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If the accident is directly caused by drunken driving of electric vehicles, and there is no evidence to show that the co drinkers have forced drinking, failed to perform the obligation of persuasion and other fault behaviors, the court usually finds that the drinkers bear the main responsibility.
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July

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 Qujiang District Lawyer Chen Junhao
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  • The jurisdiction of alimony disputes generally follows the principle of territorial jurisdiction. It is usually under the jurisdiction of the court of the defendant's domicile, which is the domicile; If the defendant's domicile is inconsistent with his/her habitual residence, it shall be under the jurisdiction of the court in his/her habitual residence (where he/she has resided continuously for more than one year and is not a place for medical treatment). Special circumstances such as the defendant's whereabouts are unknown shall be under the jurisdiction of the court of the plaintiff's domicile or habitual residence. In a word, it is generally under the jurisdiction of the court where the defendant is located. In special circumstances, it is stipulated by law to protect the rights of the parties and ensure a fair trial of the case.
    2025-07-08 14:45:01 Number of helpers: 1955
  • Factors to consider when judging property transfer in divorce: in terms of behavior time, abnormal property changes before, after or during divorce proceedings may be suspected; In terms of capital flow, it is suspicious to transfer large deposits without authorization, fabricate debts, and transfer major assets at unreasonable low prices; As for the subjective intention of property disposal, it may be deemed as intentional transfer if the property is disposed of without consent and without reasonable explanation; Concealed property also counts. If signs are found, they can apply for property preservation and collect evidence to protect their rights and interests in divorce property division.
    2025-07-08 14:45:01 Number of helpers: 1109
  • There is no automatic divorce in China, and couples can not divorce automatically even after ten years of separation. Divorce has two legal procedures: agreement divorce and litigation divorce. Divorce by agreement requires both the husband and wife to sign a written agreement, apply to the registration authority together, and apply for a divorce certificate after the cooling off period. Litigation divorce is a lawsuit filed by one party. The court only allows divorce because of two years of emotional discord and ineffective mediation. The separation for ten years also requires the court to terminate the marriage according to legal procedures.
    2025-07-08 14:45:01 Number of helpers: 1576
  • At the time of divorce, the property treatment should distinguish between the husband and wife's common property and personal property. The personal property belongs to the individual. The common property should be dealt with by agreement first. If it fails, the court will make a judgment according to the principle of caring for children, the wife and the innocent party. Common segmentation methods include material object, price change and price compensation. When it comes to real estate, the purchase after marriage is mostly common property. If the down payment before marriage and the repayment after marriage, the joint repayment and value-added part are common property. If one party conceals, it can be divided into less or no points.
    2025-07-08 14:45:01 Number of helpers: 1612
  • In the case of telecommunication fraud, assisting the fraudster in money laundering may be suspected of the crime of money laundering or the crime of concealing or concealing the proceeds of crime. It constitutes the crime of money laundering, conceals the nature of the source of the proceeds of seven types of upstream crimes, and is generally sentenced to imprisonment of not more than five years; If the circumstances are serious, it shall be more than five years but less than ten years. If it constitutes a cover up or concealment of the crime committed, or conceals the crime with the knowledge that it is the proceeds of crime, it shall be sentenced to imprisonment of not more than three years; If the circumstances are serious, it shall be more than three years but less than seven years. The final sentence shall be determined according to the specific circumstances of the case.
    2025-07-08 15:05:00 Number of helpers: 1694
  • In the crime of contract fraud, whether the intermediary bears the responsibility depends on the specific circumstances. If he knows or should know that he still actively participates in transaction fraud, such as providing false information, it may constitute an accomplice and bear criminal responsibility; If the business is carried out normally without knowledge, and the contract is defective only due to negligence, generally, it will not bear criminal liability, but only bear civil liability for compensation. In short, the intermediary's behavior and subjective state in the case should be used to judge whether or not to bear the responsibility.
