What are the 41 contract invalid?

 

Any of the following circumstances, the contract invalid:

(a) a party to fraud, duress, damage the interests of the state;

(two) the malicious collusion, damage the interests of the state, the collective or the third person;

(three) in the form of legal cover up illegal purpose;

(four) harm the social and public interests;

(five) the violation of mandatory rules of law, administrative regulations.

 

42 What is unjust enrichment?

 

Unjustified enrichment means because there is no legal or contract basis, or if the later has lost according to others, causing damage and benefits. Constitute unjust enrichment includes three factors, the beneficiary gains no legal basis, damage to the interests of others, a causal relationship between the two.

 

43 how to avoid the risk of savings?

 

The so-called savings risk, mainly refers to the interest income expected loss. There are two reasons: first is the deposit paid in advance. According to the provisions of the present Regulations of savings, if early withdrawal, interest will be listed according to the withdrawal of the demand deposit interest rate payments. Second types of deposits is wrong, resulting in deposit interest reduction. For example, there are many depositors for convenience, will be a lot of money in the checking account or credit card accounts, but demand deposits and credit card account is according to the demand deposit interest rate, the interest rate is very low.

So, how to avoid risks to maximize savings, get the maximum profit?

First, select the appropriate kinds of savings and savings period. Generally speaking, the longer the duration of the interest rate is also higher. But if depositors choose higher interest rates fixed deposit, in case of urgent to be paid in advance, then the interest will be lost, so in determining the type and duration of deposits, to carefully choose according to the actual situation of each person.

Second, for the early part. If depositors in for a time deposit, in case of urgent to use the deposit, then as with the amount less than regular savings deposits, can take early part, in order to reduce the loss of interest. For the part of the extraction procedures, without extracting part can be according to the original certificate of deposit deposit date, the original, original maturity calculation of interest rates. According to the provisions of existing savings regulations, only the regular savings deposits (including notice deposit) before they can apply for early part, the remaining savings varieties can not handle the early part.

Third, handle the certificates of deposit pledge loans. Depositors in stocks after 1 years of regular savings deposits, such as the required full early withdrawal of time deposits, but with a relatively short period or withdrawal to the original certificate expiration time is half, then, with the original deposit that depositors can pledge, for micro lending procedures. This will not only solve the funding needs, but also greatly reduce the loss of interest.

 

What is the legal nature of advertisement to offer a reward of 44?

 

Advertisement to offer a reward is an offer.

Offer and acceptance is the two stage of the contract: an offer is a party that contracting parties hope to contract with others mean; commitment is the offeree to offeror agree with meaning. In general, the acceptance reaches the offeror that takes legal effect, the contractor between the contract, both sides should enjoy the rights, obligations according to the terms of the contract.

General commercial advertising is said one advertising people want others to make a contract, to offer the invitation, often occur in the offer before the contract, is not a necessary step. For example: send price list, from advertising, advertising bidding, invitation to offer.

The reward advertisement is advertisement statement to advertising, advertising for the completion of certain acts specified person, pay a certain compensation or payment of a certain treatment behavior. In the advertisement, advertising for the obligor, complete the specified behavioral advertising of human rights. Complete the assigned behavior makes advertising people with certain relative between a contractual obligation. The reward advertisement is an offer, complete the specified behavior is in a real commitment of action.

 

45 when the creditor against the debtor, One's whereabouts is a mystery., court can accept and judgment?

 

Creditors to sue in the absence of the accused, the court first look at the evidence of charge is not sufficient, if the full court may summon the announcement, announcement period expires, the defendant is not responding, after hearing after the judgment by default. Legal basis here see "the Supreme People's Court of the people's court lending case" fifth: "creditor against the debtor when, One's whereabouts is a mystery., jurisdiction where the court by the debtor's original domicile or property. The court should require creditors to provide proof of evidence for the existence of the lending relationship, after accepting the appeal notice summons, notice period expires, the debtor is not responding, lending relationship clear, after the trial to judgment by default; lending relationship can not be identified, order to suspend the litigation.

 

What indemnities for personal injury to 46 items and standards?

 

Damages include: medical expenses, loss of working time fee, hospital food subsidies, care, disability living allowance, disability equipment costs, funeral expenses, death compensation, was dependent for living expenses, travel expenses, accommodation and direct loss of property.

The provisions of the preceding paragraph shall be determined in accordance with the actual situation of compensation project, and the cost of a one-time settlement.

Compensation standard calculation in accordance with the following provisions:

(a): medical fee calculated in accordance with the hospital to the trauma treatment costs, payment credentials. Needed to continue after completion of treatment, according to the cost of treatment necessary for payment.

(two) delay costs: the parties have a fixed income, in accordance with myself because of fixed income loss of working time calculation, the income is higher than the average life injuries occurred more than three times the cost, according to the calculation of three times; no fixed income, calculated in accordance with the accident state takes place with the industry average income.

(three) hospital food subsidies: according to the accident to the staff of state organs, business standard food subsidies.

(four) nursing fees: the injured in hospital, nursing staff have the income, calculated in accordance with the provisions of the delay fee; no income, calculated in accordance with the accident took place an average cost of living.

(five) the disabled living allowance: according to disability level, calculated in accordance with the accident took place an average cost of living. Residual self month, compensation for twenty years. But more than fifty years of age, the age reduction for each additional one year old year, a minimum of not less than ten years; more than seventy years of age by five years.

(six) equipment costs of disability: Appliance disability need preparation compensation function, with the hospital to prove that in accordance with the universal appliance costs.

