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July

twelve

"If the woman who has an affair threatens to make trouble at home, first keep calm and avoid intensifying conflicts; try to communicate peacefully with the woman and persuade her to give up extreme practices; if not, keep relevant evidence of the threat, such as chat records and call recordings; tell the spouse to face it together; and also ask for help from friends and relatives of both parties to mediate; When necessary, call the police or consult a lawyer to maintain their own and family peace by legal means. "
24 minute response three Lawyers replied>>

July

eleven

"Hello, you can entrust a lawyer to handle it"
458 minute response twelve Lawyers replied>>

July

nine

"The pension in Chongqing has increased. The details are as follows: -From July 1, 2025, the basic pension of urban and rural residents in Chongqing will be increased from 140 yuan per person per month to 143 yuan per month. For the insured who has paid more than 15 years, the basic pension will be increased by 2 yuan per month for every additional year (the supplementary payment period is not included). "
6-minute response two Lawyers replied>>

July

nine

"At present, the policy of increasing the retirement pension of Chongqing enterprises in 2025 has not been announced. It is speculated that if the past model continues, the adjustment method of" quota+linkage+tilt "may still be adopted. According to the Ministry of Human Resources and Social Security on January 20, the basic pension of retirees will be increased by 3% in 2025. The general adjustment basis will comprehensively consider the price changes, the growth of average social wages, the aging of the population, the income and expenditure of pension insurance funds, and the national financial affordability. "
300 minute response three Lawyers replied>>
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 Lawyer of Jiangbei District Lawyer Liu Jiang
Lawyer Liu Jiang Reply 225 minutes ago

The household registration book separated from parents usually requires that the person is over 18 years old, financially independent, has a separate house and lives separately from his or her parents. Prepare the ID card, household registration book, house property certificate or house purchase contract and other materials that can prove independent residence, as well as the separate household application, and the written statement of parents' consent to separate households. Apply to the local police station where the household registration is located, fill in the household separation application form, and if the conditions are met after review, the household separation can be handled and a new household registration book can be obtained.

 Lawyer of Jiangbei District Lawyer Liu Jiang
Lawyer Liu Jiang Reply 1886 minutes ago

If you want money from the person who owes 200 yuan, you should first communicate directly or remind in writing. If you do not return the money, you can go to the mediator. If you still have no result, you can go to the small claims procedure to sue and apply for enforcement.

 Lawyer of Jiangbei District Lawyer Liu Jiang
Lawyer Liu Jiang Reply 1040 minutes ago

The common legal solutions to deal with the remaining problems of state-owned enterprise restructuring are as follows: -Labor and personnel issues -Disputes over the change and dissolution of labor contracts: According to the Labor Contract Law, the principle of equality, voluntariness and consensus should be followed when the reform results in the change of labor contracts. If the enterprise cancels or terminates the labor contract in violation of the law, the worker can request to continue to perform the contract or obtain economic compensation. You can file a lawsuit to the court if you are not satisfied with the arbitration result through the labor arbitration pre procedure. -Arrears of wages and social security: If the enterprise's arrears of wages violate the Labor Law, the worker can complain to the labor supervision department, or apply for labor arbitration to request payment of wages and compensation. The social security problem can be reported to the social security collection department and the enterprise can be required to make up the payment. -Debt and creditor's rights -Debts bearing disputes: according to the Civil Code and relevant judicial interpretations, when restructuring, if there is an agreement on debt bearing, the agreement shall prevail. If there is no agreement or the agreement is unclear, the responsibility subject shall be determined according to different forms of restructuring. Creditors can ask the debtor to pay off the debt through consultation and litigation. -Difficulty in collecting creditor's rights: enterprises can use the means of collecting creditor's rights granted by law, such as sending a letter of demand to interrupt the prescription of action, exercising the right of subrogation against debtors who are slow to exercise their due creditor's rights, and exercising the right of cancellation against debtors who maliciously dispose of their property. You can also apply to the court for a payment order or file a lawsuit and apply for property preservation, and apply for enforcement after winning the lawsuit. -Asset disposal -Disputes over asset loss: if it is found that state-owned assets are lost due to low price transfer in the process of restructuring, the state-owned asset management department can, in accordance with relevant laws and regulations, request to recover the lost assets through litigation and other means, and investigate the legal responsibility of the relevant responsible person. -Disputes over land and real estate property rights: if there are disputes over the land use right and real estate ownership change registration during the restructuring, the ownership of property rights can be determined and disputes can be resolved through consultation, administrative reconsideration or litigation in accordance with the Land Management Law, the Urban Real Estate Management Law, etc. -Employee resettlement expenses -Cost accounting and payment disputes: If there are disputes in the accounting of employee resettlement costs, the standards can be determined by referring to the restructuring plan and relevant policies and regulations. In case of any dispute over the payment of expenses, the employee may apply to the labor dispute arbitration institution for arbitration or file a lawsuit with the court, and require the enterprise to pay according to the regulations.

