Benxi Lawyer

According to the Administrative Procedure Law, the defendant in administrative proceedings is always an administrative organ, and the administrative organ should bear the burden of proof for the legality of its specific administrative act. The plaintiff may be a citizen, legal person or other organization. General administrative organs have certain administrative functions and powers, so in order to ensure the balance of rights and obligations and better protect the interests of the people. Therefore, the administrative law only deals with "people suing officials".

Article 9 of the Administrative Reconsideration Law of the People's Republic of China

If a citizen, legal person or other organization considers that a specific administrative act infringes upon his or her legitimate rights and interests, he or she may apply for administrative reconsideration within 60 days from the date when he or she becomes aware of the specific administrative act; However, the application period prescribed by law exceeds 60 days. If the statutory application deadline is delayed due to force majeure or other justified reasons, the application deadline shall continue to count from the date when the obstacle is removed.

There are three situations in which a worker proposes to terminate the labor contract (resign):

First, according to the provisions of Article 37 of the Labor Contract Law, it is proposed to terminate the labor contract (resign), that is, notify the employer 30 days in advance (3 days of probation), without the approval of the employer. However, the employer shall not bear the economic compensation;

Second, according to the provisions of Article 38 of the Labor Contract Law, it is not necessary to terminate the labor contract (resign) 30 days in advance or approve it. Moreover, the employer must also pay economic compensation for one month's salary per year of work in accordance with the provisions of Article 47 of Article 16 of the Labor Contract Law;

Third, the laborer has no basis to terminate the labor contract (self separation) in violation of the law. The employer not only does not give economic compensation, but also can, according to the provisions of Article 90 of the Labor Contract Law, bear the liability for compensation if it causes losses to the unit. The unit may deduct wages as compensation.

Article 47 of the Labor Contract Law

The economic compensation shall be paid to the workers according to the number of years they have worked in the unit and the standard of one month's salary for each full year. If it is more than six months but less than one year, it shall be counted as one year; If the period is less than six months, the employee shall be paid economic compensation of half a month's salary. If the monthly salary of a worker is three times higher than the average monthly salary of the employees in the previous year published by the people's government of the municipality directly under the Central Government or the city divided into districts where the employer is located, the standard of economic compensation paid to the worker shall be three times the average monthly salary of the employees, and the maximum period of economic compensation paid to the worker shall not exceed 12 years. The monthly wage mentioned in this article refers to the average wage of the laborer for the twelve months prior to the dissolution or termination of the labor contract.

Evident unfairness refers to a contract concluded by a party under urgent or inexperienced circumstances that is obviously detrimental to itself. Evidently unfair contracts often result from the extremely unequal rights and obligations of both parties and the imbalance of economic interests, thus violating the principle of fairness and reasonableness.

Civil Code Article 151

If one party makes use of the other party's situation such as being in a state of distress and lack of judgment ability, which makes the civil legal act obviously unfair when it is established, the injured party has the right to request the people's court or arbitration institution to revoke it.

1. The subject qualification of the rental house, that is, whether the contracting party is the property owner (if not, at least it should have the corresponding authorization of the property owner). In practice, someone has signed a contract with a non property owner, which has caused a lot of unnecessary trouble;

2. The condition of the house, the decoration of the house and the articles accompanying the house (such as the telephone and other articles provided with the house) should be carefully filled in when renting to prevent disputes when returning the house;

3. It should be clearly agreed whether the renter has the right to sublease;

4. The responsibility for house repair shall be clearly agreed (generally the lessor shall be responsible);

5. It should be agreed that the lessor must issue the corresponding receipt voucher (or transfer to the agreed account) when collecting the monthly rent;

6. The lease term of the person who sublets to you and the landlord should be clear. The lease term of the contract he signed with you should not exceed the lease term of himself and the landlord;

7. It depends on whether the house is set with usufruct such as mortgage; If any, whether the mortgagee is allowed to rent, and how to bear the responsibility in case the mortgage is realized.

Article 704 of the Civil Code

The contents of the lease contract generally include the name, quantity, purpose, lease term, rent and its payment term and method, maintenance of the lease item and other terms.