(ten) the transportation fee: according to the calculation of the actual required fees, payment credentials.

(eleven) accommodation fees: calculated in accordance with the standard of accommodation accident occurred in the general staff of state organs, travel, payment credentials.

 

Several problems should be paid attention to when the 47 Contract

 

A signed object, subject qualification

At present, nature, business units are complex, the relevant departments of the management is not in place phenomenon. In this case, to prevent fraud, reduce transaction risk, it is necessary to consider the counterparty subject qualification, the ability to perform the contract, credit etc.. The main qualifications shall prove that data check each other's business license and enterprises to participate in the annual.

Equivalence of two, the terms of the contract

is a contract between the establishment, change, termination of rights and obligations of the agreement, contract law clearly stipulates the parties shall abide by the principle of fairness to determine the rights and obligations of the parties to the contract terms of equivalence, the important is the principle of fairness. Do not sign more obligations, heavy responsibility, rights of these one-sided contract, such as breach of contract only provides us how to handle and no breach to handle content.

The three, the terms of the contract

contract is trading standards, its basic requirement is utility, contract words do not need gorgeous, perfect, but must be clear, simple and clear, avoid meaningless talk, at the same time, the terms of the contract can not appear. The terms of the contract refers to the words to reach the parties without further negotiation degree.

 

Four, deposit and the "deposit" difference deposit is a guarantee of debts, the parties may in accordance with the "contract law of the people's Republic of China Law of guarantee" agreed to give a deposit to the other party as a secured creditor. After the debtor performs his obligation, the deposit shall be offset against the price or refunded. Pay a deposit of one party fails to perform the agreed debt, have no right to demand the return of the deposit; receive advance party of the non fulfilment of contractual obligations, should be double the return of deposit. Visible deposit in contract law is punitive, called penalties. In practice, many people will advance into a "deposit", while the "deposit" in law was identified as advance payment.

Five, the special requirements of the project contract

Some company to contract project is from the other Contractor where subcontracting and come, this kind of contract relates to an important question is whether to allow the project contractors to subcontract or the contractor to the subcontractor, as is often the case the employer prohibits project contracting and subcontracting or provisions without contracting party agrees to the project, the Contractor shall not assign or subcontract to third. According to the provisions of the contract law, contracts, subcontracting to go through the employer's consent, or contracts or contract invalid. The provisions of project subcontract or sub contractors often subcontractor hide the original contract, the Contractor shall directly to this problem and requires the guarantee agreement subcontracts or subcontracted to our.

Six, the arbitration organization name to write specific

most contracts in contract arbitration matters, just general write once a dispute in the Party A (or B Department) the seat of arbitration. Arbitration clause that only agreed to the place of arbitration and the arbitration institution is not agreed, actually does not have any legal effect. According to the arbitration law, the parties in the arbitration agreement or the arbitration clause stipulated, the Arbitration Commission shall be selected, so write specific name must be on the arbitration institution. If you do not write the specific name, disputes can be negotiated by the parties signed the supplemental agreement should be clear, no consensus the arbitration agreement or arbitration clause is invalid.

Seven, stamped signature should also have

contract law the parties to a contract in written form, the contract or, since both parties sign and stamp. Stamped signature is of great significance to the contract, between the enterprise contract, often by the respective agents (managers) completed, in this case, shall be signed and the unit Attn seal, this can avoid some unnecessary disputes. If some units to contract not affix official seal on the grounds, deny the effect of Attn signature; some with the unit seal is missing, stolen reason depends on local protectionism to get rid of the responsibility by legislation of criminal cases. In order not to give these people the opportunity, at the conclusion of the contract shall be signed and the seal of the unit and have.

 

48 how to handle the property as a gift?

 

For detailed steps property of the procedures are as follows: 1, the donor and the recipient of a written contract entered into on the housing grant, the grant proposal. 2, with all of the original housing recipient, gift book, according to the "Provisional Regulations" deed tax shall pay taxes, receive qizheng. 3, notarization. According to the "notice" provisions on joint strengthening notary property registration and management of real estate, gift must be notarized. 4, for the transfer of housing ownership registration. By accepting the gift recipient to real estate property management departments apply for change of registration, shall also submit the following documents: first applications; the client identity documents; the original real estate property certificates; the gift books and notarization; the payment receipt. 5, the donator will house for the recipient. Here the "delivery" to handle the housing transfer of property rights registration.

 

Gregory 49 debt disputes should be how to deal with?

 

Legal protection of the Legitimate loan relationships. Among the citizens of the lending interest rates, due to issues of the dispute, should encourage the interest free loan, and safeguarding the legitimate interest bearing borrowings, to limit the high rates of principles and policies. Borrowing rate can be higher than bank interest rates, but the maximum shall not exceed 4 times the same bank loan interest rate (including the interest rate the number). Beyond this limit, the excess interest is not protected.

 

50 default payment and deposit?

 

The default payment is a breach of contract agreed by the parties, should be based on the default to the other party to pay a certain amount of money, is a breach of contract after the entry into force of the remedy, punitive and compensatory. Contract law the 114th regulation, the parties may agree that one party breach shall pay a certain amount of liquidated damages under the default to the other party, also can agree on a method for the calculation of damages of breach of contract. Liquidated damages are lower than the losses caused, the parties may request the people's court or an arbitration institution to make an appropriate reduction.