 Lawyer of Jiangbei District Lawyer Liu Jiang
Lawyer Liu Jiang Reply 1382 minutes ago

Before marriage, the woman's loan cannot be paid off. After you marry her, you usually will not bear this part of the debt. However, you may be responsible for the following special circumstances: -The debt is used for the married family life together: the creditor can show evidence to prove that the woman's pre marital loan is used for the married family life together, such as the house property and vehicle purchased by the woman's pre marital loan are used for the husband and wife to live or use together after marriage, or the loan is used to prepare for the wedding, purchase large appliances used by the family after marriage, etc, This debt may be recognized as a joint debt of the husband and wife, and you may be liable for repayment. -The debt is confirmed by both the husband and wife: after marriage, you have confirmed the premarital debt of the wife, such as signing a written agreement to jointly repay, or fulfilling the obligation of repayment through actual actions, such as using the joint property of the husband and wife to repay the debt, then you also have the obligation of repayment. -There is a special agreement between husband and wife: the husband and wife have a special agreement on property and debts. If it is agreed that after marriage the property is jointly owned and the debts are jointly borne, and the agreement is known to the creditor, then according to the agreement, you may need to bear the pre marital debts of the wife.

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Reach a settlement plaintiff
2023.07.03
 Lawyer of Jiangbei District - Wang Tianyu

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2023.06.21
 Lawyer of Jiangbei District - Wang Tianyu

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Win the lawsuit defendant
2023.06.20
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  • #Drug defense 0 reads
    Audio content:

    How to measure the penalty of drug trafficking must be combined with the specific circumstances of the crime, not just the grams as the standard;

    According to the second paragraph of Article 347 of China's Criminal Law

    Whoever falls under one of the following categories shall be sentenced to 15 years of fixed-term imprisonment, life imprisonment or death, and shall also be sentenced to confiscation of property:

    (1) Smuggling, trafficking in, transporting or manufacturing opium of more than one kilogram, heroin or methamphetamine of more than 50 grams or other drugs in large quantities;

    (2) Ringleaders of drug smuggling, trafficking, transportation and manufacturing groups;

    (3) Armed cover for smuggling, trafficking, transporting or manufacturing drugs;

    (4) Those who resist inspection, detention or arrest by violence, and the circumstances are serious;

    (5) Participating in organized international drug trafficking.

    In addition, each province has more specific sentencing standards, which cannot be generalized. In case of such situation, it is recommended to consult with a lawyer about the specific situation in order to make an accurate judgment.

  • #Divorce 0 reads
    Audio content:

    Litigation for divorce is filed in the court of the defendant's domicile, or in the court of the defendant's domicile where the defendant has resided for more than one year. The first instance usually lasts six months. If evidence can be adduced to prove that the relationship between husband and wife is broken, that is, the other party has 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. Those who have bad habits such as gambling and drug abuse and refuse to change after repeated education;

    4. Separated for two years due to emotional discord;

    5. Other situations that lead to the breakdown of the relationship between husband and wife.

    The court shall adjudicate divorce. In the absence of the above evidence, the court will not judge the divorce for the first time, but can sue again after half a year, and the court should generally judge the divorce for the second time.

    Article 1079 of the Civil Code

    If one of the husband and wife requests divorce, the relevant organization may mediate or directly file a divorce lawsuit with the people's court. When hearing divorce cases, the people's courts shall conduct mediation; Divorce shall be granted if the relationship has really broken down and mediation has failed. Divorce shall be granted if mediation fails in any of the following circumstances:

    (1) Bigamy or cohabitation with others;

    (2) Domestic violence or maltreatment or desertion of family members;

    (3) Gambling, drug abuse and other bad habits persist in teaching;

    (4) Two years of separation due to emotional discord;

    (5) Other situations that lead to the breakdown of the relationship between husband and wife.

    Divorce shall be granted if one party is declared missing and the other party files a divorce lawsuit. Divorce shall be granted if one party files a divorce lawsuit again after the people's court has ruled that divorce is not allowed and the two parties have lived apart for one year.

     


  • #Family disputes 0 reads
    Audio content:

    Yes.

