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Lawyer of Yunxi District

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Will you be prosecuted after stopping online gambling for 3 years? What is the basis for sentencing larceny? Who puts forward sentencing suggestions?
  • Do I have to pay money to apply for parole?
    To apply for parole, you only need to meet the conditions prescribed by law, and do not need to pay the application fee or deposit. According to the laws and regulations of our country, conscientiously abide by surveillance, accept education and reform, and show true repentance. After parole, there will be no harm to society. This is the substantive or key condition for the application of parole. If all the above conditions are met, you can apply for parole.
    #Criminal punishment defense Views: 0
  • Can the combined punishment of two crimes be suspended for less than three years?
    If the combined punishment for two crimes is less than 3 years, those who meet the conditions for probation can apply for probation. 1、 At the same time, if the following conditions are met, the sentence may be suspended. For those under the age of 18, pregnant women and people who have reached the age of 75, the sentence shall be suspended: 1. They are criminals sentenced to criminal detention and fixed-term imprisonment of not more than three years; 2. The circumstances of the crime are relatively minor; 3. Show repentance.
    #Criminal punishment defense Views: 0

Reply of Selected Lawyers of Yunxi District

newest NEW marriage and family criminal defense traffic accident Creditor's rights and debts Damages
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July

eleven

Hello, law firm, have you solved the problem you asked
From question: How many days will it take for me to be transferred to the procuratorate after obtaining a guarantor pending trial?
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#Latest Hunan Yueyang

July

fourteen

What is the specific situation? Explain in detail
From question: Could you tell me that a policeman from the police station and the procuratorate came to my home to ask for a meeting with my daughter after the bail and the waiting for trial returned?
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#Latest Hunan Yueyang

July

fifteen

Hello, what's the specific situation
From question: Recommend Yueyang's local professional divorce lawyer?
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#Latest Hunan Yueyang

July

eleven

Hello! How can I help you?
From question: Hello!?
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#Latest Hunan Yueyang

July

thirteen

Hello, what's the specific situation? Can communicate in detail
From question: What should I do when my husband cheats?
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#Marriage and family Hunan Yueyang

July

eleven

After divorce, the woman will not take away the child awarded to her. The man can first communicate with the woman to understand the reasons for not taking away the child and try to negotiate a solution. If the communication fails, the man can report the situation to the court and request the court to urge the woman to perform the judgment obligation. If the woman still refuses to perform, the man can retain relevant evidence and require the woman to bear the responsibility of upbringing again through legal channels, such as applying for compulsory enforcement.
From question: Want to know, what if the woman doesn't take the child awarded to her after divorce?
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#Marriage and family Hunan Yueyang

July

twelve

To determine whether the stepmother has a share in the house, we need to analyze the situation in detail: Situation 1: Grandpa clearly gave the house to his father, and the father obtained it before marriage -If your grandpa clearly transferred the ownership of the house to your father by means of gift, will, etc. after building the house, and this behavior occurred before your father married his stepmother, then the house belongs to your father's personal property before marriage. -When your father dies, he will be dealt with according to statutory succession without a will. According to the provisions of Article 1127 of the Civil Code of the People's Republic of China, inheritance shall be in the following order: spouse, children and parents. Therefore, as your father's spouse, stepmother is the first order heir and has the right to inherit part of the house. -Assuming that the first order inheritors are only you and stepmother, then generally, you and stepmother will inherit half of the house. Situation 2: Grandpa didn't give the house to his father, but the house still belongs to him -If the ownership of the house has been registered in the name of your grandfather and has not been transferred to your father, then the house does not belong to your father's inheritance. -In this case, after your father's death, your stepmother cannot obtain the share of the house on the basis of inheriting your father's estate. Situation 3: Grandpa gave the house to his father, but it was obtained by his father after he married his stepmother -If your grandfather transferred the ownership of the house to your father by means of donation after your father and stepmother got married, and did not clearly indicate that the house was only donated to your father, then according to the relevant provisions of the Marriage and Family Code of the Civil Code, the house may be recognized as the joint property of your father and stepmother during the marriage relationship. -At this time, half of the house belongs to the stepmother, and the other half is your father's inheritance, which will be jointly inherited by you, stepmother and other first order heirs.
From question: My grandfather made a house when I was 4 years old. My father found a stepmother when I was 25 years old. Now my father has died. Does the stepmother have a share in the house?
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#Marriage and family Hunan Yueyang