The deposit is to ensure that the performance of the contract, in accordance with the law or the parties agreed in the contract, or entered into before, to perform a certain proportion of one of the parties to the contract amount, pre pay the other money. A form of this is money guarantee. Contract law the 115th regulation, the parties in accordance with the "PRC security law" agreed to give a deposit to the other party as a secured creditor. After the debtor performs his obligation, the deposit shall be offset against the price or refunded. Pay a deposit of one party fails to perform the agreed debt, have no right to demand the return of the deposit; receive advance party of the non fulfilment of contractual obligations, should be double the return of deposit. This is applicable to deposit penalties. Both parties breach the agreement and the purchase agreement, the default by a party, the other party may choose to apply the provisions of default payment or deposit. Deposit and penalty is OK at the same time combined punishment, should according to particular case to decide.

 

51 the contract shall adopt what form?

 

On the basis of the provisions of the contract law, article tenth the parties entered into a contract, written form, oral or other forms.

The provisions of the laws, administrative rules and regulations of the written form, shall be made in written form. Agreed by the parties in writing, shall be made in written form.

Article eleventh refers to the contract in written form, letter or electronic message (including telegram, telex, fax, electronic data exchange and electronic mail), expressing its contents in a tangible form.

 

52 how to sign the contract?

 

The parties entered into a contract, generally take the offer, commitment.

The offer is offered to enter into a contract with other means, the declaration shall be: (a) the specific content is determined; (two) that undergo the offeror promises, the offeror is the meaning of constraints.

Acceptance is the offeree to assent to the offer, the acceptance becomes effective when the contract is established.

 

53 offer will take effect?

 

Valid offer reaches the offeree. Where a contract is concluded in the form of a data message, the recipient has designated a specific system to receive the data message, the message data into the specific system of time, as the time of arrival; if no specific system has been designated, the time when the electronic message first enters any of the recipient's systems is deemed its time of arrival.

Failure to offer any of the following circumstances, : (a) the notice of rejection reaches the offeror; (two) the offeror lawfully revokes the offer; (three) commitment period expires, the offeree fails to make a commitment; (four) the offeree to the contents of the offer to make substantial.

 

54 offer to withdraw or cancel?

 

An offer may be withdraw. The withdrawal notice of an offer shall reach the offeree before or at the same time with the offer reaches the offeree.

An offer may be revoked. The notice of revocation shall be offeree before it reaches the offeree. But one of the following circumstances, the offer may not be revoked:

(a) the offeror identified commitment period or in any other form expressly offer irrevocable;

(two) the offeree has reasons to believe the offer is not irrevocable, and has made preparation for performing the contract.

 

The 55 commitment will take effect?

 

Take notice of acceptance reaches the offeror. The acceptance shall reach the offeror within the period prescribed in the offer. The offer does not prescribe a period for acceptance, the acceptance shall reach in accordance with the following provisions:

(a) if an offer is made orally, it shall immediately make a commitment, except otherwise agreed by the parties;

(two) if the offer is made in a non conversational mode, the acceptance shall arrive within a reasonable period of time.

Where an offer is made by letter or telegram, the period for acceptance of confidence a stated date or the day when the telegram is sent calculation. If no such date, since posting date stamped on the envelope calculation. Where an offer is made by means of instantaneous communication telephone, fax, the time limit for acceptance commences from the offer reaches the offeree.

The acceptance does not require notification, when the behavior of the commitment effect according to the usage or the requirements of the offer.

 

56 commitment to change the contents of the offer?

 

Commitment to the content should be consistent with the content of the offer. Commitment to the contents of the offer non substantive change, unless the offeror timely objection or an offer that acceptance may not make any change to the content of the offer, the acceptance is effective, the contents of the contract to the commitment content.

The offeree to the contents of the offer to make substantial changes to a new offer. The subject matter of the contract, the quantity, quality, price or remuneration, performance time, place and method of performance, liabilities for breach of contract and the method of dispute resolution is a material change, change to the terms of the offer.

57 When will the contract, where established?

 

The parties conclude a contract in written form, the contract the parties sign or seal.

The parties in the form of mail, data message, the contract, can sign the contract before the establishment of confirmation. When the contract was signed confirmation.

The place where the acceptance becomes effective is the place of formation of the contract.

Where a contract is concluded in the form of data telex, the recipient's main place of business is the place of formation of the contract; if no main business place, its habitual residence is the place of formation of the contract. Otherwise agreed by the parties, in accordance with the contract.

The parties conclude a contract in written form, the place where both parties sign or seal shall be the place of establishment.

 

58 requirements for a written contract, whether must conclude a written contract, the contract can be established?

 

Contract law article thirty-sixth laws, administrative regulations or the parties conclude a contract in written form, the parties do not use the written form, but one party has performed its main obligation, the other party to accept, the contract is established.

Thirty-seventh shall conclude a contract in written form, before the signature or seal, if one party has performed its main obligation, the other party to accept, the contract is established.

 

59 what is the format of the terms, the effect how, in case of any dispute, how to explain?

 

Standard terms are prepared in advance by a party for repeated use, and not negotiated with the other party in the conclusion of the contract terms. The terms of a contract is concluded by the format, the party supplying the standard terms shall follow the principle of fairness to determine the rights and obligations between the parties, and to take reasonable way to draw attention from the other party or limit their liability provisions, in accordance with the requirements of the other, on the terms stated.

Illegal circumstances stipulated in the terms of the format, or provide one format articles from its liabilities, increases the liabilities of the other party, excludes the rights of the other party, the terms shall be invalid.

The dispute over the understanding of the standard terms occurs, it shall be interpreted in accordance with common sense. There are two more on the interpretation of terms of format, shall make a decision not to provide an explanation of terms of format. Inconsistent format clause and non format terms, shall adopt the non format terms.

