply for judicial aid, or for approval of judicial relief is not, in the people's court within a specified period of time not to pay the cost of litigation, handled by the people's court in accordance with the relevant provisions.

 Litigation rights and obligations of the parties, five

(a) the parties shall enjoy the following rights in litigation:

1, entrust an agent to participate in litigation. A divorce case, shall appear in the proceedings.

2The right to apply for withdrawal. The parties believe that the judges, clerks, interpreters, expert witnesses and inspectors are in conformity with the statutory conditions and application for withdrawal, have the right to apply for withdrawal.

3Provide evidence of the right.

4, the right to debate.

5, requesting mediation, reconciliation and rights.

6, consult and copy the relevant materials of the case and the legal rights, access to the court record, that is really wrong, have the right to demand correction.

7The plaintiff, give up, change the claim right, the defendant admits, refute the plaintiff requests and filed a counter claim rights.

8, appeal and retrial application right.

(two) the parties shall perform the following obligations:

1In accordance with the law, we must exercise their litigation rights, shall not abuse of litigious right.

2, shall comply with the procedure. In the course of legal proceedings, obey the command respect each other judges, litigants and other litigant rights.

3, for their claims, have the obligation to provide evidence. Forestry, civil, criminal cases of private prosecution"Who advocates, who bears the burden of proof"By the defendant; administrative litigation evidence; the burden of proof by the prosecution of criminal public prosecution. Evidence must be proof, quality certificate, certification, can be used as the facts of the case evidence.

4The people's court, must perform the legally effective judgment, ruling or mediation agreement.

(three) registration, the parties shall comply with the following provisions:

1Not invited, court officials to discuss the case.

2, no relationship, looking for leadership, instalment.

3, shall not in any way to treat, gifts.

Parties violating judicial discipline, the court will be recorded, and depending on the circumstances given to deal with according to law.

Six, the appeal case filing procedure:

1If a party refuses to accept a judgment, ruling, appeal, appeal shall be proposed by the trial court, and put forward according to the number of copies of the other party or of the representatives of the people.

2The trial court, receiving the appeal, the trial chamber in five days will be a copy of the appeal petition by the parties, and the appeal to the appellant service fees notice. The other party in receipt of a copy of the appeal petition the date fifteen days to reply. The trial chamber in receiving the defence (does not put forward to reply, do not affect the feeding volume), five days together with the case file to the trial court, court uniform to the city intermediate people's court lianting.

Appeal expires within seven days after the appellant has not yet the appeal of costs, as give up appeal.

     Two,Small case in life

1IOU, IOU and what is the difference between

Q: not long ago, a friend to borrow money from me, write IOU, I did not care. Then I saw the book says, the legal nature and IOU IOU is different, some borrowers also because the word lost. Now I am very worried, if they don't pay the debt, I the prosecution to the court, the judge will not support our existing lending relationship between. Excuse me, what is the difference between and IOU IOU in legal nature?

Answer: as I understand: IOU note is between the parties to establish lending relationships, with a will and the establishment of the loan after the delivery of the contract. And you may be in arrears due to other legal relations occur, such as damages of arrears, arrears and construction. But whether the ious or IOU, the court must examine and verify the reason and facts related debt produces in the proceedings.

2,Folk loan is protected by law it?

    Q: in the past few years, I made some money in business. Relatives, friends to borrow money from me the number is up, if not to borrow, nay but sensibilities, and now the bank interest rates are low, lend can obtain higher interest rates. But to borrow, again afraid close not to come back, so always very contradictory. Excuse me, lend money to others should pay attention to what? The national interest to private borrowing limit?

Answer: according to the relevant provisions of the law, between private can borrow, folk lending general is legitimate, this lending relationship belongs to the practice of contract, which is to be a party to the contract before the establishment of loan after delivery. Borrowing is not an interest as interest free loans. Interest on the loan in accordance with the provisions can not exceed the bank loan interest period4Times. If possible, in the loan you should first form written evidence, then the best asked each other to provide collateral or guarantees.

3, premarital property is the personal property right?

Q: my girlfriend and I live together nearly half a year, and pay to us two nominal and real estate companies signed housing contracts of sale by me, the relevant real estate registration procedures are handled. Now both sides feel each other is not very appropriate, decided to break up. But my girlfriend we are the common room and board, the purchase should be a part of her, and I hear premarital personal property belonging to the person, is it?

Answer: according to the provisions of the marriage law and relevant judicial interpretation: the couple married before any personal property regardless of the length of marriage, still belong to the individual property. If the parties have not married, which belongs to the living, in the cohabitation period, dispose of the property in accordance with the following principles: that is a party's personal property, are all belong to the individual. No evidence, presumption is common to all. Before getting married, if the purchase of a party to pay, real estate is generally a party all, but for the purchase, two people together to contract, real estate management in both under the name, the behavior is likely to be viewed as a gift, the woman may have property rights. It will be a concrete analysis of specific cases, see the man will cause real estate registration in the woman's name.

4Invalid, illegally obtained evidence?

[The case]Xiao Li's friend Chen he borrowed ten thousand yuan of money to do business, promised to three months after the return. Because of the sensibilities, Li didn't let Chen write iou. To the agreed date of repayment, the repayment of about chen. Xiao Li had to urge, found it depart from one's normal behavior, deny by oath to borrow money. Xiao Li is very angry, blame themselves too effect, and no others testify for him. After a lot of contemplate, Li asked Chen to the pub for a drink, wine lead three cruise, Chen confessed to do business at a loss insolvent dilemma. Mike Chen Xiaochen unprepared, use a tape recorder to Chen admitted borrowing thing recorded. So, Xiao Li Yizhisuzhuangqiang Xiao Chen to court. But he did not expect, the court is to the evidence of illegal rejected Lee's claim.