    Therefore, if you lose your ID card, you should report it to the public security organ of the place where your permanent residence is located. The act of handling the lost and reissued ID card itself informs the public security organ of the fact that the certificate is lost, and there is no need to report the loss and publish a statement in the newspaper. If an ID card is lost, it shall be reissued at the local police station, and a statement of loss shall be published in the newspaper or a loss report certificate shall be issued at the police station. These two certificates shall be used as evidence to prevent someone from using the original ID card for illegal activities.

  • #Social security disputes 0 reads
    Audio content:

    To apply for maternity allowance, the following three conditions shall be met.

    1. The child-bearing women with household registration in this city, whether on the job or unemployed, have participated in the urban social insurance in this city and established individual accounts according to regulations;

    2. Employed women who are not registered in this city, establish labor relations with the employer, work in the employer, and give birth during the urban social insurance period of this city;

    3. The maternity insurance benefits enjoyed by employees shall comply with the national, provincial and municipal family planning regulations, and the employer has continuously paid for them for more than 6 months.

    Legal basis: Article 4 of the Tentative Measures for Maternity Insurance of Enterprise Employees

    Maternity insurance funds shall be raised according to the principle of "fixed income based on expenditure and basic balance of income and expenditure". The enterprise shall pay maternity insurance premiums to the social insurance agency in accordance with a certain proportion of its total wages, and establish a maternity insurance fund. The withdrawal ratio of maternity insurance premium shall be determined by the local people's government according to the number of births within the plan, maternity allowance, maternity medical expenses and other expenses, and can be adjusted in due time according to the expenditure, but the maximum shall not exceed 1% of the total wages. The maternity insurance premium paid by the enterprise shall be treated as a period expense and included in the enterprise management expense. Individual employees do not pay maternity insurance premiums.


  • Is it legal to have land requisition approval in collective land requisition?
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    Content summary

    Is it legal to have land requisition approval in collective land requisition?

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  • House without certificate=illegal construction+forced demolition?
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    House without certificate=illegal construction+forced demolition?

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  • Notable details of labor dispute mediation
    Author - Lawyer Lin Zhenfu
    Content summary

