Legal topics

Bigamy is a private prosecution case. If the trial is concluded within 20 days under summary procedure, the sentence may be more than three years of fixed-term imprisonment, which can be extended to one and a half months; The sentence shall be pronounced within two months in the ordinary procedure, and three months at the latest. The death penalty and other cases may be extended for three months with the approval of the superior court. Any extension under special circumstances shall be reported to the Supreme Court for approval. The hearing time is affected by the case scheduling, and the court usually sends subpoenas and notice of hearing to the litigation participants 3 days before the hearing.

Police stations generally do not handle cases of job encroachment because they are public prosecution cases. Usually, the public security organ files the case for investigation and then transfers it to the procuratorate for examination and prosecution. The crime of duty embezzlement refers to the behavior that the personnel of the company and other units illegally occupy the property of their own unit with a large amount by taking advantage of their positions. After receiving the report, the public security organ will put the case on file for investigation. After the investigation is completed and the material evidence is transferred, the procuratorate will review and decide whether to prosecute. The police station will be responsible for the preliminary investigation, but not the final handling.

If an employee is dismissed due to violation of regulations, the compensation depends on the situation. The employer does not need to pay economic compensation in case of legal dismissal, such as repeated absenteeism and disclosure of business secrets. If the employer's rules and regulations or dismissal procedures are illegal, which constitutes an illegal dismissal, the employer shall pay twice the economic compensation standard. The economic compensation shall be calculated according to the working years of the employees, and one month's salary shall be paid for every full year. In case of specific problems, you can consult with professional legal personnel to safeguard your rights.

Application for labor arbitration generally requires application form, identity certificate, labor relationship certificate, evidence materials and other materials, which vary from region to region and case to case. The application shall specify the information of both parties and submit copies according to the number of people; The identity certificate confirms the identity; Labor relationship certification is critical; Evidence materials shall be provided upon request; The industrial and commercial registration information of the respondent may also be required. It is suggested to consult with labor arbitration institutions or professional lawyers in advance to safeguard their own rights and interests.

If the other party fails to stop the car due to a minor accident, the handling method is as follows: first retain the on-site evidence, take photos to reserve the location and damage of the car; Call the police in time to inform the traffic police of the details of the accident; Find the vehicle information of the other party by monitoring; Report to the insurance company for settlement of claims according to the determination results; If the other party does not cooperate, it can sue. If there is any doubt in the handling, it is recommended to consult professional lawyers to protect their own rights and interests.

The car insurance claim settlement process with minor scratches and full responsibility of the other party can generally be completed in 1 to 2 weeks. The other party first reports the case to its insurance company and provides accident information and evidence, the insurance company determines the loss, and the insured submits maintenance invoices and other materials after sending them for repair. If they pass the review, they will be compensated. If the case is complicated, the claim settlement time may be extended to 1 to 2 months or even longer. The insured shall maintain communication with the insurance company and provide information in time to ensure the smooth settlement of claims.

The calculation of compensation amount for work-related ankle fracture involves many factors. Medical expenses shall be calculated based on actual expenses, including registration, inspection and other expenses; The wages and benefits during the suspension period will remain unchanged and will be paid monthly by the unit; The disability allowance is determined by grade, for example, the first grade disability is 90% of my salary; The one-time disability subsidy is based on the salary of the employee, and the salary of Grade VIII disability is 11 months' salary. There are also one-time medical subsidies for work-related injuries, the standard of which is stipulated by the provinces. There is also economic compensation for the cancellation of labor relations. The compensation depends on the specific situation, usually tens of thousands to hundreds of thousands of yuan.

Fracture during work is work-related injury, and compensation shall be subject to specific circumstances. Including compensation for actual expenses incurred, such as medical expenses, wages for shutdown with pay (paid according to the pre injury wage standard); The one-time disability subsidy varies greatly with the level of disability related compensation; There are also one-time medical subsidies for work-related injuries and one-time disability employment subsidies, the standards of which are stipulated by the provinces. If negotiation fails, labor arbitration can be applied. Local wage standards, disability levels, etc. shall be taken into consideration when calculating compensation. The specific amount shall be determined accurately according to the actual situation.

To sue the borrower, first of all, we should prepare the evidence that can prove the loan and borrowing situation, such as the debit note, transfer record, chat record, etc., which is critical to claim the creditor's rights. Then write the indictment containing the identity information of the plaintiff and defendant, the claim, facts and reasons. Then go to the court with jurisdiction to file a case, determine the jurisdiction according to the principle of "the plaintiff is the defendant" or as agreed, submit the complaint, evidence and pay the legal fees. Wait for the court session after filing the case, and arrive at the court on time to safeguard their own rights and interests according to the procedure.

There is no exact standard for the minimum amount of the debtor to be sued. The civil category deals with matters according to the subject matter of the lawsuit. Even if the arrears dispute is only a few hundred yuan or even dozens of yuan, it can be sued, but only the comprehensive consideration of litigation costs, such as attorney fees, legal fees, etc. If there is a clear agreement on economic contract disputes, they can also be sued if they meet the prosecution conditions. As long as the debt facts and legal relations are clear, no matter how much the amount is, rights can be protected through legal channels, and litigation costs and other factors need to be considered.

The way to deal with one party's breach of contract after signing the contract: first look at the contract agreement. There is an agreement to require the breaching party to pay liquidated damages, continue to perform or compensate for losses according to the agreement. In case of no agreement, the observant party may require the defaulting party to bear the liability for breach of contract such as continued performance in accordance with the Civil Code, and the amount of loss compensation is specified. If the breaching party refuses to bear the responsibility, the observant party can negotiate and mediate first, and if it fails to do so, it can sue in the court or apply for arbitration.

As for the handling of invalid parts in the agreement, the scope and terms of invalidity should be clarified. Both parties should carefully check the details of the agreement and judge in accordance with laws, regulations and the actual situation. If the performed part does not affect the overall purpose, it can continue, otherwise, it can be remedied through negotiation. The unfulfilled part shall be stopped immediately. Both parties can also negotiate to modify or supplement. If they fail to do so, they can solve the problem through arbitration or litigation and other legal means. The legal rights and interests of each party should be safeguarded according to the specific circumstances.