July

eleven

After divorce, if the child belongs to the wife but the wife does not take it away, it can be solved through the following ways: Negotiate Communication mode -Both parties can sit down calmly and communicate with each other again about the child rearing. Clearly inform the woman of her upbringing responsibilities and obligations, and understand the specific reasons why the woman does not take the child away. For example, the woman may be unable to take care of her children for a short time because of a sudden change in her job. In this case, both parties can negotiate a transitional solution. For example, before the woman's job becomes stable, the child will be taken care of by the man temporarily, and the woman will pay the corresponding alimony. Written agreement -If both parties reach an agreement through consultation, it is better to sign a written agreement to make detailed agreements on the temporary child support arrangements, payment of maintenance fees and other issues. In this way, we can avoid no evidence for disputes in the future. For example, the agreement can specify that the child will be raised by the man in the next three months, the woman will pay 1500 yuan per month for maintenance, and the woman will take the child away three months later. Seek mediation Family mediation -The elders and relatives of both parties can be invited as intermediaries for mediation. They usually have a better understanding of the situation of both sides, and can help both sides resolve conflicts from the perspective of kinship and family. For example, the parents of both parties can persuade the woman to fulfill the obligation of raising a child, but also pacify the man's emotions and promote the solution of the problem. Mediation by community or women's federation -The people's mediation committee or women's federation in the community can also provide mediation services. These organizations have professional mediators who will provide reasonable suggestions and solutions for both parties according to relevant laws and regulations and the actual situation. During the mediation process, they will listen to the demands of both parties and guide them to reach a fair and reasonable agreement. Legal channels Application for enforcement -If the divorce agreement or the divorce judgment of the court clearly stipulates that the child shall be brought up by the woman, and the woman refuses to comply, the man can apply to the court for compulsory enforcement. The court will take corresponding measures according to the specific situation, such as criticizing and educating the woman, and imposing a fine. If the circumstances are serious, the woman may be investigated for criminal responsibility. However, in judicial practice, for the enforcement of custody involving personal nature, the court mainly urges the woman to perform her obligations through persuasion and education. Change of custody -If the woman does not take the child away for a long time, and this situation is not conducive to the growth of the child, the man can bring a lawsuit to the court to change the custody right. In the process of litigation, the man needs to provide evidence to prove that the woman does not fulfill the obligation of upbringing, and that the child is more conducive to their growth if they are raised by themselves. For example, the man can provide evidence that the woman does not pay alimony and does not care about children's life and study. The court will make a decision on whether to change the custody right according to the actual situation of both parties and the wishes of the child (if the child reaches a certain age).
From question: What if the children belonging to the wife do not take away after divorce?
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#Marriage and family Hunan Yueyang

July

fourteen

What is the specific situation? Explain in detail
From question: Could you tell me that a policeman from the police station and the procuratorate came to my home to ask for a meeting with my daughter after the bail and the waiting for trial returned?
View all replies>>
#Criminal defence Hunan Yueyang

July

eleven

Hello, law firm, have you solved the problem you asked
From question: How many days will it take for me to be transferred to the procuratorate after obtaining a guarantor pending trial?
View all replies>>
#Criminal defence Hunan Yueyang

July

fifteen

Hello, you can talk about the general situation of the case. Let me help you sort it out and give you a general plan first
From question: Want to know how to judge online fraud now?
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#Criminal defence Hunan Yueyang

