Lawyer of Huangpu District

The contract of unauthorized disposal is valid, and the real right effect of unauthorized disposal is to be determined, which is the principle of the separation of property and debt in the civil law. If the unauthorized disposal cannot constitute a bona fide acquisition, the real right will not be effective, and the contract of unauthorized disposal cannot be performed, and the unauthorized disposal party shall bear the liability for breach of contract.

If the party concerned is disabled due to a traffic accident, the level of disability shall be assessed by a qualified disability appraisal institution after the end of treatment. Therefore, the disability appraisal should wait until the end of treatment, usually three months after discharge, but if the injury has stabilized, the disability grade can be assessed to a qualified disability appraisal institution in advance according to the recommendations of the medical institution. For those with fixators (such as steel nails installed in fracture treatment), the disability identification can be conducted only after the fixators are taken out (some provinces and cities can also do it with fixators).

Legal basis: according to 4.2 of Classification of Human Injury and Disability

The timing of identification shall be determined after the treatment of the primary injury and its related complications is completed or the clinical treatment effect is stable.

Provisions of the Criminal Law on the crime of dereliction of duty: Article 397

Any functionary of a State organ who abuses his power or neglects his duty, thus causing heavy losses to public property and the interests of the State and the people, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention. If the circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years. Where this Law provides otherwise, such provisions shall prevail. Any functionary of a State organ who engages in malpractices for personal gain and commits the crime mentioned in the preceding paragraph shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention. If the circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than 10 years.

A divorce can be judged once if the following conditions are met: if one of the men and women requests divorce and the court mediation is invalid, the court can make a divorce judgment under one of the following circumstances:

1. Bigamy or cohabitation of a married person with another person.

2. Committing domestic violence or maltreating or abandoning family members.

3. Gambling, drug taking and other bad habits persist after repeated education.

4. Separated for two years due to emotional discord.