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 Lawyers of Henan Mongolian Autonomous County

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  • The specific investigation methods are: 1. The public security organ can find out where the people who participate in mobile phone gambling are surfing the Internet through the IP address of the operator, and then determine which computer or mobile terminal the people who participate in mobile phone gambling are surfing the Internet, so as to detect. 2. Whoever, for the purpose of making profits, provides conditions for gambling, or participates in gambling with a relatively large sum of money, shall be detained for not more than five days or fined not more than 500 yuan.
    #Case handling process View: 2147465533
  • Fixed deposits can be withdrawn even if they are not due after death. 1. If the account of the deceased has not been cancelled, you can withdraw money from the bank with the ID card of the deceased and the ID card of the person taking the money on behalf. 2. If the account of the deceased person has been cancelled, when the deposit is due, withdrawal will be made on the due date, and no ID card is required.
    #Family disputes View: 2147465481
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July

four

Hello, there is no marriage certificate. The relationship between husband and wife is not recognized in law, and there is no divorce. Both parties are cohabiting.
#Latest Qinghai Huangnan

July

two

Hello, what's your situation
From question: Hello?
#Latest Qinghai Huangnan

July

four

Hello, there is no marriage certificate. The relationship between husband and wife is not recognized in law, and there is no divorce. Both parties are cohabiting.
#Marriage and family Qinghai Huangnan
marriage and family criminal defense Labor disputes traffic accident Creditor's rights and debts
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  • Divorce is a legal way for a couple to dissolve their marriage through the judiciary. When applying, you can use the [People's Court Online Service] APP to select a provincial administrative region. After real name authentication, click [I want to file a case] → [Trial filing], select whether to accept mediation, and then select [Apply for myself] → [Civil first instance].
    2024-07-02 10:57:00 Number of helpers: 1758
  • According to Chinese law, the legal age of marriage for women shall not be less than 20 years old. To register for marriage, you need to prepare detailed information and follow the procedures. First, both parties need to provide valid ID cards, household registers and recent bareheaded photos. Then, go to the local marriage registration office to submit an application and fill in the marriage registration form. After verification, get the marriage certificate and complete the marriage registration. In this process, both parties need to ensure that the information is true, legal, and willing to marry, so that they can successfully enter the marriage palace.
    2024-07-02 10:33:00 Number of helpers: 1944
  • The division of property after marriage follows the principle of fairness to ensure the legitimate rights and interests of both parties. The common property shall be divided equally, taking into account the contribution and care of children and women's rights and interests. Personal property shall belong to each other and shall not be infringed upon. The division shall be negotiated, and if it is impossible to negotiate, it can resort to law. The above principles are aimed at maintaining the stability and fairness of marital property relations.
    2024-07-02 10:30:00 Number of helpers: 1673
  • Suggestions on the settlement of marital property disputes: the man's personal property, the woman's exclusive right to use it, and the ruling should be made together when the marriage breaks down. The husband's family property is shared by the wife's family and can be mediated in case of breakdown; If they fail to do so, they will not be subject to substantive disposal, and the parties will be informed to handle the dispute separately as an independent case.
    2024-07-02 10:30:00 Number of helpers: 1436
  • The constitutive elements of the crime of financial contract fraud include: the perpetrator has the capacity for criminal responsibility, illegally occupies others' property subjectively and intentionally, commits fraud by signing and performing contracts, and causes a large amount of property losses to the victim. These elements together constitute the basis for the determination of the crime of financial contract fraud, which is of great significance for maintaining financial order and protecting public interests.
    2024-07-04 13:57:00 Number of helpers: 1457
  • It is illegal and criminal to open a casino on WeChat. Organizing gambling, building a gambling platform and providing gambling tools all belong to this category. The conviction basis includes clear gambling rules, illegal profit-making behavior, number of gamblers and amount of gambling money. The criminal suspect needs to know the nature of the crime and have the purpose of making profits. The law has strict regulations on this, so don't try the law by yourself.
    2024-07-04 13:57:00 Number of helpers: 1334
  • According to the Criminal Procedure Law, the maximum time limit for the suspects of gang trust crimes to be detained in other places is 14 days, which can be extended to 37 days under special circumstances. During this period, the police will investigate and decide whether to arrest. After arrest, it will enter the stage of review, prosecution and trial, and the time varies with the complexity of the case. The police will handle the case in accordance with the law to ensure fair procedures.
    2024-07-04 13:57:00 Number of helpers: 1088
  • Although obtaining a guarantor pending trial cannot directly determine the trial result, the defendant's performance during this period may affect the probation judgment. If the defendant is law-abiding and performs well, the court may consider that his social harmfulness is low and increase the probability of probation. However, whether to suspend a sentence or not requires comprehensive consideration of such factors as the nature of the crime, the circumstances, the performance of repentance and the impact on society. Judges will not mechanically apply fixed standards.
    2024-07-04 13:57:00 Number of helpers: 1762