July

fifteen

Don't worry, let's deal with it step by step. First of all, you should try to calmly sort out the details of the matter, which is very important for subsequent processing. The following are the specific steps: Retention of evidence Evidence is the key to recover losses and investigate the responsibility of fraudsters. You should collect all kinds of evidence related to fraud as much as possible: 1. Communication records: including chat records and call records with fraudsters. If you communicate through social software, you should save the chat page completely, and do not delete information at will; Call records can be queried and printed in the official APP or business hall of the mobile phone operator. 2. Transaction voucher: if money transactions are involved, transfer records and payment vouchers should be kept. These records can be found in the bills of payment platforms (such as Tencent and Alipay), or the transaction flow can be obtained from the bank. 3. Other relevant evidence: such as documents, links, advertising information, etc. sent by fraudsters, may become important clues. Alarm as soon as possible Reporting to the public security organ is an important way to recover losses. You need: 1. Select the reporting location: you can report to the local police station or criminal police team. 2. Prepare the report materials: bring the evidence you collected and the ID card and other valid documents. 3. Describe the case in detail: when reporting the case, clearly and accurately explain the time, place, method, amount and other information of the fraud to the police. Try to provide the characteristics of the fraudster, such as name, contact information, appearance characteristics, etc. The more detailed the better. Seek help from the bank If bank card transfer is involved, you can contact the bank: 1. Try to stop payment: call the customer service phone of the bank as soon as possible, tell the bank that your account has been transferred through fraud, request the bank to help stop payment, and may freeze the other party's account to prevent further loss of funds. 2. Cooperation in investigation: provide relevant supporting materials and cooperate with the bank in investigation according to the requirements of the bank. Pay attention to the progress of the case After reporting the case, you can ask the police about the acceptance of the case and regularly inquire about the progress of the case. At the same time, keep the phone open so that the police can contact you in time when they have new clues or need you to provide further information. Improve awareness of prevention This experience is a lesson. In the future, we should improve our awareness of prevention and avoid encountering fraud again. For example, don't trust strangers' promises, don't disclose personal information and bank card information at will, and carefully click on unknown links. If you can tell me the details of the fraud, such as how it was cheated and how much money was involved, I can provide you with more targeted suggestions.
From question: I was cheated. What should I do now?
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#Criminal defence Hunan Yueyang

July

twelve

The size of responsibility in traffic accidents can refer to the division of responsibility in the identification of traffic accidents.
From question: What is the division of responsibility for the traffic accident between the electric vehicle going backward and the small vehicle merging into the main road from the branch road?
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#Traffic accident Hunan Yueyang

July

fourteen

Hello! Article 95 of the Road Traffic Safety Law of the People's Republic of China: If a motor vehicle running on the road does not hang a motor vehicle number plate, place an inspection conformity sign or insurance sign, or carry a driving license or driver's license with the vehicle, the traffic management department of the public security organ shall detain the motor vehicle, notify the party concerned to provide the corresponding license plate or sign, or go through the corresponding formalities, They may also be punished in accordance with the provisions of Article 90 of this Law. If the party concerned provides the corresponding license plate, sign or completes the corresponding formalities, the motor vehicle shall be returned in a timely manner.
From question: It's just that the car didn't buy compulsory traffic insurance, and there was a traffic accident on the road. Traffic accidents are not handled completely. Can I take the car out of the traffic police team after I have paid the insurance?
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#Traffic accident Hunan Yueyang

July

fourteen

According to the situation you described, this involves the legal issue that the gold collateral is redeemed by a third party. From the legal point of view, this situation needs to focus on the following key points: first, you need to confirm the specific terms of the mortgage contract between you and the mortgage bank, especially the agreement on the right of redemption. If the contract clearly stipulates that only you, as the mortgagor, have the right to redeem, the unauthorized redemption by a third party may constitute a breach of contract. Secondly, it is necessary to verify the legitimacy of third-party redemption. According to the relevant provisions of the Civil Code, unless expressly authorized by you or in compliance with legal conditions, a third party has no right to dispose of your collateral without authorization. It is recommended that you immediately ask the mortgage bank for the redemption voucher to know whether the specific process and procedures of redemption are legal. Third, if the redemption is confirmed without your consent, you can consider the following ways to protect your rights: 1) require the mortgage bank to bear the liability for breach of contract; 2) Claim the return of collateral or compensation for losses from a third party; 3) If you are suspected of a criminal offence, you can call the police. It is recommended that you collect the following evidence as soon as possible: original mortgage contract, redemption certificate, transaction records with the mortgage bank, etc. If the amount is large or the situation is complex, it is recommended to entrust professional lawyers to intervene. If necessary, I can help you further analyze the specific case.
From question: The gold was mortgaged, but was redeemed from the mortgage bank by another principal?
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#Creditor's rights and debts Hunan Yueyang