 

60 in what circumstances, the parties shall bear the liability for damages?

 

"The contract law" article forty-second in any of the following circumstances in concluding a contract, thereby causing loss to the other party, it shall be liable for damages:

(a) pretending to conclude a contract, and negotiating in bad faith;

(two) deliberately concealing important facts relating to the conclusion of the contract or providing false information;

(three) other acts which violate the principle of good faith.

 

61 of the contract when the effect, whether the agreement?

 

The contract established according to law, since its establishment in force. The provisions of the laws, administrative rules and regulations shall go through the formalities for approval, registration as, in accordance with the provisions of.

The parties may prescribe that effectiveness of a contract conditions. The contract with entry into force conditions shall become effective when the conditions are fulfilled. A contract subject to a condition subsequent failure since, when the conditions are fulfilled. The parties for their own benefit improperly prevent the satisfaction of a condition, the condition is deemed to have been satisfied; improperly facilitated the satisfaction of a condition, the condition is deemed not achievement.

The parties may prescribe that effectiveness of a contract term. A contract shall become effective when the period expires, to. A contract shall become invalid when the period expires.

 

62 in what circumstances, the contract invalid?

 

According to the provisions of contract law article fifty-second, any of the following circumstances, the contract invalid:

(a) a party to fraud, duress, damage the interests of the state;

(two) the malicious collusion, damage the interests of the state, the collective or the third person;

(three) in the form of legal cover up illegal purpose;

(four) harm the social and public interests;

(five) the violation of mandatory rules of law, administrative regulations.

 

Question 63: what are the implementation of the main administrative punishment?

 

Answer: the principle of the implementation of the main administrative punishment is a specific administrative organs, but the administrative punishment power can also be authorized organizations or agencies entrusted organization to implement.

 

Question 64: the implementation of administrative punishment of the administrative organs must have what characteristics?

 

Answer: (1) must have external administrative functions;

 

(2) must obtain the rights of administrative penalty according to law;

 

(3) administrative organs shall implement administrative punishments within its statutory functions.

 

Question 65: become the implementation of administrative punishment of the subject of social organizations authorized by law must have what conditions?

 

Answer: (1) authorized organization must be established in accordance with the law of the legal person or organization, can independently bear the legal consequences caused by behavior.

 

(2) authorized organization must have the function of managing public affairs organizations, institutions or social organizations can be, but not personal.

 

(3) authorized organization shall be familiar with the official staff relevant laws, regulations and business, has the technical conditions and adapt to undertake administrative punishment matters.

 

Question 66: after the implementation of administrative punishment in accordance with the law by become the subject of social organizations must have what conditions?

 

Answer: (1) must be public affairs management institutions established according to law.

 

(2) familiar with relevant laws, regulations, rules and business staff.

 

(3) for violations of the need for technical inspection or technical expertise, there should be technical inspection or identification of the corresponding condition.

 

Question 67: "administrative punishment law" is how the provisions of jurisdiction?

 

Answer: the jurisdiction of administrative punishment by the illegal behavior of local people's governments at or above the county level shall have the power of administrative penalty to the administrative organ. Except the provisions of the laws, rules and regulations provide otherwise. The dispute shall be submitted to the jurisdiction, the common administrative organ at the next higher level for designation of jurisdiction.

 

Question 68: what is "the punishment no longer"?

 

Answer: the provisions of the law on administrative punishments: "for the same illegal act of the parties, shall be given an administrative penalty of fine two or more times." On this rule, can from the following two aspects:

 

(1) the same illegal behavior, including an act in violation of the provisions of a law, regulations, including a behavior violating the provisions on several laws, regulations.

 

(2) can be punished two times, but the penalty can only be used once. An act of human behavior, and in violation of the above two provisions of laws and regulations, to give two penalties, but the fines can only be used once.

 

Question 69: "administrative punishment law" on the punishment of aging is provided?

 

Answer: Prescription Administrative punishment means to pursue the administrative responsibility for violations of the order of administration, period of validity shall be given an administrative punishment. Prescription Administrative Punishment Law of punishment made clearly defined: "not found violations in 2 years, no administrative punishment shall be imposed. Except as otherwise stipulated by law." Age calculation, calculated from the date of occurrence of the illegal act, if the illegal act is of a continuous or continuing nature, from the acts of the end date,

 

Question 70: what is the summary procedure of administrative punishment? What is it?

 

Answer: the summary procedure of administrative penalty on the spot, also known as punishment procedures, refers to the administrative punishment to the implementation of the main facts are clear, simple plot, administrative illegal behavior consequence slight give punishment on the spot follows the steps, methods, time limit and sequence. Summary procedure compared with the general procedure is simple and fast, is conducive to handle administrative cases in a timely manner, improve administrative efficiency, but because of its simple procedure, the lack of restriction, if used improperly, can cause the relative person's infringement, therefore, applicable conditions of administrative punishment law of our country to the summary procedure made strict provisions, namely (1) must be irrefutable facts and the law; (2) has a legal basis; (3) the degree of punishment lighter. Only citizens of administrative penalties of 50 yuan, the legal person or other organization punishable by a fine of 1000 yuan or warning can apply summary procedure.

 

Simple procedure including three system in its operation, which show their identities, inform and explain the reasons, making the punishment decision and on the spot delivery, and report to the administrative organ for the record.

 

Question 71: General procedures for administrative penalties including what steps?

 

Answer: the general procedure of administrative punishment is the basic procedures for the implementation of administrative penalties, the scope of its application is the most extensive, in addition to the application of summary procedure of administrative penalty implementation according to law, should follow the general procedure. The general procedure includes the investigation procedure and the review of a decision procedure.