  • The perpetrator of theft is entitled to receive salary if his unit still provides salary treatment during his sentence. But this does not mean that legal liability can be evaded. Their property rights may be restricted before sentencing to deal with possible damages or fines. Receiving salary while serving a sentence does not mean mitigating legal punishment.
    2024-07-04 11:03:00 Number of helpers: 1134
  • If the insured encounters an accident and is denied compensation after purchasing the insurance, he/she can try to negotiate with the insurance company to understand the reasons for the denial of compensation and seek a just solution. If the negotiation fails, it can apply for insurance arbitration. If the dispute cannot be settled through arbitration, the insured can file a lawsuit to the court according to law to safeguard his legal rights and interests.
    2024-07-03 12:54:00 Number of helpers: 1325
  • Ways to solve labor disputes: first, both parties should communicate and negotiate; If the negotiation fails, apply for labor arbitration; If the arbitration is not satisfactory, a lawsuit can be brought to the court. It is necessary to ensure fairness and equity throughout the process and protect the rights and interests of both parties. Through these steps, the aim is to effectively resolve conflicts and build harmonious labor relations.
    2024-07-02 10:33:00 Number of helpers: 1904
  • Generally, when a worker voluntarily proposes to resign, the employer does not have the obligation to provide economic compensation. This is because resignation is a voluntary choice made by workers, not a dismissal or contract termination caused by employers. Therefore, in the case that the employee voluntarily proposes to resign, unless otherwise agreed by both parties, the employer does not need to pay the economic compensation related to the termination of the contract. This is based on the general principles of the Labor Law, aiming to safeguard the legitimate rights and interests of both labor and management and the principle of fair trade.
    2024-07-02 10:30:00 Number of helpers: 1308
  • The sentencing of traffic accident crime in Shanghai shall comply with national laws and regulations. The ordinary crime of causing an accident can be sentenced to fixed-term imprisonment of less than three years or criminal detention, and the death caused by escaping can be sentenced to fixed-term imprisonment of more than seven years. The specific sentencing should comprehensively consider the circumstances of the crime, the severity of the consequences and the defendant's repentance. All courts in East China hear relevant cases according to this standard.
    2024-07-04 13:48:00 Number of helpers: 1614
  • To judge whether it constitutes a traffic accident crime, it is necessary to examine whether the driver violates the traffic and transportation management laws and regulations, thus causing serious traffic accidents, casualties or major property losses. At the same time, the driver must assume primary or full responsibility. If these conditions are met, the driver may constitute a traffic accident crime.
    2024-07-04 13:39:00 Number of helpers: 1040
  • The maximum detention period for the traffic accident crime is generally 37 days, including the time when the public security organ requests arrest and the procuratorate examines and approves arrest. If the prosecutor's office approves the arrest, the suspect will be detained for a long time pending trial. However, this period may be interrupted due to the need of investigation, and the calculation is discontinuous. The specific length of detention depends on the case.
    2024-07-04 13:30:00 Number of helpers: 1768
  • Gusu District measures the penalty for the crime of causing traffic accidents according to the provisions of the Criminal Law and the seriousness of the case. If the traffic accident caused by negligence threatens personal safety and property, the minor one can be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and the serious one can be sentenced to fixed-term imprisonment of not less than three years but not more than seven years. The sentencing standard depends on the situation and severity of the case, to ensure the fair punishment of traffic accidents.
    2024-07-04 13:30:00 Number of helpers: 1741
  • Whether the husband and wife should be responsible for the crime of credit card fraud depends on whether they participate in the crime together. If one party knows and participates in the fraud of the spouse, it may constitute a joint crime and shall bear legal responsibility. If the spouse's behavior is completely unknown or cannot be interfered with, it is not easy to involve the other party. The Criminal Law of China clearly stipulates joint crime.
    2024-07-04 11:30:00 Number of helpers: 1658
  • In legal practice, the creditor's subrogation should be based on a valid contract. If the contract is not legally established, invalid, illegal or revoked, the creditor cannot exercise the right of subrogation. The basic conditions for exercising the right of subrogation include: the validity of the contract, the damage to the creditor's rights and interests, and the debtor's delay in exercising the creditor's rights.
    2024-07-02 10:30:00 Number of helpers: 1108
  • In the face of unpaid loans from relatives, creditors can take a variety of effective recovery methods. First, friendly communication can be made to clarify the repayment plan. If it is invalid, you can remind in writing or seek legal means, such as prosecution or mediation. At the same time, it is very important to retain the evidence of borrowing to ensure that the rights and interests are not damaged.
    2024-07-02 10:30:00 Number of helpers: 1791
  • The limitation of action for loan cases is three years. The limitation period shall be calculated from the date when the parties know or should know that the rights and interests of the debtor are damaged. However, it should be noted that the court will no longer protect such claims if it has been more than 20 years since the date of impairment of rights and interests. Therefore, creditors should exercise their rights in a timely manner so as not to miss the limitation of action, which will lead to the failure of legal protection of their rights and interests. In a loan transaction, both parties shall clearly agree on the repayment period and retain relevant evidence to prove their rights and responsibilities when necessary.
    2024-07-02 10:15:00 Number of helpers: 1138
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