July

fifteen

The following is your analysis of the other party's claim for interest calculation: Whether interest is stipulated in the debit note Agreed interest -If you explicitly agreed on the calculation method and interest rate of interest in the IOU or loan agreement at the beginning, it will generally be handled according to the agreement. However, according to the law, the interest rate of the loan shall not violate the provisions of the state on limiting the interest rate of the loan. For cases accepted after August 20, 2020, the upper limit of judicial protection of private lending interest rate is four times the quoted interest rate of one-year loan market when the contract is established. -If you have already paid almost, but have not specified whether to repay the principal or interest, according to the general trading habits and legal provisions, you will usually offset the interest first and then the principal. Unspecified interest -According to the provisions of the Civil Code, if there is no agreement or unclear agreement on the payment of interest in the loan contract between natural persons, it is deemed that there is no interest. Therefore, if there is no interest agreement between you, the other party's request for interest calculation may not be supported by the court. However, if the loan contract is a loan contract between a natural person and a legal person or an unincorporated organization, and the parties have no clear agreement on the loan interest, and the lender claims the interest, the people's court shall determine the interest based on the content of the private loan contract and the local or parties' trading methods, trading habits, market quoted interest rates and other factors. Limitation of action The loan from 2003 to 2004 may involve the limitation of action. Generally, the limitation period of action for requesting the people's court to protect civil rights is three years. If the other party has not claimed any rights against you within three years after the expiration of the repayment period, and there is no interruption or suspension of the limitation of action, you can raise a defense against the limitation of action. Once the court determines that the limitation of action has passed, the other party will lose the right to win the lawsuit. However, the limitation of action may be interrupted if: -If the other party has claimed rights to you during the limitation period, such as requiring you to repay money through written letters, SMS, Tencent, etc., then the limitation period will be recalculated from the date of claim. -If you have made partial repayment during the limitation period, it may also be deemed as the interruption of the limitation period. proposal Collect evidence: you need to collect relevant evidence of borrowing and repayment at that time, such as IOUs, transfer records, repayment vouchers, chat records, etc. These evidence can prove important facts such as the amount of borrowing, repayment and whether interest has been agreed. Actively respond to litigation: if the other party has already filed a lawsuit, you need to submit a statement of defense within the specified time and attend the court hearing on time. During the trial, you should clearly state your views and reasons, and provide corresponding evidence support. If you are not familiar with the legal procedures, you can also consider appointing a lawyer to represent you in litigation.
From question: I borrowed 100000 yuan from others in 2003 and 2004, but it was almost enough in 2000. Now sue me to calculate the interest?
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#Creditor's rights and debts Hunan Yueyang

July

fifteen

If there is no agreed interest for lending money to others, whether the interest can be calculated depends on different situations: During the loan period According to the second paragraph of Article 680 of the Civil Code of the People's Republic of China, if the loan contract does not stipulate the payment of interest, it is deemed that there is no interest. Therefore, if the two parties did not agree on the interest when borrowing, the lender's claim for the interest during the loan period would not normally be supported by the court. Overdue repayment Even if no interest is agreed upon at the time of borrowing, if the borrower fails to repay the loan within the agreed time limit, the lender may claim the overdue interest. The details are as follows: Agreed overdue interest: if the borrower and the borrower agree on the overdue interest rate, the lender may require the borrower to pay overdue interest as agreed, provided that the interest rate does not exceed four times the one-year loan market quoted interest rate when the contract is established. Unspecified overdue interest rate -If neither the interest rate within the borrowing period nor the overdue interest rate has been agreed, the lender may claim that the borrower shall bear the liability for breach of contract for overdue repayment from the date of overdue repayment with reference to the interest rate standard of one-year loan market quotation at that time. -If the interest rate within the borrowing period is agreed but the overdue interest rate is not agreed, the lender may claim that the borrower shall pay the interest during the period of fund occupation at the interest rate within the borrowing period from the date of overdue repayment. Loans other than loans between natural persons For a loan contract between non natural persons, if the parties are unclear about the loan interest and the lender claims the interest, the people's court shall determine the interest based on the content of the private loan contract and the local or parties' trading methods, trading habits, market quoted interest rates and other factors.
From question: Can interest be calculated when lending money to others without interest?
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#Creditor's rights and debts Hunan Yueyang