    2025-07-08 15:05:00 Number of helpers: 1722
  • First of all, it is necessary to clarify whether there is any relevant agreement in the partnership agreement. If there is, the partner who has hidden money privately will be held accountable according to the agreement. From the legal point of view, its behavior may infringe the partnership property rights. Try to communicate with the partner first, and ask for clarification and return the money. If the communication fails, collect evidence such as account records and abnormal flow of funds, sue the court for infringement of the partnership property rights, demand the return of the collected funds and compensation for losses, accurately describe the partnership and infringement effects in the litigation, and safeguard their own rights and interests.
    2025-07-08 15:05:00 Number of helpers: 1901
  • Generally speaking, theft of public and private property worth 1000 yuan to more than 3000 yuan corresponds to "large amount", "huge amount" and "especially huge amount" respectively, and reaching the local "large amount" standard may constitute a crime of theft facing criminal punishment. Even if the amount does not reach the standard, repeated theft and other circumstances will also be convicted of theft. The judicial authorities in various regions shall determine the specific amount standard according to the local conditions, and suggest consulting professional lawyers in time to deal with legal procedures in case of suspected theft.
    2025-07-08 15:05:00 Number of helpers: 1661
  • The confirmation of labor relations is limited by the time limit, and the labor arbitration pre procedure is applicable. The time limit for applying for arbitration is one year, counting from the time when the party knows or should know that its rights have been infringed. Claiming rights within the time limit will lead to the interruption of the arbitration time limit. If the arbitration cannot be applied for due to force majeure and other legitimate reasons, the time limit will be suspended. In a word, the confirmation of labor relations should be timely applied for arbitration within the time limit, and the relevant time limit provisions and procedural requirements should be followed.
    2025-07-08 14:35:00 Number of helpers: 1774
  • Low wages can be solved through various ways. First, communicate with the HR or financial department of the employer to check whether there is any problem in wage accounting. If the communication fails, a complaint can be made to the labor supervision department, who has the right to investigate and order the payment of wages withheld. You can also apply to the labor dispute mediation committee for mediation, or to the labor arbitration institution for arbitration. If you do not accept the arbitration, you can file a lawsuit to the court within the specified time.
    2025-07-08 14:35:00 Number of helpers: 1218
  • After the labor arbitration, the plaintiff has the right to withdraw the lawsuit before the judgment of the court. After the withdrawal of the lawsuit, the proceedings are terminated and the case will not continue. However, the withdrawal of a lawsuit should comply with the conditions and procedures prescribed by the law, and it is usually necessary to submit the application for withdrawal and other materials to the court. The court will make a ruling approving the withdrawal of the case after review and approval, and may not grant permission if it does not meet the requirements. In a word, the lawsuit can be withdrawn after being prosecuted, but legal procedures and requirements shall be followed.
    2025-07-08 14:35:00 Number of helpers: 1115
  • If the laborer still works in the original unit after the expiration of the labor contract, it shall be deemed to continue to perform the contract. When the employee is laid off, he/she can get economic compensation. He/she will be paid one month's salary for every full year of his/her working life, one year for more than six months but less than one year, and half a month's salary for less than six months. The monthly salary refers to the average salary of the twelve months before the termination or termination. If the employer maintains or improves the conditions for renewal, the employee does not agree to pay compensation. Disputes can be settled through labor arbitration.
    2025-07-08 14:30:01 Number of helpers: 1854
  • Traffic accident shall be 60% liable, and only causing property loss or serious injury to one person generally does not constitute a crime, and shall bear civil compensation. However, if one person dies or more than three people are seriously injured, it will constitute a traffic accident crime and be sentenced to fixed-term imprisonment of not more than three years or criminal detention. If there are bad circumstances such as escape after the accident, it will be sentenced to fixed-term imprisonment of not less than three years but not more than seven years. If death is caused by escape, it will be sentenced to fixed-term imprisonment of not less than seven years. The court will consider multiple factors in sentencing.
