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July

one

Hello, the public lawyer is at your service. You can have a private chat about 156797750990
#Latest Jiangxi Ganzhou

July

one

A criminal case refers to a case in which a criminal suspect or defendant is accused of violating the social relations protected by the criminal law, and the state files a case for investigation, trial and criminal sanction in order to investigate the criminal responsibility of the criminal suspect or defendant.
#Latest Jiangxi Ganzhou

July

three

If one party refuses to divorce, the other party can solve the problem through legal means of divorce proceedings. According to the Civil Code of the People's Republic of China, if one of the husband and wife requests divorce, they can directly file a divorce lawsuit with the people's court with jurisdiction.
#Latest Jiangxi Ganzhou

July

four

The court's effective judgment held that during the existence of the marriage relationship, one of the husband and wife donated their common property to others without authorization, and there was no legal basis for the donee to obtain the property, and the other husband and wife had the right to request the return of the joint property of the husband and wife.
#Latest Jiangxi Ganzhou

July

three

If one party refuses to divorce, the other party can solve the problem through legal means of divorce proceedings. According to the Civil Code of the People's Republic of China, if one of the husband and wife requests divorce, they can directly file a divorce lawsuit with the people's court with jurisdiction.
#Marriage and family Jiangxi Ganzhou

July

four

The court's effective judgment held that during the existence of the marriage relationship, one of the husband and wife donated their common property to others without authorization, and there was no legal basis for the donee to obtain the property, and the other husband and wife had the right to request the return of the joint property of the husband and wife.
#Marriage and family Jiangxi Ganzhou

July

three

Compulsory divorce is achieved through litigation and requires court mediation or judgment. According to the Marriage Law, if the relationship is broken and the mediation is invalid, the court should grant divorce.
#Marriage and family Jiangxi Ganzhou

July

four

If both parties agree to change custody, and the change is beneficial to the child's life, the change process can be changed by notarizing the change custody agreement.
#Marriage and family Jiangxi Ganzhou

July

one

Hello, the public lawyer is at your service. You can have a private chat about 156797750990
#Criminal defence Jiangxi Ganzhou

July

one

A criminal case refers to a case in which a criminal suspect or defendant is accused of violating the social relations protected by the criminal law, and the state files a case for investigation, trial and criminal sanction in order to investigate the criminal responsibility of the criminal suspect or defendant.
#Criminal defence Jiangxi Ganzhou

July

four

If the bank card is notified to go to the police station for questioning because of online gambling related fraud collection, it should actively cooperate with the public security organ in the investigation and truthfully state the relevant situation.
#Criminal defence Jiangxi Ganzhou

July

four

The crime of mobile phone fraud, in fact, refers to the use of mobile phones and other telecommunications tools for fraud, and its sentencing period is mainly determined by the amount of fraud and the severity of the circumstances.
#Criminal defence Jiangxi Ganzhou

July

one

In general, death caused by simple traffic accident does not necessarily lead to imprisonment. If the death is caused by a traffic accident due to force majeure or accidents, the perpetrator has no fault, does not constitute a crime, and does not need to bear the consequences of imprisonment.
#Traffic accident Jiangxi Ganzhou

July

four

If a normal traffic accident causes casualties, if the driver is responsible for the accident and the vehicle is insured, the sentence should be judged in a comprehensive way. First, determine the division of accident responsibility. If the driver is mainly or fully responsible for causing one death or serious injury to more than three people, it may constitute a traffic accident crime.
#Traffic accident Jiangxi Ganzhou

July

three

When you find that the other party is in arrears, the first thing to do is to send a lawyer's letter to warn the other party. The lawyer's letter has legal effect, which can clearly inform the other party of its breach of contract and require the other party to perform its repayment obligations within the specified time.
#Creditor's rights and debts Jiangxi Ganzhou

July

four

Whether the money invested can be recovered after it has run away depends on many factors, including the specific way of investment, whether there is fraud, and the validity of the contract.
#Creditor's rights and debts Jiangxi Ganzhou

