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 Weng Chuming, lawyer of Guangxin District
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  • The legal fees for property disputes between children's successor parents vary according to the nature of the case. For disputes not involving property rights and interests, the maximum fee shall be 5000 yuan; If property rights and interests are involved and the amount in dispute does not exceed 10000 yuan, 1000 yuan will be charged for each piece; If the price exceeds 10000 yuan, in addition to 2000 yuan for each piece, additional fees can be charged according to the phased regulations.
    2024-06-24 18:57:00 Number of helpers: 1985
  • When one of the parents dies, the legal order of inheritance shall be followed when the property is transferred to the children. If the deceased has a valid will or bequest agreement, it shall be executed according to its contents; If not, his spouse, children and parents will participate in the distribution of the estate as the second successor. Children only inherit their own shares, and other heirs enjoy the rest according to law.
    2024-06-24 18:57:00 Number of helpers: 1276
  • Whether the house property purchased independently by individual property should be recognized as the joint property of husband and wife depends on the specific situation: if the house is purchased before marriage, it is the personal property of the purchaser; If it is purchased with personal property before marriage and registered in the name of husband and wife, it is common property; If it is purchased with joint property after marriage, whether or not the shareholding ratio is indicated, it is joint property; If one party undertakes the housing loan and the other party assists in repayment, it is also considered as joint property.
    2024-06-24 18:54:00 Number of helpers: 1103
  • In the divorce dispute, the determination standard of alimony for three minor children mainly considers the actual needs of children, parents' economic ability and local living standards. For those with stable income, the maintenance fee is generally 20% - 30% of the total monthly income; Those without fixed income shall be determined by referring to 20% - 30% of the total income of the current year or the average income of the same industry.
    2024-06-24 18:54:00 Number of helpers: 1672
  • If an individual sells fake alcohol without knowing it, he or she usually does not need to bear the responsibility of a fine, because such behavior does not constitute a crime. Only when knowingly selling fake and inferior commodities can criminal liability be borne. Therefore, if you or your enterprise is accused of selling fake alcohol, timely provision of unknowing evidence can help avoid fines and liabilities.
    2024-06-24 18:57:00 Number of helpers: 1824
  • The legal provisions on the review and prosecution of public prosecution cases involve the time limit for trial. The maximum period of the case in the investigation phase can be 300 days, the maximum period of the review and approval of arrest or prosecution phase can be 217 days, and the maximum period of the trial procedure can also be 300 days. Therefore, the maximum cumulative time limit for all public prosecution cases is about 817 days.
    2024-06-24 18:57:00 Number of helpers: 1683
  • Successful commutation of sentence requires the following conditions for the criminal who has been sentenced to seven months for the crime of injury: sincere repentance and determination to correct, or meritorious performance during the sentence; At the same time, we must strictly abide by prison regulations and actively accept education and reform. These acts will help prisoners regain their lives and reduce their prison terms.
    2024-06-24 18:54:00 Number of helpers: 1966
  • Deliberately damaging others' virtual property worth one million yuan shall be subject to legal sanctions according to the specific circumstances. If the circumstances are minor, they may face up to three years of imprisonment, detention or fine; If the circumstances are serious, he may be sentenced to fixed-term imprisonment of not less than three years but not more than seven years. The specific determination also needs to consider such factors as criminal motivation, means and influence.
    2024-06-24 18:54:00 Number of helpers: 1059
  • If the employer does not sign a labor contract with the employee, it shall pay double wages as compensation. The compensation shall be calculated from the next month when the employee provides services, and shall be paid twice the monthly salary standard of the employee every month. If the employer has not signed a written labor contract with the employee, it shall continue to pay double wages until both parties sign or the labor relationship is terminated. This kind of compensation is intended to protect the legitimate rights and interests of employees and promote employers to comply with the provisions of the Labor Law.
    2024-06-24 18:57:00 Number of helpers: 1708
  • During the probation period, the employee has formed a labor relationship with the employer, so they need to pay five insurances and one fund. The probation period is a part of the term of the labor contract, and the employer cannot refuse to pay relevant fees for the employees during the probation period. According to the law, within 30 working days after the employee starts work, the employer shall set up a social insurance and provident fund account for the employee, and pay five insurances and one fund according to the standard. This is an obligation stipulated by law and is not subject to the probation period.
    2024-06-24 18:54:01 Number of helpers: 1840
  • The standard for employees under the labor contract system to be regarded as the payment period is the cumulative payment period for individuals participating in the basic medical insurance for employees according to the current laws and regulations of China. After meeting the statutory retirement age and the accumulated contribution amount reaches the national specified number of years, the medical insurance premiums can be exempted and medical insurance benefits can be enjoyed after retirement.