    2025-07-08 14:35:00 Number of helpers: 1409
  • The sentence of intentional injury and escape depends on many factors. If he causes minor injury and escapes, he shall be sentenced to fixed-term imprisonment of not more than three years, etc. Escape is a discretionary heavier circumstance; If serious injury is caused, he shall be sentenced to three to ten years' imprisonment, and the punishment of escaping shall be aggravated; Death due to escape shall be sentenced to more than seven years of fixed-term imprisonment. "Causing serious injury" and "causing death" require relevant identification and evidence confirmation. Escape circumstances affect sentencing, reflect the subjective malignancy and social harmfulness of the suspect, and are important references for judges in sentencing.
    2025-07-08 14:30:01 Number of helpers: 1996
  • According to the Criminal Law, the main responsibility of the traffic accident crime is generally sentenced to fixed-term imprisonment or criminal detention of less than three years. Whoever escapes after a traffic accident shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years; If the escape causes death, he shall be sentenced to fixed-term imprisonment of not less than seven years. Particularly bad circumstances include multiple casualties. Sentencing combines multiple factors, and active compensation can be mitigated if it is understood. It is suggested to consult professional lawyers in a timely manner to safeguard rights and interests.
    2025-07-08 14:30:00 Number of helpers: 1323
  • If you are not satisfied with the determination of escaping from a traffic accident, you can apply for review within the specified time. If the party concerned has any objection to the determination of road traffic accident, it shall apply in writing within three days from the date of service, specifying the request, reasons and main evidence. The superior traffic control department shall review the relevant contents and make a review conclusion within 30 days after acceptance. In principle, it shall review in writing. When necessary, it can call all parties to listen to opinions. The review contents include facts, evidence, procedures, etc.
    2025-07-08 14:30:00 Number of helpers: 1186
  • The limitation of action for corporate claims and debts is generally three years, during which creditors actively claim that the limitation can be interrupted and recalculated. The court generally does not protect the rights for more than 20 years since they were infringed, which can be extended under special circumstances. The debtor's voluntary performance is not limited after the expiration of the limitation period, and the court does not support the defense after performance. In addition, in case of legal suspension, such as force majeure, the limitation of action will be suspended.
    2025-07-08 14:35:00 Number of helpers: 1408
  • To determine the borrowing facts, transfer records, borrowing conversations in chat records, call recordings, etc. can be used as evidence. If there is evidence, you can claim repayment from the other party. If you fail to send a letter of demand through negotiation, you can still file a lawsuit with the court. If you still fail to file a lawsuit, you need to submit a bill of complaint and evidence. The court judges the case based on the evidence, and the evidence is sufficient to judge the repayment. If you fail to perform, you can enforce it. It is emphasized to collect fixed evidence in time to prevent the loss of evidence.
    2025-07-08 14:35:00 Number of helpers: 1922
  • If the company does not repay the arrears after leaving the company, the solution is as follows: first negotiate with the company, inform it of the illegal arrears and request payment within a time limit; If negotiation fails, collect evidence such as labor contract and wage slip. Then they can complain to the labor supervision department, which will investigate and order payment; You can also apply to the labor dispute arbitration committee for arbitration, which is free of charge. If you are not satisfied with the arbitration result, you can bring a lawsuit to the court within the specified time, and force the company to perform the payment obligation through a judgment.
    2025-07-08 14:35:00 Number of helpers: 1260
  • Generally, the joint debts of husband and wife need to be paid together. For the debts used for the joint life and business of husband and wife, the wife should pay them together, such as purchasing large items for the family and jointly operating business. However, the woman does not need to repay the personal debts owed by the man due to his illegal activities such as gambling and drug abuse, which are not used for family life. When judging, it is necessary to consider the cause and purpose of the debt. Failure to clarify the nature of the debt may lead to disputes. The liability and repayment method can be determined through legal means such as litigation.
    2025-07-08 14:30:01 Number of helpers: 1564
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 Qujiang District Lawyer Chen Junhao
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