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 Zheng Yuanyuan, a lawyer of Qihe County
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  • In marriage, if the derailment leads to property problems, the court will combine various factors to decide. If the derailer is the main fault party, the innocent party may take more when distributing property. However, this is not certain. It also depends on the number of marital property and the economic strength of both parties.
    2024-09-26 10:12:00 Number of helpers: 1144
  • The court will give priority to the rights and interests of minors when dealing with the problem of raising children born out of wedlock. Children under the age of two are generally awarded to their mothers unless they are unable to perform their duties. For children over the age of two, the court will comprehensively evaluate the conditions of the parents and determine the custody right based on the healthy growth of the children. For children over the age of eight, the court will also consider their wishes.
    2024-09-26 10:12:00 Number of helpers: 1506
  • In a marriage relationship, one party's infidelity may have an impact on the division of property. However, the couple can still reach a property agreement through negotiation. During the negotiation, both parties should fully communicate to ensure that the agreement is legal, voluntary and in line with the actual needs of both parties. If the negotiation fails, it is also possible to resolve the dispute through litigation. The judge will make a fair decision on the division of property based on the comprehensive consideration of the situation of both parties.
    2024-09-26 10:12:00 Number of helpers: 1055
  • If the defendant does not appear in court during the re prosecution of divorce cases, the court may make a public announcement. This is to ensure that the plaintiff can obtain judicial relief according to law. The service of public notice is generally used when the defendant is lost or cannot be contacted. In this process, the court will hear and decide according to the provisions to ensure that the procedure is reasonable and lawful.
    2024-09-26 10:12:00 Number of helpers: 1475
  • Criminal detention is a temporary compulsory measure adopted by the public security and procuratorate against active criminals or major suspects during investigation. The purpose is to ensure the smooth progress of the proceedings and prevent suspects from escaping or destroying evidence. Serving a sentence is a process in which a criminal executes his sentence in prison after being sentenced. The legal nature and purpose of the two are completely different.
    2024-09-26 12:08:00 Number of helpers: 1533
  • Drug trafficking is a serious crime, and the conditions for obtaining a guarantor pending trial are very strict. It is necessary to comprehensively consider the social harmfulness of the defendant, the circumstances of the crime, and whether it will interfere with the proceedings. In drug trafficking cases, obtaining a guarantor pending trial may be applicable to people who are seriously ill and unable to take care of themselves, women who are pregnant or breast-feeding, and people who will not pose a danger to society after obtaining a guarantor pending trial. If the detention period expires but the case has not yet ended, you can also apply for a guarantor pending trial.
    2024-09-26 12:08:00 Number of helpers: 1091
  • The decision to obtain a guarantor pending trial does not mean that the defendant has pleaded guilty, but that it is a compulsory measure in criminal proceedings. The main purpose is to ensure the normal progress of the proceedings, rather than the determination of criminal responsibility. Waiting on bail may be implemented due to the defendant's health status, incomplete evidence collection and other factors. Therefore, being granted bail does not mean that the defendant has admitted his crime.
    2024-09-26 12:08:00 Number of helpers: 1175
  • Obtaining a guarantor pending trial is only a criminal coercive measure, not the final result of the case. Its purpose is to ensure the smooth progress of criminal proceedings, not to detain suspects or defendants. During the period of obtaining a guarantor pending trial, the law enforcement organ will conduct in-depth investigation and screening of the case and start the review and prosecution procedure. If the facts of the crime are clear and the evidence is conclusive, and criminal responsibility should be investigated, a public prosecution will be filed with the court.
    2024-09-26 12:08:00 Number of helpers: 1121
  • During the probation period, if the employer does not dismiss the employee according to the legal procedures, the employee can protect his/her rights and interests through labor arbitration. If the employer dismisses the employee on the grounds that the employee does not meet the employment standards, but cannot provide specific employment standards or evaluation basis, such dismissal is usually illegal and invalid. Employees should arbitrate according to law to ensure that their legitimate rights and interests are not infringed.
    2024-09-26 10:10:00 Number of helpers: 1850
  • There are clear time limits for the acceptance and hearing of labor arbitration. The Arbitration Commission will decide whether to accept the arbitration application within 5 working days after receiving it and notify the applicant in writing. If accepted, the award shall be made within 45 days; If the case is complicated and needs to be postponed, the longest time of postponement shall not exceed 15 days after being approved by the director.
    2024-09-26 10:08:00 Number of helpers: 1363
  • There are four steps to deal with labor disputes: consultation, mediation, arbitration and litigation. Consultation means that both parties communicate directly and resolve disputes gently. Mediation is the coordination of professional institutions to reach consensus. Arbitration is a legal procedure. If you are dissatisfied with the first two steps, you can apply. If you have any objection to the arbitration award, you can bring a lawsuit to the court.