July

fifteen

It is necessary to judge whether the court can apply to calculate the interest according to different situations: No interest agreed in the debit note Loans between natural persons: according to the second paragraph of Article 680 of the Civil Code of the People's Republic of China, loans between natural persons are deemed to have no interest. Therefore, if both the lender and the borrower are natural persons and there is no agreement on interest in the IOU, no interest can be claimed during the loan period. -However, if the borrower fails to repay the loan within the agreed period, the lender may claim the interest during the period of fund occupation from the date of overdue repayment. According to the relevant judicial interpretation, the lender can calculate the interest on overdue repayment by referring to the then one-year loan market quotation rate standard. Borrowings where one party is not a natural person: if one of the borrowers and lenders is not a natural person and the lender claims to pay the interest when there is no agreement on the interest in the loan slip, the people's court shall determine the interest based on the content of the private lending contract and the local or parties' trading methods, trading habits, market quoted interest rates and other factors. Intra term interest is stipulated in the debit note, but overdue interest is not stipulated -If the borrower fails to repay the loan on time when the loan term interest is specified in the loan terms, the lender may claim to pay the interest during the period of fund occupation at the interest rate within the loan term from the date of overdue repayment. The calculation method of overdue interest is stipulated in the debit note The lender may claim the interest from the date of overdue repayment to the court in accordance with the overdue interest calculation method agreed in the IOU, but it should be noted that the agreed overdue interest rate shall not exceed four times the one-year loan market quotation rate when the contract is established, and the court will generally not support the overdue interest rate. To sum up, you can claim the corresponding interest from the court according to the specific agreement of the IOU. At the same time, you should pay attention to bringing a lawsuit within the limitation of action to avoid losing the right to win the lawsuit due to exceeding the limitation of action.
From question: There is a receipt for lending money to others, but no interest is used. Can you apply to the court for interest calculation after a long time?
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#Creditor's rights and debts Hunan Yueyang

July

sixteen

Whether the money can be returned after the beauty salon goes bankrupt depends on the situation: Conditions of refundable funds 1. Unserviced part of prepaid consumption In the beauty salon, the prepaid card was used for consumption. For example, 5000 yuan was recharged, only 1000 yuan was consumed, and the service corresponding to the remaining 4000 yuan has not been enjoyed. According to Article 577 of the Civil Code of the People's Republic of China, if a party fails to perform its contractual obligations or fails to perform its contractual obligations in accordance with the agreement, it shall be liable for breach of contract by continuing to perform, taking remedial measures or compensating for losses. The closure of the beauty salon has resulted in the inability to continue to provide services to consumers, which constitutes a breach of contract, and consumers have the right to request the refund of the amount of money not consumed. 2. Fraud If the beauty salon has fraudulent behaviors in the business process, such as false publicity of beauty effects, using low-quality products but claiming to be high-end imported products, etc. According to Article 55 of the Law of the People's Republic of China on the Protection of the Rights and Interests of Consumers, if a business operator commits fraud in providing goods or services, it shall, at the request of consumers, increase the compensation for the losses it has suffered, and the amount of the increased compensation shall be three times the price of the goods purchased or the cost of the services received by consumers; If the amount of additional compensation is less than 500 yuan, it is 500 yuan. In this case, the consumer can not only request to return the paid amount, but also may obtain additional compensation. It may be difficult to return money 1. The assets of the beauty salon are not enough to pay off the debts If the beauty salon closes down because of poor operation and insolvency, its remaining assets may not have enough funds to return the advance payment of consumers after paying the employees' wages, suppliers' payment for goods, site rent and other debts. At this time, consumers may only get a partial refund in proportion, or even may not get a refund. 2. Lack of effective evidence If consumers cannot provide valid evidence such as consumption contract and payment voucher with the beauty salon to prove that they have not spent money in the beauty salon or the beauty salon has breached the contract or committed fraud, they will face difficulties in claiming a refund. Because there is no evidence, it is difficult to determine the rights and obligations of both parties and the amount of consumption and other key information. If the beauty salon goes out of business and wants to refund, the consumer can negotiate with the head of the beauty salon about the refund. If the negotiation fails, you can complain to the consumer association, the market supervision and administration department and other relevant institutions, or you can protect your legitimate rights and interests by filing a lawsuit to the people's court.
From question: Can the money be returned after the beauty salon goes bankrupt?
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Legal Articles

