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"Hello! How much salary has been generated? Whether the labor contract has been signed? You can call for details."
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 What is the average salary in Beijing
Lawyer Liu Shuang #Labor disputes 921 readings
The minimum wage in Beijing was adjusted from the current 1720 yuan per month to 1890 yuan, an increase of 170 yuan. At the same time, the minimum wage standard for part-time employees will be raised accordingly, and the hourly minimum wage standard for part-time employees will be raised from 18.7 yuan per hour to 21 yuan per hour; The minimum hourly wage for part-time employees on statutory holidays was raised from 45 yuan per hour to 49.9 yuan per hour.
  • #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 six months, 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?
    Author - Lawyer of Beijing Changyun Law Firm
    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?
    Author - Lawyer of Beijing Changyun Law Firm
    Content summary

    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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  • 2024-04-25 #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 on how to identify the traffic accident disability in Beijing in 2022. We hope that we can help you through the contents of this article.
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  • 2024-02-19 #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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  • 2024-02-25 #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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  • 2024-02-29 #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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  • 2024-02-22 #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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  • 2024-02-21 #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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  • 2024-02-23 #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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  • 2024-02-23 #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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  • 2024-03-03 #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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  • 2024-02-26 #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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  • 2024-03-01 #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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  • 2024-02-25 #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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  • 2024-02-26 #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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  • 2024-03-04 #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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  • 2024-02-26 #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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  • 2024-02-25 #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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  • 2024-02-19 #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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  • 2024-02-27 #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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  • 2024-03-03 #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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  • 2024-03-04 #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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