 

(1) investigation

 

Registration is the beginning stage of the general procedure, the first case investigation, should be the initial requirements of administrative penalty procedure. The investigation is to find the truth of the case method, aims to obtain evidence of the facts of the case.

 

The investigation and evidence collection is the administrative organ for handling the case case, for special events to find out the case, collect evidence and procedures are set in accordance with the law, is the core of administrative penalty procedure. Investigation should be comprehensive, objective, the principles of justice. According to the provisions of the law on administrative punishments, administrative organ may conduct sampling forensics and advance registration and preservation in the investigation; investigation of law enforcement personnel shall not be less than two; the law enforcement personnel shall show their certificates to the parties concerned or the relevant personnel; ask the parties, witnesses shall make inquiry transcripts; when necessary, the administrative organ may inspect the parties I am or in connection with the case place, inspection shall make inspection record; to obtain evidence of the scene investigation, it shall make on-the-spot examination transcripts; harm relations with the favorable law enforcement personnel should be avoided, the parties also have the right to apply for withdrawal.

 

(2) the review decision

 

Investigation of the case is concluded, the administrative organ shall be the facts and evidence analysis and judgment, to make administrative punishment decisions. Before making the decision of punishment, the administrative organ shall the facts, reasons and basis for administrative punishment decision will be made to inform the parties, and shall inform the parties shall have the rights to Chen Shuquan and the right of defence. The statements and defenses of the parties, the administrative organ must listen carefully to the establishment of the facts, reasons and evidence presented, the statements and defenses of the parties in the administrative organs shall be adopted. Administrative organs in the grasp of basic facts, conclusive evidence, according to the relevant laws and regulations, make a decision on administrative penalty. General administrative penalty cases by administrative organs are responsible for decisions, but will cause great loss of punishment cases to the parties, the leading members of an administrative organ shall make a collective decision through discussion.

 

Question 72: what is the procedure? The hearing procedure which features?

 

Answer: the administrative penalty hearing procedure refers to the administrative punishment decision in the administrative organ, the administrative organ shall designate a person to listen to the investigators of the case and the parties hosted on the facts of the case, the punishment is based on reason and representation, cross examination and debate program. The hearing procedure has the following characteristics:

 

(1) stage. The hearing is just a stage in the process of administrative penalty, administrative punishment instead of the whole process.

 

(2) local. The hearing is not applicable to all the procedure of administrative penalty, but in order to suspend production or business, revoke the permit or license and a larger amount of fines in case.

 

(3) selective. The parties request a hearing, the hearing procedure is started, the initiative is in the hands of the parties.

 

(4) quasi judicial. The status of hearing compere neutral, station listen to both sides of the statements and arguments on the third position, put forward their own opinions on the facts of the case and treatment, without any human intervention.

 

Question 73: what punishment hearing procedure is applicable to the case?

 

Answer: the hearing procedure is a special procedure in the program, it is not a necessary process in administrative punishment, and its scope is limited, according to the provisions of the law on administrative punishments, the hearing procedure for administrative punishment affected several in order to suspend production or business, revoke the license, license and a larger amount of fines on the rights and interests of the parties.

 

Question 74: what is the content of the hearing procedure?

 

Answer: the hearing procedures include the following contents:

 

(1) administrative organs shall be ordered to suspend production or business, revoke the permit or license, the larger the amount of fines and other several decision before the administrative penalty, shall inform the parties have the right to request a hearing.

 

(2) the parties receive administrative punishment hearing this book, can according to the specific situation to consider whether to exercise the right to request a hearing. If a request for a hearing, it should be in the 3 days after notified by the administrative organ, or as a waiver of the right to a hearing.

 

(3) the administrative organ of the parties to accept the application for hearing, the hearing review in accordance with the conditions of that shall organize a hearing. The process of organizing the hearing is mainly divided into two stages: the preparation stage and the stage.

 

1) preparation stage hearing mainly for the following work: administrative authorities to determine tissue after the hearing, shall appoint a hearing, determine the time and place of the hearing. The chairperson of the hearing must be directly involved in the investigation of the case of non administrative organs in the staff. Then, the administrative organ shall organize the hearing in the 7 days prior to the parties issued a notice of administrative penalty hearing, time, place and the chairperson of the hearing and other matters to inform the parties to hold a hearing, and the relevant matters notice of hearing the investigators of the case. The party that has a direct interest with the case of the host, have the right to apply for withdrawal.

 

According to the provisions of the law on administrative punishments, except those involving state secrets, commercial secrets or personal privacy, the hearing shall be held openly. Therefore, the administrative organ shall publish the organization "the hearing notice," stated to hold a hearing, the time and place, to other relevant personnel other than the parties apply for attending the hearing and the hearing.

 

2) hearing stage. When the hearing is conducted according to the following order: investigation by the investigator proposes the illegal facts, evidence and legal basis, and proposed to give administrative punishment by the party concerned or the agent thereof; the own opinion, reason, provide the corresponding evidence; make the cross examination debate, by both parties; the presider announces the end of the debate, the parties and their agents make a final statement.

 

The hearing shall make transcripts, the host announced after the hearing ended, inform the parties of the transcripts of the hearing or reading by the clerk to they read the transcripts of the hearing, the parties after confirmation, the signature or seal of the record.

 

The hearing procedure is finished, the host will be hearing organs administrative records submitted for review, as made by the relevant administrative punishment decision.

 

Question 75: the decision on administrative penalty enforcement with what characteristics?