June

thirty

The Civil Code stipulates that the guarantor's failure to perform the guarantee is not a criminal act and does not need to bear criminal responsibility. If the guarantor fails to perform the guarantee responsibility, the creditor can sue the guarantor to the court.
#Contract affairs Jiangxi Ganzhou

July

four

The compensation for a child injured by riding a bicycle should be handled through consultation, mediation or litigation in accordance with the relevant provisions of the Civil Code of the People's Republic of China and in light of the specific circumstances.
#Damages Jiangxi Ganzhou

July

four

In the absence of State regulations and agreement between the parties, the consumer may return the goods within seven days from the date of receipt of the goods; Consumers can return the goods in time if they meet the legal conditions for termination of the contract after seven days
#Damages Jiangxi Ganzhou

June

thirty

This is a clear compensation standard, which ensures that consumers can get enough compensation even in the case of small purchases.
#Damages Jiangxi Ganzhou
 Ruan Chaoqun, lawyer of Nankang District
Specially invited lawyer of Nankang District: Ruan Chaoqun
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  • After the divorce lawsuit was submitted, the court session time was not clearly stipulated by law, but there was a time limit for trial. The trial period of summary procedure is 3 months, and the court session is generally held about 1 to 2 months after the case is filed; The ordinary procedure is limited to six months, and the court session is usually held two to three months after the case is filed. The actual hearing is affected by the number of court cases, scheduling and other factors, and most cases may be postponed. The court will serve a subpoena to notify the hearing, and keep the phone open and pay attention to information.
    2025-07-04 16:45:01 Number of helpers: 1421
  • After suing for divorce, the marriage certificate shall be obtained, and the divorce judgment shall be confirmed to be effective first. Then both men and women should apply to the marriage registration office in the place where one party's household registration is located. Take your household register, ID card, statement of no spouse, no direct relatives by blood, and collateral relatives within three generations when handling the case. Remarriage also requires an effective divorce judgment or mediation statement. Both parties apply in person, fill in the Declaration of Marriage Registration Application and sign or press the fingerprint, and if they meet the conditions after examination, they will be registered and issued a marriage certificate.
    2025-07-04 16:45:01 Number of helpers: 1788
  • Forging a divorce certificate is an illegal act, and the divorce certificate has legal effect. Forging a divorce certificate is suspected of forging a state organ certificate. According to the law, forging official documents and certificates of relevant state organs shall be sentenced to fixed-term imprisonment of not more than three years, and if the circumstances are serious, to fixed-term imprisonment of not less than three years but not more than 10 years. Forging divorce certificates will damage management activities and reputation, and will also lead to other legal issues. If anyone is found to have forged something, he can report it to the public security organ, and the judicial organ will investigate his legal responsibility.
    2025-07-04 16:45:00 Number of helpers: 1745
  • The ownership of custody should be comprehensively judged from many aspects, such as benefiting the physical and mental health of children. If the woman doesn't want to win, she can negotiate with the man and sign an agreement; If no consensus can be reached, the woman can explain to the court the reasons why it is not suitable for upbringing and submit evidence more suitable for the man. The court will make a judgment according to the circumstances. Even if the woman does not directly support them, she should also bear the obligation of support and pay maintenance fees, which is generally 20% and 30% of the monthly income, depending on the actual situation.
    2025-07-04 16:45:00 Number of helpers: 1396
  • If the case of dangerous driving crime is filed and meets the conditions, it can be granted a guarantor pending trial. Obtaining a guarantor pending trial is a compulsory measure taken by the judicial authority against a specific criminal suspect or defendant to prevent them from evading investigation, and to order them to provide a guarantor or pay a security deposit, and the guarantee will be delivered at any time. You can apply for punishment such as public surveillance or serious illness. In short, whether or not to obtain a guarantor pending trial after filing a case depends on the specific circumstances of the case.
    2025-07-04 16:00:01 Number of helpers: 1275
  • The crime of robbery after the event is the crime of quasi robbery, and its determination conditions include: the premise is that the crime of theft, fraud and robbery has been committed; The time and space condition is to threaten with violence or violence on the spot or soon after the behavior is implemented; The purpose is to hide stolen goods, resist arrest or destroy criminal evidence. For example, if Zhang San used violence against Li Si to resist arrest after stealing, "on the spot" should be judged comprehensively according to the specific situation, usually referring to the place closely connected with the time and space of theft and other acts.