[Comment on]

Our country civil procedure evidence has seven kinds, including documentary evidence, material evidence, audiovisual materials, the testimony of witnesses, statements of the parties, the appraisal conclusion and the written record of the inspection. The evidence has three characteristics, namely the objective authenticity, relevance and legitimacy. The validity of evidence refers to the evidence collection, investigation and preservation, must comply with the law and procedure, evidence materials can not be achieved by illegal means as litigation evidence. As the audio-visual recording is no exception.

The Supreme Court had to1995Years3Month6"A day without the consent of the other party secretly recorded the conversation data obtained could not reply" as evidence on the use of the judicial interpretation of the provisions of: evidence obtained must be lawful, only through legal channels to obtain evidence can be taken as a basis. Without the consent of the other party to record their conversations, is illegal behavior, obtained by the means of recording data can not be used as evidence. Thus, even though the record reflect the situation is really true, is not convincing.

So, in borrowing, we shall have to pay attention to evidence. To nip in the bud?In borrowing, we should advocate"Even reckoning makes long friends", require the debtor to write"IOU", and cannot be written as"Receipt"Accurate, indicating the loan amount, interest and repayment date; repayment, to recover the original iou.

5Take it easy, drink, drink also share responsibility.

[case]:2004Years1Last month, in a hotel in a county in Guangdong, a group of people be jubilant to toast to celebrate the new year. The night time, Lai because of excessive drinking cannot walk, be hotel boss Liu Chan to the shop on the sofa and fell asleep. The morning of the second day, Lai sent to the hospital, was diagnosed as dead. The County Public Security Bureau autopsy report identified:"The Lai due to vomit into the trachea, bronchus caused mechanical asphyxia death, exclusion and violent death."Relying on family and then to the court, asked a few drink and restaurant owners jointly liable for death compensation, funeral expenses, living expenses for dependents. The court verdict, the defendant Liu, Zhang, Zheng respectively compensation1.1Million yuan,6600Yuan and4400Yuan to the families of the deceased.

[tip]: "Mr. Sun according to the provisions of civil law of the people's Republic", the citizens of the fault (intentional or negligent violation) person, shall bear civil liability; the victim is at fault for the damage, the civil liability of the infringer may be reduced. A citizen's person causing physical death, shall pay the funeral expenses, the deceased person supported by the necessary living expenses.

New year, drinking is good. But we must grasp the scale. In addition, the drink should be aware that, if they were to bet on wine, Dou wine, urging people to drink, let be advised drinkers drunk, or subjective deliberately let the drunk, or that will cause the drinking man hurt trust can be avoided, is often said of fault in civil law. There is a certain causal relationship of this fault and excessive drinkers body damage, constitutive requirements of tort. If the use of violence forced others to drink, may also bear the criminal responsibility of intentional injuries.

6, overtime pay to double, to ask for is the key!

[case]2005Years1In August, a sales in supermarket supermarket: Ms. Wang received notice about Spring Festival time, read the notice, he found that he could not rest during the Spring Festival, rather than the usual work longer hours. From the first day to the lunar January were working overtime12Hour, day to day work of the class8The normal work hours, 8. Ms. Wang according to the above provisions on the class, but in2Monthly wages, these days of wages according to the normal day8Hour salary. This Ms. Wang did not know according to the law, she should get how much salary.

[tip] Sun lawyer: during the Spring Festival, some units or supermarket enterprises, is busy than usual. To the Spring Festival the overtime pay, according to the "labor law" provisions, from the first day to the holidays, should press3The fourth to seventh times pay; for ordinary holiday, if enterprises can not make, should press2Times of payment.

Specific Ms. Wang, from the first day to work overtime all day12Hours, the three day's wages should be converted into13.5The usual wage (every day8Hour work day on duty)8Hours, in the enterprise does not make the case, converted into2The usual wage (every day8Hours of work). For the majority of workers, it is worth noting: prescription for arbitration for60Day, from the monthly salary and know little pay date. If more than this time, it's hard to be a. So adults should promptly.

7Consumption does not forget to cable, evidence, adults can be smooth

[case]: Recently, Mr. Wang in Handan City, a large supermarket to buy BBK cardDVDMachine. In a few days later, read dish can not. Helpless, he found BBK professional designated repair, repair via check said: This machine is false machine, not BBK factory production. Then Mr. Wang invoices find the supermarket, the supermarket said assembly. To solve the problem a few times, reflect Mr. Wang to the news media, through the media. The supermarket: Mr. Wang returned to the original purchase money, and free for Mr. Wang for the same type of field a.

[tip] lawyer Sun: in the event of consumer disputes, consumers under the "consumer protection law" can choose five of the following channels: one, directly to the operator; two, consumer associations; three, the superior administrative departments, such as the State Administration for Industry and commerce, the State Bureau of quality and technical supervision; four, the Arbitration Commission specifically, the "Arbitration Law" in our country, the economic disputes were handled by the arbitration organization; five, consumers can be brought directly to the court.

No matter what way, are crucial evidence. If shopping is not invoice, leaving hidden dangers to consumers in the future adults. For example, Baotui, Baohuan repair kits in"Three pack"While looking for a business to solve the problem, but because no evidence and three packets of not invoice. The damage the interests of consumers, but by the active into passive, should enjoy the rights can not be protected. So ask for and keep good consumer related evidence, the road of human rights can be more smooth.