Yili Lawyer

Types of civil acts with undetermined validity:

（1） The acts of both parties (i.e., contractual acts) that can not be independently carried out according to law by persons with limited capacity for civil conduct. Such act is valid if it is subsequently ratified by its legal representative; Otherwise, if the legal representative refuses to ratify, the act is invalid. The effect of such act is to be determined after such act is completed and before the legal representative makes a statement.

（2） Unauthorized agency. A civil act performed by an unauthorized agent in the name of the principal, if subsequently ratified by the principal, shall be effective against the principal; On the contrary, if the principal does not ratify the act, the act shall not have effect on the principal from the beginning. After the act is completed, the effect of the act remains to be determined before the principal makes a statement.

（3） Unauthorized disposal behavior Unauthorized disposal behavior refers to the behavior of disposing other people's goods or rights by the person without the right to dispose and the counterpart. According to Article 51 of the Contract Law of China (abolished from January 1, 2021), when a person without the right to dispose of another person's property disposes of it, the act is effective if the person with the right to dispose of it is ratified by the right holder or the person without the right to dispose obtains the right to dispose of it; If the obligee does not ratify, and the person without the right to dispose has not obtained the right to dispose, the act is invalid. After the act of unauthorized disposition is established, the effect of the act is to be determined before the obligee makes a statement.

（4） The debtor assigns its debt if the creditor's right consent is insufficient. If the assignee is unable to perform the debt, the creditor's interests will be difficult to realize. Therefore, Article 84 of China's Contract Law (repealed from January 1, 2021) stipulates that the debtor shall obtain the consent of the creditor to transfer the debt. If the debtor assigns its debt without the consent of the creditor, the validity of the assignment shall be determined before the creditor makes a statement.

Article 554 of the Civil Code Where the debtor transfers the debt, the new debtor shall assume the subordinated debt related to the main debt, except that the subordinated debt exclusively belongs to the original debtor itself.

Article 555. With the consent of the other party, one party may concurrently assign its rights and obligations under the contract to a third person.

A divorce case is a civil case. After a civil case is filed, it needs to answer, submit evidence, exchange evidence, and then wait for the trial of the court. There are many procedures after the criminal case is filed.

Legal basis: Article 125 of the Civil Procedure Law of the People's Republic of China shall send a copy of the statement of complaint to the defendant within five days from the date of filing the case, and the defendant shall submit a defense within fifteen days from the date of receiving it. The defence shall state the name, sex, age, nationality, occupation, work unit, address and contact information of the defendant; The name and address of a legal person or other organization, and the name, position and contact information of its legal representative or principal person in charge. The people's court shall send a copy of the bill of defense to the plaintiff within five days after receiving it.

For the treatment of work-related injury, first apply for work-related injury identification, then apply for work-related injury grade identification, stop work and pay leave period, and then claim for specific amount.

Compensation for level 10 industrial injury, taking Xinjiang as an example:

1. Medical expenses, inpatient food allowance, transportation expenses, wages for work stoppage and nursing expenses.

2. One time disability subsidy: 7 months' salary, which is paid by the industrial injury insurance fund.

3. If the labor contract expires, or the injured person himself proposes to terminate the labor contract, the industrial injury insurance fund shall pay a one-time medical subsidy for industrial injury. One time medical subsidy: the average monthly salary of the employees in the state and city (prefecture) where the employee lives for 6 months in the previous year, which is paid by the industrial injury insurance fund.

4. If the labor contract expires, or the injured person himself proposes to terminate the labor contract, the industrial injury insurance fund shall pay a one-time disability employment subsidy. One time disability employment subsidy: the average monthly salary of the employees in the state, city (prefecture) where the employee is located for 12 months in the previous year, which is paid by the employer.

In addition, if the unit does not purchase social insurance for workers, all the above compensation shall be borne by the unit; In addition, if the wage standard of social security purchased by the unit for workers is lower than the actual wage, the difference shall be made up by the unit.

Article 264 of the Criminal Law stipulates that whoever steals public or private property in a relatively large amount or repeatedly shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance and shall also, or shall only, be fined; If the amount is huge or if there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years and shall also be fined; If the amount is especially huge or there are other especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined or sentenced to confiscation of property; Whoever falls under any of the following categories shall be sentenced to life imprisonment or death, and shall also be sentenced to confiscation of property:

（1） Stealing a financial institution in a particularly large amount;

（2） Stealing precious cultural relics and the circumstances are serious.