    2025-07-04 16:00:00 Number of helpers: 1664
  • There are many circumstances in which the crime of fraud should be treated with leniency. Including the suspect surrenders voluntarily, voluntarily surrenders and truthfully confesses, which can be mitigated or mitigated, and the minor crime can be exempted from punishment; If the performance of meritorious service is proven to be true, it can also be mitigated or mitigated; Active return of stolen goods and compensation can be regarded as a lighter form of repentance; Crimes committed by minors and other specific groups should be mitigated or mitigated according to law; If the circumstances of the crime are minor, such as the amount of fraud is small and the means are not bad, the court may also give a lighter sentence. The specific range shall be comprehensively decided by the court according to the whole case.
    2025-07-04 16:00:00 Number of helpers: 1145
  • The maximum period for obtaining a guarantor pending trial is one year. Fifteen days before the expiration of the time limit, the executing authority shall notify the decision making authority in writing, who shall make a decision to rescind or modify the compulsory measures and notify the executing authority. If the case is obviously minor, it shall be lifted, and the executive organ shall announce the decision and return the deposit. Compulsory measures can be changed if the investigation needs to be continued. If the conditions for arrest are met, the person will be arrested according to law. The person on bail should cooperate in handling subsequent matters.
    2025-07-04 16:00:00 Number of helpers: 1586
  • After the expiration of the labor contract, if the employer and the employee continue to work without renewing the contract, under certain circumstances, the employer needs to pay twice the salary. If the laborer still works after the expiration of the immediate period, and the employer has not signed a written contract for more than one month but less than one year, it shall pay twice the salary and sign a supplementary contract. If the employee refuses to renew the contract and the employer has evidence and gives a written notice to terminate the labor relationship, no payment is required. Whether to pay or not shall be determined comprehensively according to specific conditions.
    2025-07-04 16:25:00 Number of helpers: 1170
  • When applying for labor arbitration, the arbitral tribunal will generally issue a result within 45 days from the date of accepting the arbitration application. For complex cases, it can be extended for 15 days upon approval, up to 60 days. If no decision is made within the time limit, the parties may bring a lawsuit. If a mediation agreement is reached in arbitration, the effective time of the mediation statement shall be determined according to the actual mediation situation, and the successful mediation can quickly resolve the dispute.
    2025-07-04 16:20:00 Number of helpers: 1825
  • When the labor contract expires, there are three situations: termination, renewal and economic compensation. If the contract is not renewed, it will be terminated, and the employer shall notify in advance. Both parties agree that the contract can be renewed in a variety of forms, and the unit shall sign the contract if the qualified employee proposes to renew the contract. In case of termination of the contract, except for special circumstances, the employer shall pay economic compensation, which shall be calculated according to the length of service, one month's salary shall be paid for the full year, one year for more than six months but less than one year, and half a month's salary for less than six months.
    2025-07-04 16:20:00 Number of helpers: 1913
  • If no labor contract is signed, the labor relationship can be recognized according to the following vouchers: wage payment vouchers, identity certificates issued by the employer, recruitment records, attendance records and other worker testimony. Among them, the employer shall bear the burden of proof for relevant vouchers such as wage payment vouchers, and will bear adverse consequences if it refuses to provide them. Workers can use these evidences to apply to the labor dispute arbitration committee for arbitration to confirm labor relations.
    2025-07-04 16:20:00 Number of helpers: 1136
  • Penalties for driving without a license and escaping: driving without a license may be fined not less than 200 yuan but not more than 2000 yuan, and may also be detained for not more than 15 days. If escaping does not constitute a crime, in addition to driving without a license, a fine of not less than 200 yuan but not more than 2000 yuan and detention of not more than 15 days shall be imposed. If more than one person is seriously injured due to escape and is held responsible, which constitutes a traffic accident crime, there are different penalties. The escapee must also bear civil liability for compensation, including personal injury and property loss compensation.
    2025-07-04 16:25:00 Number of helpers: 1423