 

Answer: the administrative punishment decision once made, immediately have legal effect, the punishee shall perform the obligations of administrative penalty decision. Be punished within the statutory time limit does not fulfill the administrative punishment decision not to institute administrative proceedings, the administrative organ may apply to a people's court for compulsory execution or in accordance with the law to enforce. The characteristics of administrative punishment decision of enforcement is:

 

(1) executive body is the administrative organ or the people's court.

 

(2) the implementation of the basis is relevant legal documents of administrative penalty.

 

(3) the execution of the administrative punishment decision is required to achieve the obligations: one is the execution is to maintain law and order, education is compulsory two party discipline; parties to fulfill their obligations or meet their obligations with the same state.

 

Question 76: what is the administrative reconsideration?

 

Answer: the administrative reconsideration is refers to the administrative relative person believes that a specific administrative act of the administrative subject has infringed upon their lawful rights and interests in accordance with the law, the review of the specific administrative act to the administrative reconsideration organ application, the administrative reconsideration organ of legitimacy, proper review of the specific administrative act is the application in accordance with legal procedures, and make a legal system of administrative reconsideration the decision. The administrative reconsideration is a kind of internal supervision of administrative organ, the administrative organ's supervision conduct, rather than to the administrative personnel.

 

Question 77: compared with the administrative reconsideration and the administrative litigation, what are the advantages?

 

Answer: compared with the administrative reconsideration and the administrative litigation, more convenient, time-saving, labor-saving, save money. Specific performance in:

 

(1) the administrative reconsideration as an error correction mechanism, compared to simplify the reconsideration procedure, refuses to accept the administrative decision, only need to submit the application to the administrative organ for reconsideration or an oral application, the organ for reconsideration made records; administrative litigation has asked prosecutors must submit the complaint.

 

(2) the administrative reconsideration system of reconsideration by written, the administrative organ for the administrative reconsideration applications submitted by the applicant and respondent and the relevant normative documents made by the specific administrative act and evidence of non disclosure quality review, and on this basis makes a decision of administrative reconsideration. Administrative litigation is a trial system.

 

(3) the administrative reconsideration shall apply a single level system, namely the administrative dispute after hearing an administrative reconsideration organ and adjudication, although the applicant refuses to accept it may not apply for reconsideration to the relevant administrative organ again, can bring an administrative lawsuit to the people's court. Administrative litigation is the two-tier trial system.

 

(4) the administrative relative person to apply for administrative reconsideration need not pay the application fee, submit the application for reconsideration as long as can launch and entry procedures for administrative reconsideration; and bring an administrative lawsuit is required to pay the litigation fees.

 

Question 78: the administrative reconsideration which should follow the basic principles?

 

Answer: (1) the principle of legality. To fulfill the duties of administrative reconsideration in administrative organs, permission must be strictly in accordance with the Constitution and the law responsibilities, take facts as the basis, take the law as the criterion, the specific administrative acts of the administrative relative person to apply for reconsideration according to legal procedures, review.

 

(2) the principle of justice. The reconsideration organ shall be fair to both parties in the exercise of the right, not for being biased. The reconsideration organ for reconsideration cases must be strictly in accordance with the provisions of administrative reconsideration impartial review procedures, standards, conditions, make a reconsideration decision must also be fair, reasonable.

 

(3) the principle of openness. The reconsideration organ in the process of administrative reconsideration, in addition to involving state secrets, personal privacy and commercial secrets, the whole process should be to the applicant for administrative reconsideration and the public.

 

(4) the principle of timely. Refers to the administrative reconsideration organ shall within the period prescribed by law, to complete the reconsideration of the case as soon as possible review, and make the corresponding decision.

 

(5) the principles of convenience. Refers to the administrative reconsideration organ shall in the administrative reconsideration procedure in the administrative reconsideration as possible for parties, especially with the necessary facilities for the applicant, to ensure that the legitimate, as to achieve the purpose of administrative reconsideration.

 

(6) Mistakes must be corrected whenever discovered principle. This principle requires that: 1) the administrative reconsideration organ found the original administrative acts of the executive authorities wrong, illegal, must be promptly corrected; 2) the authorities found the administrative reconsideration organ and the administrative reconsideration personnel illegal, disciplinary actions in administrative reconsideration, it must be corrected in a timely manner.

 

(7) security laws and regulations, the implementation of the principle of. Is a new principle to increase the administrative reconsideration law. This principle requires that the administrative reconsideration activities not only to correct the specific administrative act as illegal improper, but also to ensure and supervise the administrative organs exercise their functions and powers according to law.

 

(8) the judicial final principle, also known as the relief principle. Refers to the administrative reconsideration activities is one of the administrative supervision and remedy the important way, but not the ultimate remedy. The administrative reconsideration system can resolve the dispute, but in addition to the provisions of law and administrative final adjudication is not the ultimate way of solving administrative disputes.

 

Question 79: what are the types of administrative reconsideration organ?

 

Answer: the administrative reconsideration organ is in accordance with the law, have the right to accept the administrative reconsideration appeal, according to the specific administrative act of legitimacy, proper review and make a decision of administrative organs. The main types of the administrative reconsideration organ, the following:

 

(1) a specific administrative act has been undertaken by the administrative organ for reconsideration.

 

(2) of an administrative organ that has made the specific administrative act by the administrative organ for reconsideration.

 

(3) people's government made a specific administrative act of the administrative organ for reconsideration of the.

 

Question 80: what are the functions of the administrative reconsideration institutions?

