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Lawyer Xu Weidong

Focusing on the field of marriage inheritance for 22 years, Beijing's "Top Ten Lawyers in Marriage and Family Law", President of the "Marriage and Family Law Research Association" of Haidian District Lawyers Association, "Excellent Professional Lawyers" of Haidian District, and "Excellent Lawyer Party Members" have undertaken typical cases in recent two years. 1. The divorce case between Ms. Wang of Beijing and her husband, who served as the chairman of a large foreign trade company in Beijing, Divide eight houses (including two villas) of the couple's common property and RMB 60 million in cash; The liquidation case of Mr. Liu in Tangshan, Hebei, saved more than 80% of the company's property, worth tens of millions of yuan; 2. Rectification of real estate (villa) sales contract between Mr. Zhang in Shanghai and Ms. Li in Beijing

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Shi Rui, lawyer

Lawyer of Beijing Yingke Law Firm

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How to deal with children's mental torture of the elderly

Strict** Jiangxi Jiujiang Adoption and maintenance consultation 2024.05.04 08:50:00 345 people read

How to deal with children's mental torture of the elderly

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Region: Sichuan Chengdu

From the legal point of view, there is nothing wrong with stamping the seal on the blank space of the document;
However, according to the industry's norms and standards (i.e. the behavior mode of correctly handling business matters), such behavior is non compliant and potentially risky. Any document with the official seal of the entity has the corresponding legal effect. Therefore, if the official seal is affixed on the blank paper, it will undoubtedly bring huge legal risks to the company.
In addition, stamping on the blank space of the document may also lead to tampering of the scanned copy or copy. Since the original text is not covered, it is more convenient to modify, which also increases the risk level. Therefore, no matter which of the above situations, it is sufficient to prove that it is extremely dangerous to affix the official seal in the blank. Unless under special circumstances, such acts should be avoided. As for the validity of the official seal printed on the contract, according to the provisions of relevant laws and regulations in China, when signing the contract, if the seal is required, the original seal must be used instead of the printed seal. If the contract is not reached by the true will of both parties, the contract shall be deemed invalid.

2024-05-04 10:56:32 Reply
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Region: Chongqing Wulong District

Resolution:
According to the current laws and regulations, mental support in the form of omission means not to impose any behavior that may cause mental pain or mental abuse on the elderly, including but not limited to the following aspects:
First of all, do not harm the elderly in behavior, for example, do not commit any insulting behavior or action, let alone physically attack the elderly.
Secondly, it is also necessary to be cautious in verbal expression, avoid using any words that may hurt the self-esteem of the elderly, and do not abuse the elderly.
Finally, the maintenance obligor shall not restrict the freedom of life and personal freedom of the elderly for any reason, including but not limited to the elderly's pursuit of personal spiritual life such as remarriage, seeking partners, making friends, participating in literary and artistic sports activities, and shall not be subject to any form of interference or restriction.
In essence, the spiritual support in the form of omission mainly involves legal issues.
In other words, this way of spiritual support requires the maintenance obligors to achieve the purpose of spiritual support through their own inaction.
However, if the maintenance obligor takes improper actions, it is easy to touch the legal red line, and for more serious circumstances, it also needs to bear the corresponding legal responsibility.
Therefore, we can see that spiritual support can be divided into two types, namely, as a form of spiritual support and as a form of inaction, from the perspective of its manifestation or way of expression;
From the perspective of its content, it can be divided into two categories: materialistic spiritual support and emotional spiritual support;
From the perspective of its nature, it can be divided into two categories: legal spiritual support and moral spiritual support.
Legal basis:
Law of the People's Republic of China on Combating Domestic Violence: Article 2 The term domestic violence as used in this law refers to physical and mental violations committed by family members by beating, binding, maiming, restricting personal freedom, as well as frequent abuse and intimidation. Article 3 Family members shall help each other, care for each other, live in harmony and fulfill their family obligations. Anti domestic violence is the common responsibility of the state, society and every family. The State prohibits any form of domestic violence. Article 33 If the perpetrator commits domestic violence, which constitutes a violation of the administration of public security, he shall be given administrative penalties for public security according to law; If a crime is constituted, criminal responsibility shall be investigated according to law. Article 260 of the Criminal Law shall be sentenced to fixed-term imprisonment of not more than two years, criminal detention or public surveillance; If the victim is seriously injured, he shall be sentenced to fixed-term imprisonment of not less than two years but not more than seven years. Those who abandon the elderly, if the circumstances are flagrant, shall constitute the crime of abandonment, and shall be sentenced to fixed-term imprisonment of not more than five years, criminal detention or public surveillance in accordance with the provisions of Article 261 of the Criminal Law.

2024-05-04 08:52:00 Reply
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