  • When the responsibility for hit and run is identified as the main responsibility, it is not necessary to detain immediately. If it does not constitute a crime, it can be detained for less than 15 days according to the Road Traffic Law. Whether to detain is determined by the traffic police according to the escape circumstances, consequences, repentance and other factors. If more than one person is seriously injured and is held responsible, and the specific circumstances such as drunk driving constitute a traffic accident crime, he will be detained and face criminal trial. The main responsibility may be detained, which shall be subject to the final decision of the traffic police.
    2025-07-04 16:25:00 Number of helpers: 1241
  • Unlicensed hit and run after drinking involves criminal and administrative responsibilities. Criminally, if more than one person is seriously injured and is held responsible or fully responsible, he or she shall be convicted of the crime of causing traffic accidents. Escape will increase the punishment. If he or she escapes to death, he or she will be sentenced to more than seven years of fixed-term imprisonment. In terms of administration, unlicensed driving can be fined and detained, drunk driving can be fined for temporary suspension of driving license, drunk driving can be suspended for five years and driving can be banned for life.
    2025-07-04 16:20:00 Number of helpers: 1004
  • Escaping after a traffic accident is a serious illegal act. If the violation does not constitute a crime, the traffic control department shall impose a fine of not less than 200 yuan but not more than 2000 yuan, and may concurrently detain the driver for not more than 15 days, revoke the driver's license and prohibit driving for life. If a crime is constituted, he 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. The traffic police shall be present in time after notification. Voluntary surrender and truthful confession may constitute voluntary surrender, and may be given a lighter or mitigated punishment when sentencing.
    2025-07-04 16:20:00 Number of helpers: 1132
  • The bank card co managed account generally requires both parties to jointly operate key withdrawals and other behaviors, and one party cannot withdraw all of them. It is a special account management form designed to meet the mutual fund management needs of both parties. The bank operation process often requires the co management party to be present or provide authorization to conduct fund changes. If one party withdraws all the money without authorization, it may infringe the rights and interests of the other party, and the injured party has the right to claim rights through legal means, which shall be comprehensively judged according to relevant agreements and bank regulations.
    2025-07-04 16:30:00 Number of helpers: 1754
  • The period of suretyship of joint and several sureties is usually stipulated in the suretyship contract. If it is not agreed or unclear, the guarantor shall be exempted from liability if the creditor does not require the guarantor to bear the liability within six months from the date of expiry of the main debt performance period. If Party A is a joint guarantee for Party B's debts, and the creditor does not claim against Party A within six months after the expiration of the period, Party A shall not be liable. If the agreement is earlier than or equal to the performance period of the main debt, it shall be deemed that there is no agreement, and if the agreement is similar to "until the principal and interest are paid off", it shall be deemed that the agreement is unclear, and the agreement on the guarantee period is crucial to the joint and several guarantors' liability.
    2025-07-04 16:30:00 Number of helpers: 1909
  • When the subject matter of the creditor's cancellation right is mortgaged, the handling method shall be determined according to the situation. The mortgage occurs before the creditor exercises the right of cancellation and is legal. The mortgage is valid, and the creditor can request to cancel the mortgage contract. If the mortgage is the malicious collusion between the debtor and a third person to damage the interests of the creditor, the creditor may exercise the right of cancellation to invalidate the mortgage, and at this time has the right to receive priority payments on the collateral. In short, it is necessary to determine the exercise of the creditor's right to revoke and the way to deal with the collateral according to the specific circumstances of the mortgage and the legal provisions.
    2025-07-04 16:30:00 Number of helpers: 1581
  • After the judgment on private lending takes effect, if the debtor fails to perform its obligations, the creditor can apply for enforcement. Neither party has appealed the judgment of the first instance, and the term of action expires 15 days after it is served; The judgment of second instance shall come into force as soon as it is made. If the effective judgment has a time limit for performance, an application may be filed if the time limit for performance has not expired; If the period of performance is not specified, the application may be made directly after the judgment becomes effective. Generally, the time limit for application enforcement is two years, and the starting point varies according to the provisions of legal documents.
    2025-07-04 16:25:00 Number of helpers: 1582
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 Ruan Chaoqun, lawyer of Nankang District
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