 

Answer: the organization of administrative reconsideration is a kind of internal administrative organs set up administrative reconsideration rights specifically responsible for administrative reconsideration cases offices acceptance, review and adjudication. Entrusted by the administrative organ for reconsideration, the reconsideration organ can only use the name and not their own name for reconsideration activities. The administrative reconsideration department has the following functions:

 

(1) to accept the application for administrative reconsideration, the reconsideration shall make examination on the application, that meet the statutory conditions, decide to accept the application behavior.

 

(2) to the relevant organizations and personnel investigation, documents and data.

 

(3) the legality and appropriateness of a specific administrative act of the review, and to formulate the administrative reconsideration decisions.

 

(4) processing and transfer of administrative reconsideration application concerned.

 

(5) in violation of the administrative reconsideration law provisions of the administrative organs, suggestions are put forward in accordance with the statutory authority and procedures.

 

(6) responding.

 

(7) other duties stipulated by laws and regulations, the.

 

Question 81: what matters may apply for administrative reconsideration?

 

Answer: according to the provisions of administrative reconsideration law matters, may apply for administrative reconsideration has:

 

(1) refuses to accept the decision on administrative penalty made by administrative organs.

 

(2) refuses to accept the administrative compulsory measures taken by an administrative organ.

 

(3) refuses to accept the relevant license, the administrative organ makes license, qualification certificate, qualification certificate and certificate of change, suspend, revoke the decision.

 

(4) refuses to accept the administrative organ makes about natural resources of land, mineral water, confirm, forest, mountain, grassland, wasteland, beach, sea and other ownership or use right decision.

 

(5) that the administrative organ infringes upon the lawful business autonomy.

 

(6) think to change or abolish agricultural contract infringes upon the legal rights and interests of administrative organs.

 

(7) thought that the administration of illegal fund-raising, levied property, apportion expenses or illegal demanded the performance of duties.

 

(8) that meet the statutory requirements, apply for administrative organ to issue a permit, license, qualification certificate, qualification certificate, or request the administrative examination and approval, registration related matters, the administrative organ in accordance with the law has not handled.

 

(9) the administrative organ to protect personal rights, property rights, the right to education of the legal responsibility for administrative organs, not the fulfillment of the law.

 

(10) apply for administrative organs to pensions, social insurance and the minimum living guarantee fees, administrative organs in accordance with the law has not issued.

 

(11) think that other specific administrative acts infringe upon their legitimate rights and interests.

 

Question 82: what does not belong to the scope of acceptance of an application for administrative reconsideration?

 

Answer: (1) where a party is dissatisfied with the administrative punishment or other personnel decision, appeal in accordance with the provisions of relevant laws, administrative regulations, can not apply for administrative reconsideration.

 

(2) refuses to accept the administrative organ makes to the civil dispute mediation or other treatment, apply for arbitration or bring a lawsuit to the people's court according to law, can not apply for administrative reconsideration.

 

Question 83: the abstract administrative act may apply for administrative reconsideration?

 

Answer: the abstract administrative action is the administrative organ to non-specific people issued, the legal effect and normative documents with repeated applicability and general binding. Abstract administrative act includes administrative regulations, rules and other normative documents three. On the administrative regulations, rules and disaffected, can not apply for administrative reconsideration, think other normative documents are not legitimate, on the specific administrative act of the administrative reconsideration application, can be put forward for the specified application for reconsideration to the administrative reconsideration organ. The abstract administrative act includes provisions of the State Council departments at or above the county level; provisions of local people's governments at various levels and their departments; provisions Township People's Government (excluding regulations). It should be noted that the provisions of the law of administrative reconsideration, the reconsideration organ or other competent authorities review to abstract administrative act is different from the review of specific administrative act, strictly speaking, it is not an administrative reconsideration activities, review to abstract administrative act but triggered by the administrative reconsideration activities,

 

Question 84: what is the administrative reconsideration application conditions?

 

Answer: (1) the application for administrative reconsideration shall be made within the statutory time limit. Provisions of the administrative reconsideration law, apply for administrative reconsideration for a period of 60 days, after knowing the specific administrative act date. If the provisions of the existing law is shorter than the 60 day period of 60 days, according to the calculation..

 

(2) the applicant for administrative reconsideration qualified. Applicant for administrative reconsideration that specific administrative acts infringe upon their lawful rights and interests, to apply for administrative reconsideration to the administrative reconsideration organ in accordance with the law, the citizen, legal person or other organization is required to change or cancel the original specific administrative act.

 

(3) there are clear by the applicant. The respondent refers to the administrative relative person to apply for review of the specific administrative act is legal and appropriate conduct administrative organs.

 

(4) there are specific administrative reconsideration request and the facts.

 

(5) belonging to the acceptance of jurisdiction of the administrative reconsideration organ.

 

(6) apply for administrative reconsideration should conform to the legal, namely oral or written applications can.

 

Question 85: "under the jurisdiction of the administrative reconsideration law" for administrative reconsideration is provided?

 

Answer: (1) refuses to accept a specific administrative act of the administrative relative person to the local people's governments above the county level departments, to the level of government departments to apply for administrative reconsideration, or to the administrative competent department at a higher level for administrative reconsideration.

 

(2) refuses to accept the specific administrative act shall implement the vertical leadership of the state administrative organs such as customs, financial, tax and other administrative organs and state security organs, to implement the "vertical review" principle, to the competent department at a higher level for administrative reconsideration.

 

(3) refuses to accept a specific administrative act of local people's governments at various levels, should apply to the people's government at a higher level for administrative reconsideration.