    2024-06-24 18:54:00 Number of helpers: 1506
  • When an employee leaves his/her job, according to Chinese laws, he/she usually needs to notify the employer 30 days in advance. But there is a special case, that is, when the employer uses illegal means to restrict the freedom of the worker and force him to continue working, the worker has the right to immediately terminate the employment relationship without observing the 30 day notice period. This means that if the resignation is caused by the illegal act of the employer, the employee can leave immediately without the 30 day waiting period.
    2024-06-24 18:48:01 Number of helpers: 1400
  • The division of responsibility for electric bicycle collision accidents is determined by the traffic management department of the public security organ according to the behavior and negligence of the parties. One party shall be fully responsible for the accident caused by its fault; The responsibility shall be allocated according to the primary and secondary degree for the fault of both parties or multiple parties; If there is no fault, each party shall not be liable. Those who intentionally cause accidents shall bear full responsibility.
    2024-06-24 18:57:00 Number of helpers: 1858
  • As for the judgment of liability for drunk driving causing death and the other party running a red light, although drunk driving may increase the liability for accidents, it is not necessarily responsible. In road traffic accidents, if one party escapes from the scene, forges or destroys evidence, it must bear corresponding responsibilities. In addition, in case of an accident between motor vehicles and non motor vehicle drivers or pedestrians, if the latter is not at fault, the driver of the motor vehicle shall bear the main responsibility. Therefore, a variety of factors should be comprehensively considered when determining responsibilities.
    2024-06-24 18:57:00 Number of helpers: 1528
  • After encountering a traffic accident, if the driver escapes, the person concerned shall protect the scene and call the police immediately. The traffic police will track the escapees and deal with them according to law. For an act of escape that does not constitute a crime, a fine of 200 to 2000 yuan and detention of not more than 15 days may be imposed; If serious consequences are caused and a crime is constituted, the driver who caused the accident will face criminal responsibility of fixed-term imprisonment of not less than three years but not more than seven years.
    2024-06-24 18:54:00 Number of helpers: 1416
  • If the traffic violation fines of electric vehicles are not paid in time, it will result in late fees, which will be accumulated every day, leading to the increasing amount of fines. Long term non payment may also affect personal credit, or even be included in the dishonest list. Therefore, it is necessary to deal with traffic fines in time to avoid more serious consequences.
    2024-06-24 18:51:01 Number of helpers: 1671
  • Credit card arrears must be repaid. If the cardholder is unable to repay on time, it can negotiate with the bank to postpone or amortize the repayment. However, if the bank does not agree, the cardholder still needs to repay according to the original time limit and method. Otherwise, they will face the risk of being sued. Therefore, it is not true to believe that credit card arrears need not be paid. Cardholders should repay on time to avoid default interest and credit record damage. If it is really impossible to repay, you should timely communicate with the bank to seek solutions.
    2024-06-24 18:57:00 Number of helpers: 1944
  • The husband and wife hide their borrowing behavior within marriage. If the wife is unaware of it and the debt is not used for common life, it is not a joint debt. However, if the debt is used for family stability and harmony, even if the wife does not know it, it will also be regarded as a joint debt. According to the law, the debts that one of the spouses bears for the daily life of the family in his or her personal name during the marriage are joint debts that need to be paid together. If the debt is not necessary for the common life, it is not a common debt.
    2024-06-24 18:54:01 Number of helpers: 1288
  • Overdue online loans usually do not lead to criminal liability. Such problems belong to the civil category, involving the borrower's failure to repay debts on schedule. When handling, according to the contract between the two parties or relevant laws and regulations, the borrower needs to pay overdue interest and bear civil liability for breach of contract, without worrying about criminal accountability or criminal punishment.
    2024-06-24 18:54:00 Number of helpers: 1898
  • When couples divorce, one party needs to deal with a large amount of loans according to the law. The joint debts must be repaid jointly. If the property is insufficient, it can be shared through negotiation. However, the internal agreement is invalid for the creditor, and it still needs to bear the external repayment responsibility. Creditors may claim rights and interests from both parties. The joint debts of husband and wife include the debts transferred from premarital loans to common property, family living together, production and operation, medical care, raising children, supporting the elderly, education and training, social expenses and agreements.
    2024-06-24 18:54:00 Number of helpers: 1655
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 Weng Chuming, lawyer of Guangxin District
Hello! I'm Weng Chuming, a lawyer from Guangxin District. I can always have legal problems Consult me