    Notable details of labor dispute mediation

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  • 2024-09-01 #Traffic accident
    We may encounter a lot of legal problems in our life, so we need to know more about legal knowledge in order to better help us solve problems. We have sorted out some relevant legal knowledge about how X Beijing can identify the traffic accident disability. We hope that we can help you through the content in this article.
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  • 2024-08-03 #Traffic accident
    The evidence for lighter punishment provided by the drunk driving hearing includes whether the party is not drunk driving, has no other damage results, and pleads guilty, whether the party drives a motorcycle, whether the party moves a car, whether there are few vehicles at the time of the incident, whether the family member has sudden illness, etc.
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  • 2024-08-04 #Traffic accident
    Students who suffer from traffic accidents shall be liable for compensation according to the proportion of accident liability, and the insurance company shall bear the liability within the insurance coverage. The specific amount of money is calculated according to the situation, such as medical expenses, disability expenses, nursing expenses, nutrition expenses, etc. All the expenses incurred due to the accident should be compensated by the perpetrators.
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  • 2024-09-07 #Traffic accident
    The compensation for traffic accidents is generally borne by both the husband and wife in half, which belongs to the things that happen during marriage; But the premise is that the income generated by the vehicle also belongs to the common property, so we can claim half of each.
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  • 2024-09-08 #Land acquisition and demolition
    The process of land acquisition and demolition includes 1. Issuance of demolition permit. Obtaining the housing demolition permit indicates that the qualification for housing demolition has been obtained, which is the premise and foundation for the implementation of housing demolition. 2. Release the demolition notice. When the administrative department of housing demolition and removal issues the permit for housing demolition and removal, it shall publish the demolition and removal personnel, demolition and removal scope, demolition and removal period and other matters specified in the permit for housing demolition and removal in the form of a housing demolition and removal announcement. 3. Consultation on demolition compensation. After the release of the demolition notice, the demolisher and the demolished removed enter the stage of demolition compensation negotiation. 4. Make a decision. If the agreement on demolition compensation and resettlement cannot be reached, either the demolisher or the demolished removed person can apply to the housing demolition management department for a demolition compensation and resettlement award. 5. Demolition implementation stage.
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  • 2024-08-13 #Land acquisition and demolition
    During the demolition of rural houses, due to the different actual conditions in different regions, the compensation method is also different. Generally, the compensation is based on the actual area. After the actual investigation, it can also be calculated according to the population if necessary, which should be determined according to the local government.
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  • 2024-08-24 #Land acquisition and demolition
    In rural land acquisition, the consultation form, land registration questionnaire, demolition compensation and resettlement plan, etc. all need to be signed by the relocated people. When signing the demolition and resettlement plan, first determine whether the amount of land compensation, the area of resettlement housing, and the payment time of compensation are reasonable.
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  • 2024-09-28 #Land acquisition and demolition
    If a small family handicraft workshop has obtained a business license, it can get the loss of production and business suspension in case of demolition. If there are machinery and equipment, compensation for equipment relocation shall be made, and compensation for equipment replacement shall be made for immovable equipment.
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  • 2024-09-17 #Marriage and family
    When couples divorce, the division scheme of marital common property can be negotiated by both parties themselves, but if the two parties fail to negotiate, the Civil Code does not impose a specific model for the division of common property. Because the specific circumstances of each family are different, the division of property needs to be analyzed relatively accurately in combination with the details of the divorce case.
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  • 2024-09-01 #Marriage and family
    To file a divorce lawsuit in the court, each case costs 50-300 yuan. Where property division is involved, it shall be determined according to the subject amount involved in the case. 50 yuan will be charged if the price is less than 10000 yuan. 2.5% shall be paid for the part exceeding 10000 yuan to 100000 yuan.
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  • 2023-03-05 #Marriage and family
    The nature of household registration needs to be judged according to the actual situation. Now many cities have cancelled urban and rural hukou, which are collectively called family hukou, so family hukou is a new name after the cancellation of urban and rural hukou.
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  • 2024-09-04 #Marriage and family
    Houses in rural areas are personal property, and individuals have ownership. Both urban and individual hukou can be inherited; However, the right to use homestead cannot be inherited. Only after approval can individuals have the right to use homestead.
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  • 2024-08-31 #Creditor's rights and debts
    When your credit card is not available, you can use the bank's delayed repayment service, or apply to the bank for minimum repayment or installment repayment, or extend the repayment period by applying for changing the billing date.
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  • 2024-08-19 #Creditor's rights and debts
    It will definitely affect loans, because whether applying for online loans or applying for loans from financial institutions, the credit records of the parties will be reviewed under normal circumstances. However, overdue credit means that there will be bad credit records. If the credit records are stained, bank lending has legal risks, and most cases will not lend.
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  • 2024-09-12 #Creditor's rights and debts
    If many of my online loans are overdue, I can apply to various institutions for installment or deferred repayment, or I can seek the help of parents or friends to repay my loans in time, work hard, and actively repay the loans, so as not to affect my credit.
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  • 2024-08-23 #Creditor's rights and debts
    If the online loan is overdue, you can seek the help of a lawyer. First, the party concerned should go to the platform to apply for installment repayment or deferred repayment. To reduce their repayment pressure, they later turned to their relatives or friends for one-time repayment. After the online loan was overdue, they need to actively repay, otherwise serious consequences will occur.
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  • 2024-08-08 #Criminal defence
    The amount determined by the sentencing standard of duty embezzlement is divided into: large amount; There are two types of large amount, the corresponding amount is more than 60000 yuan, which is a large amount; If the amount is more than one million yuan, it is a huge amount.
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  • 2024-09-12 #Criminal defence
    If the circumstances of intimidating others are not serious enough to achieve criminal punishment, the person who intimidates others may be detained for not more than five days or fined not more than 500 yuan; If the circumstances are relatively serious, he shall be detained for not less than five days but not more than 10 days and may also be fined not more than 500 yuan. If the circumstances are serious enough to warrant criminal punishment, he shall be sentenced to fixed-term imprisonment of not more than five years, criminal detention or public surveillance.
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  • 2024-08-20 #Criminal defence
    According to the public prosecution case stipulated in Article 277 of the Criminal Law of China, the criminal suspect and the defendant sincerely repent and obtain the victim's understanding by compensating the victim for losses, apologizing and other ways. If the victim voluntarily reconciles, the two parties can reconcile.
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  • 2024-08-31 #Criminal defence
    1. Other physical evidence such as drinks, cups, syringes, injections or wine bottles and glasses left on site. 2. The statement made by the victim is direct evidence to prove the existence of rape. 3. For example, evidence of the kind of objects on the scene that can prove the occurrence of sexual behavior, such as condoms, bed sheets, quilt covers, pillow covers, pillow cases, paper towels and other items left with suspects, victims' sperm spots, blood stains, hair or body fluid mixture. 4. The criminal suspect confesses and pleads.
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4495763 people read
2025 Maternity leave refers to the leave treatment of working women before and after maternity. According to relevant laws, female employees can enjoy maternity leave of no less than 90 days. During the maternity leave period, the employer shall not reduce their wages, dismiss or terminate their labor contracts in other forms. Now let's learn about the number of days of maternity leave. More>>

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