marriage and family criminal defense Labor disputes traffic accident Creditor's rights and debts
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  • Whether the wife can sue to the court for adultery
    The wife's infidelity seriously violates the obligation of marital loyalty, causing mental damage to the other party. According to the law, the innocent party has the right to claim damages. After the lawsuit is brought to the court, the court will judge according to the specific situation, and provide the derailment chat records, photos, witness testimony and other evidence. In the trial, various factors such as the duration of marriage will be considered. If it is determined that the derailed party has made a claim, the court will judge the wife to give some economic compensation, and the innocent party can protect its rights through law.
    2025-07-16 08:50:01 Number of helpers: 1839
  • Is it necessary for the wife to have children after divorce
    When a woman is facing divorce, she should consider whether to bring children. Their own will and ability are the key, and they need to have clear ideas and support conditions, including economy, residence, time and energy. When children reach the age of eight, their wishes have important reference value. If the man has adverse factors such as excessive drinking, gambling, violent tendency or economic instability, it is more advantageous for the woman to strive for custody. At the same time, the woman should consider the impact on her future life and make a prudent decision after weighing the advantages and disadvantages.
    2025-07-16 08:50:01 Number of helpers: 1227
  • Should Junior Pay Compensation for Destroying Marriage and Family
    Generally, the "junior" destroys the marriage and family, and the innocent party cannot directly claim compensation. Because in the marriage relationship, the husband and wife bear the duty of loyalty to each other, and the "junior" is not the subject of marriage, the law does not specify their liability for compensation. However, if the "junior" infringes on the joint property of the husband and wife, no fault can be brought to confirm the invalidity of the property disposal and recover the property. If the "mistress" and the fault party openly live in the name of husband and wife, they may also be suspected of bigamy and be investigated for criminal responsibility.
    2025-07-16 08:50:01 Number of helpers: 1948
  • How to recover the mistress's property after divorce
    To recover the property of a mistress in a divorce case, the nature of property transactions should be clarified first. If it is a gift, it is difficult to recover it after transfer, unless it is proved that there is fraud, coercion, etc., it can be revoked. For loans, it is necessary to provide sufficient evidence such as debit notes and transfer records to prove the lending relationship and request repayment. In addition, attention should be paid to the limitation of action. Generally, the loan dispute lasts for three years, and the property may not be recovered after the limitation. In short, sufficient evidence, legal basis and attention should be paid to the limitation provisions.
    2025-07-16 08:50:01 Number of helpers: 1500
  • What are the requirements for the registration of bigamy
    The subject of bigamy crime is usually ordinary people, including those who have spouses and those who still marry with knowing that others have spouses. In behavior, a person with a spouse remarries or knowingly marries another person with a spouse. "Marriage" includes legal marriage and living together in the name of husband and wife. Subjectively, it is necessary to know that a spouse still intentionally remarries. If A has a marriage relationship and is registered to marry B or lives in the name of husband and wife, it may constitute a crime of bigamy. Merely cohabitation without living in the name of husband and wife is generally not counted, and the determination of bigamy crime should be considered comprehensively.
    2025-07-16 08:10:01 Number of helpers: 1652
  • How much should I pay for insurance
    The amount of the bond for obtaining a guarantor pending trial shall be determined by the case handling authority according to the case. The law does not specify the specific amount, which usually starts at 1000 yuan. Economic and other crimes can be defined as one to three times of the involved cases or property losses, and the deposit for other criminal crimes is between 2000 yuan and 50000 yuan. It shall be paid in RMB and returned after the suspect has not violated the rules. The amount of deposit varies from region to region and case to case.
    2025-07-16 08:10:00 Number of helpers: 1158
  • How to judge the infidelity in marriage as bigamy
    The crime of bigamy is determined to be conditional. If a spouse marries another person or knowingly marries another person with a spouse, it constitutes bigamy. The registration of marriage between the derailed party and a third party is considered bigamy, and the de facto marriage that is not registered but lives together in the name of husband and wife may also be recognized. Mere infidelity is not bigamy. To investigate bigamy, it is necessary to collect witness testimony, evidence of living together, etc., and file a criminal private prosecution to the court.
    2025-07-16 08:10:00 Number of helpers: 1167
  • How long will the guaranteed deposit be returned