 

(4) apply for administrative reconsideration refuses to accept a specific administrative act agencies of the local people's governments at or above the county level shall establish the jurisdiction by the people's government, established the agency.

 

(5) against the specific administrative acts of the State Council or the Department of the province, autonomous region, municipality directly under the Central People's government, to make the specific administrative act of the State Council or the Department of the province, autonomous region, municipality directly under the Central People's government to apply for administrative reconsideration. If the party refuses to accept the decision of administrative reconsideration, it may bring an administrative lawsuit to the people's court; also can be to the State Council for a ruling, the State Council's decision is final.

 

(6) sent to government departments legally established institutions in accordance with the law, regulations or rules specific administrative name, to make decision, the local people to set up the institution dispatched by the department or the Department of the government for administrative.

 

(7) refuses to accept a specific administrative act empowered by the laws, regulations of the organization, the applicant shall apply for administrative reconsideration to the local people's government, the direct management of the work of the Organization Department of the local people's government or the departments under the state council.

 

(8) refuses to accept a specific administrative act of two or more than two agencies make to jointly, to their common administrative organ at the next higher level for administrative reconsideration.

 

(9) refuses to accept a specific administrative act is revoked by an administrative organ or the administrative organ at the next higher level, to continue to exercise its functions and powers to the administrative organ for administrative reconsideration.

 

Question 86: in the administrative reconsideration period, the specific administrative act to stop the execution?

 

Answer: the provisions of the administrative reconsideration law, the administrative reconsideration period does not stop the execution of the specific administrative act, but one of the following circumstances, can stop the execution:

 

(1) the respondent considers it necessary to suspend the execution;

 

(2) the administrative reconsideration organ considers it necessary to suspend the execution;

 

(3) the applicant applies for to stop the implementation, the administrative reconsideration organ considers that the request is reasonable, decided to stop the execution of the;

 

(4) the law to stop execution.

 

Question 87: the burden of proof in administrative reconsideration by who bear?

 

Answer: the administrative reconsideration of the burden of proof by the applicant, the respondent shall not evidence itself in administrative reconsideration. The applicant and the third person has the right to verify in the review process.

 

Question 88: what are the types of administrative reconsideration decisions?

 

Answer: according to the provisions of the law of administrative reconsideration, the administrative reconsideration decision are the following: (1) maintenance decision; (2) to fulfill the decision; (3) revocation decision; (4) the decision to change; (5) confirm the illegal decision.

 

89 why should timely apply for a patent?

 

The main purpose of patent application lies in: first, determine the relationship between the right of ownership of inventions through legal procedures, and the effective protection of inventions, monopolize the market, in exchange for the greatest economic benefits, timely apply for a patent is to prevent their inventions are free to use his man, lost its due value. Second, timely apply for patent is in order to win the initiative in market competition, to prevent competitors will be the same invention patents, so as to ensure the safety and reliability of production and sales of its products.

 

90 how to apply for a patent?

 

After the applicant in determining their own inventions need to apply for a patent, must be made in writing to the State Intellectual Property Bureau of patent application. Personally delivered or sent by registered post patent application documents can be. Application for an invention or utility model patent, should submit the invention or utility model patent claim, claims,, figure (some invention patent can be omitted), the abstract, abstract figure (some invention patent can be omitted) each in two copies, the various application documents shall be printed to standard text, text and drawings shall be black. Application for a design patent, shall be submitted to the patent of appearance design request, design drawings or photographs of the two copies, when necessity may submit a brief description of the design of two copies. The State Intellectual Property Office of the Patent Office formally accepted patent application, patent application date for. The applicant can apply directly to the State Intellectual Property Office of the patent to the patent office, may also appoint a patent agency for patent application.

 

91 what is a patent? What are the characteristics?

 

(1) the patent right is defined by the competent authority of the national patents (SIPO) granted to the applicant to create monopoly of the implementation of the exclusive rights to their inventions in a certain period of time.

(2) the patent right has exclusive, regional and temporal characteristics of the three. Exclusive or monopolistic, it refers to the patentee enjoys exclusive manufacture, use, sale, offer for sale and import the patented product of the right to use his invention. In addition, an invention can only be conferred a patent right. Regional refers to patent a state granted valid only within the jurisdiction of the law, without any effect on other countries. Time means that the patent is valid only within the legally prescribed time, after the expiration of the time limit, the patent right shall be terminated, patent rights in the valid period, if the patentee fails to pay the patent fee or statement gave up the patent, the patent early termination.

 

What are the types of 92 Chinese patent, the protection period how long?

 

In China, the patent for invention, utility model and design three, invention patent refers to the product, process or improve the technology of the new scheme. The duration of protection is 20 years, counting from the date of application. The utility model patent refers to the shape, or the combination of new technology which is fit for practical structural products. The utility model patent protection period is 10 years, counting from the date of application. Appearance design patent is made by the combination of a product's shape, pattern or their combination of the color with shape, pattern of aesthetic feeling and is fit for industrial application. The term of protection of design patent is 10 years, counting from the date of application.

 

93 what are the products with independent intellectual property rights?

 

Some of the intellectual property law knowledge are poorly understood people tend to bring a new product to develop mistaken for products with independent intellectual property rights, in fact. In fact, new product R & D, only through the patent application and patent, design software has made Copyright (copyright) protection, make intellectual achievements in legal form clear all for himself, the owner can be controlled without any human intervention, such products can be said to have independent intellectual property products. On the contrary, although the new products of its own R & D out, but did not patent, copyright (copyright) and other intellectual property rights, ownership of intellectual achievements in accordance with the law has not set down, the new product is not