    2024-09-26 10:08:00 Number of helpers: 1436
  • If the unit fails to pay social security according to law, you can protect your rights and interests by applying for labor arbitration. Evidence such as labor contract and wage bill shall be prepared to prove the existence of labor relationship. In China, arbitration institutions usually accept the case in a timely manner and conduct mediation or hearing according to relevant laws and regulations. Once it is confirmed that the unit has violated the law, the arbitration institution will rule the unit to make up the social insurance.
    2024-09-26 10:06:00 Number of helpers: 1147
  • Drunken driving is a crime of dangerous driving, which may result in criminal detention and leave the case behind. According to Article 133 of the Criminal Law, drunk driving, chasing racing, overloading and speeding, illegal transportation of dangerous chemicals and other acts will be subject to criminal detention and fines. The duration of detention is 1 to 6 months, and the end of the case will have a negative impact on the future work and life of individuals.
    2024-09-26 11:50:00 Number of helpers: 1749
  • The time from detention of drunk drivers to trial will be affected by many factors, and the specific time is uncertain. Generally speaking, if the situation is simple, the case can be closed in a few months, and if it is complicated, it may take a long time. Generally, the public security investigation will not exceed two months, the procuratorate's review and prosecution will not exceed one month, and complex cases can be extended for 15 days. The court usually pronounces the judgment within two months, and the longest is three months. With the approval of higher authorities, death penalty, incidental civil action and other cases may be extended for three months.
    2024-09-26 11:42:00 Number of helpers: 1958
  • Whether serious injuries caused by driving constitute a traffic accident crime is a question that needs comprehensive consideration. If a driver violates the traffic safety management regulations, such as speeding, drunk driving, unlicensed driving, etc., resulting in a serious injury to one person and assuming major or full responsibility, then he may be convicted of a traffic accident crime. However, if the driver does not violate these regulations, or although he violates the regulations, he bears secondary and equal responsibilities, then he usually does not constitute a traffic accident crime. Therefore, when driving, we must strictly abide by the traffic rules and not risk breaking the law, so as to ensure the safety of ourselves and others.
    2024-09-26 11:38:00 Number of helpers: 1052
  • In the case of dangerous driving crime, if you drink and drive again after obtaining a guarantor pending trial, you will be subject to severe legal sanctions. During this period, it is necessary to strictly comply with the relevant provisions, otherwise it is a violation of the conditions for obtaining a guarantor pending trial, which often leads to the revocation of bail and a heavier punishment. This practice shows extremely high social harm, because obtaining a guarantor pending trial is only for the prevention of awaiting trial, and committing a crime again proves that his danger has not been eliminated.
    2024-09-26 11:30:00 Number of helpers: 1241
  • If the person subjected to execution fails to perform his legal obligations, the court has the right to auction the sealed up or distrained property. For the property that has been sealed up or detained, if the debt is not paid off, the court will start the judicial auction procedure. If the property is not suitable for auction, or both parties agree, the court will entrust relevant departments to sell it openly or covertly.
    2024-09-26 10:14:00 Number of helpers: 1925
  • If your friend doesn't pay back the money, you can go to the court to sue him. You should submit a petition and a copy. If you find it difficult to write a complaint, you can also make an oral complaint. The court will record it and tell both of you. If the court decides that you win the case or the mediation statement comes into effect, but your friend still doesn't pay back the money, you can apply to the court for enforcement. If he doesn't pay back the money all the time, the court will transfer the case to the executors for them to deal with. In short, you can solve the problem of arrears through legal means, which is the most effective way.
    2024-09-26 10:14:00 Number of helpers: 1623
  • If the individual does not pay back the money, the creditor can go to the court to file a civil lawsuit. In the court, the creditor should show evidence to prove the existence of the creditor debtor relationship, such as the loan agreement or the IOU. Creditors should first prove their identity, then ask the debtor to pay back the money, and also explain the facts and reasons of the loan. If the evidence is sufficient and the debtor does not pay back the money, the court will accept the case.
    2024-09-26 10:14:00 Number of helpers: 1422
  • In the face of non payment of arrears, creditors can go to the people's court with jurisdiction to file a lawsuit to recover the arrears through legal means. If the debtor does not pay back the money, the creditor can apply to the basic court for a payment order, so that the court can urge the debtor to pay back the money, which can better protect their legitimate rights and interests.
    2024-09-26 10:14:00 Number of helpers: 1718
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 Zheng Yuanyuan, a lawyer of Qihe County
Hello! I'm Zheng Yuanyuan, a lawyer in Qihe County. If you have legal problems, you can always Consult me