    The security deposit shall be returned in time after the completion of bail pending trial, which is a regulation and concerns the rights and interests of suspects. During the period of obtaining insurance, suspects and defendants shall comply with the regulations, such as not running around without approval, and timely reporting of information changes. After that, go to the bank to get it with the cancellation notice or legal document. The formalities can be obtained quickly if they are smooth. If the enforcement authority delays, the suspect and his close relatives can appeal for rights protection.
    2025-07-16 08:10:00 Number of helpers: 1764
  • How to calculate compensation for termination of labor contract
    Compensation for termination of labor contract is calculated in various situations. Negotiate the cancellation (proposed by the employer), calculate the economic compensation according to the working years, and pay the salary of one month for every full year; The employer needs to pay twice the economic compensation standard for illegal termination; The payment standard for the legal termination of the laborer (the employer has legal circumstances) is the same as the situation proposed by the employer in the negotiation of termination. The "monthly salary" is clearly defined and has special payment standards. If it is higher than three times of the average monthly salary of employees in the region last year, there are corresponding regulations. If you have any questions, please consult professional legal personnel.
    2025-07-16 08:40:02 Number of helpers: 1968
  • How to get compensation in labor arbitration
    To obtain compensation through labor arbitration, the following steps should be followed: confirming the arbitration prescription, preparing evidence materials, submitting written applications, attending court hearings, waiting for adjudication, etc. The time limit for arbitration is one year, and the evidence material is very important. After submitting the application, participate in the court hearing, sue if not satisfied with the ruling, and apply for compulsory execution if the unit fails to perform after the ruling is upheld. In case of confusion, you can consult with professional legal personnel to safeguard your legitimate rights and interests to the greatest extent.
    2025-07-16 08:40:02 Number of helpers: 1476
  • Should interest be paid for salary arrears
    Generally, there is no need to pay interest for salary arrears, but compensation should be paid. If both parties reach a payment agreement, the employer can claim overdue interest for overdue payment. The Labor Contract Law stipulates that if the employer fails to pay the salary in full and on time, the labor department shall order it to pay within a time limit, and if it fails to pay within the time limit, it shall pay additional compensation. In case of overdue payment after the agreement is reached, the overdue interest can be claimed by referring to the private lending regulations. Labourers should collect evidence when encountering such problems. If they have doubts, they can consult professionals for specific analysis.
    2025-07-16 08:40:02 Number of helpers: 1347
  • How to sue for compensation after cancellation of company after labor arbitration
    After the labor arbitration, if the company is cancelled and the liquidation is not completed, the shareholder can be sued to the court. If the employee's rights and interests are damaged due to his failure to perform the liquidation obligation, compensation should be made. Workers should prepare evidence such as labor arbitration award in advance, clarify the company's cancellation and shareholder information, and sue to the court with jurisdiction to require shareholders to bear the responsibility. In the lawsuit, the cancellation of the company, the fact that the shareholders failed to perform their liquidation obligations and the losses of workers were explained, and the court upheld the rights and interests of workers according to the actual trial judgment.
    2025-07-16 08:40:02 Number of helpers: 1164
  • How to compensate the doctor for the driver's escape after hitting someone
    After the driver hit and escaped, the liability for compensation cannot be evaded. The compensation includes medical fees, missed work fees and other costs, resulting in disability and disability compensation. The compensation shall be paid by compulsory traffic insurance within the limit first. If there is commercial insurance for the insufficient part, it shall be compensated according to the contract. If there is no commercial insurance or it is still insufficient, the driver shall pay for it from his own pocket. The injured should keep good evidence. If they can't talk about compensation, they can sue the court to safeguard their rights, and the court will determine the liability for compensation according to law.
    2025-07-16 08:35:01 Number of helpers: 1347
  • What kind of compensation can be claimed for the full responsibility of the person who is hit
    This content lists a variety of compensation items, including medical expenses (including registration fees, etc.), lost time expenses (income from lost time due to injury, and loss of work certificate is required), nursing expenses (determined according to the situation of nursing staff), transportation expenses (reasonable expenses for medical treatment and accident handling), inpatient food allowance, nutrition expenses (according to the injury), disability compensation (calculated according to the level of disability) Fees for disability aids and mental damages (claims can be made for mental damages). It is emphasized that the amount of compensation shall be calculated according to the specific circumstances, and relevant evidence such as medical bills shall be kept for the purpose of safeguarding rights.
    2025-07-16 08:30:03 Number of helpers: 1729
  • I don't know if hitting someone is hit and run
    Hit and run is an act of escaping from legal investigation after a traffic accident. To judge whether leaving after hitting someone is a hit and run, the key is whether the subject evades responsibility. Running away with the knowledge of an accident in order to avoid responsibility constitutes hit and run, while not knowing it is usually not counted. Whether the information is known or not should be judged by the combination of such evidence as tachograph, monitoring, witness testimony, etc. When suspected, the party concerned can provide evidence to prove that it is really unknown.
    2025-07-16 08:30:02 Number of helpers: 1582
  • Drunken driving 244 without a third party
    Drunken driving belongs to the crime of dangerous driving. The criminal case has gone through three stages: investigation by the public security organ, review and prosecution by the procuratorate, and trial by the court. The public security organ will hand over the investigation to the procuratorate about 2-3 months later, and the procuratorate will review the prosecution for one month generally, and the investigation will be extended if it is seriously complicated or returned for supplementary investigation. At the court trial stage, the summary procedure will be concluded within 20 days, and the sentence may be extended to one and a half months if it is more than three years. The sentence will be pronounced within two months after the acceptance of the ordinary procedure, at the latest three months. The time of the drunk driving judgment is difficult to predict due to various factors, but this range can be referred to.
    2025-07-16 08:30:02 Number of helpers: 1570
  • How can the debtor get the money back when he is unable to repay it
    If the debtor is unable to repay the debt, you can try to recover it by first communicating with the debtor to reach an installment agreement. If there is a guarantor, he/she shall be required to bear the guarantee liability. If the communication fails, take the legal way to collect evidence such as IOUs for prosecution. After winning the lawsuit, the other party fails to perform, applies for compulsory execution, and the court inquires and disposes of its property. If the debtor is found to transfer property maliciously, the court can be requested to revoke the act to protect its own creditor's rights.
    2025-07-16 08:40:02 Number of helpers: 1312
  • How much does it cost to sue for IOUs
    The cost of filing a complaint against the IOU includes legal fees and possible attorney fees. The legal fees shall be charged according to the proportion of the amount of litigation claims, 50 yuan for each case below 10000 yuan, and the excess shall be paid according to different proportions, which shall be advanced by the plaintiff and borne by the losing party. Lawyer fees are not necessarily generated. Their fees vary depending on the complexity of the case, the lawyer's experience, the region and other factors. Simple cases may have fixed fees, complex cases may be charged according to the proportion of the subject amount, and some regions have guidance prices, which can be negotiated with the law firm. It is necessary to calculate the amount of arrears and estimate the cost before filing a lawsuit.
    2025-07-16 08:40:01 Number of helpers: 1182
  • What should I do if my boyfriend cheats and doesn't pay back the money he borrowed
    If the boyfriend doesn't repay the borrowed money, he can negotiate first, ask for repayment and keep relevant records. If the negotiation fails, evidence such as debit notes and transfer records will be collected for prosecution, and the complaint and evidence will be submitted to the court with jurisdiction in case of private lending disputes. After the court accepts the case, the court will hold a hearing. If the court wins the case, it can apply for compulsory execution with the effective judgment. While derailment belongs to the moral category, the law usually does not directly intervene, and these ways can solve the problem of non repayment of borrowed money to realize creditor's rights.
    2025-07-16 08:40:01 Number of helpers: 1644
  • How risky is it to repay debts with other people's property
    There are many legal risks in paying debts with other people's property. Unauthorized repayment of debts without consent constitutes an unauthorized disposition, and the property owner has the right to demand return. If the return cannot be made, the user is responsible. If the third person obtains the debt in good faith, the original owner claims against the unauthorized disposition person. If it constitutes a crime of embezzlement, it will face criminal punishment. If it illegally takes possession of the property and refuses to return it in a large amount, it shall be sentenced to fixed-term imprisonment of not more than two years. Therefore, do not use other people's property to repay debts without authorization, or you may be liable.
    2025-07-16 08:35:01 Number of helpers: 1178
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