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Hello. 1. You don't have to worry, as long as you use legal channels to solve your problem.
2. Your family's land can continue to be used, because the rural land is owned by the village collective, and the village collective contracts the land to your family. The fact that he didn't get the land is also related to the village, not to your family.
3. If you really want to solve the problem, you can go to your law firm to find a lawyer, and he will help you do the following: a, you said that two people saw that he had damaged your family's property, and you and the lawyer went to them to find a way to get written evidence, that is, the lawyer's record, and then find a way to get them to sign, it doesn't matter if they don't sign, you call two people to go with you, as long as the two people hear the fact that the two people say it, this is the evidence.
3. Then negotiate with him, and say that he will not let him compensate this time, and I hope that this will not be the case in the future, and if he is unwilling, he will sue him with evidence.
4. Now the public security and other organs are unwilling to help you people do things because they take advantage of many people who do not understand the law. If you ask a lawyer to go to the village cadres and the public security organs together, they will be psychologically stressed, because the law stipulates that ** inaction is to be held responsible.
5. No matter how bad a person is, he has feelings, and if you suggest to that person how to get his own land by the way, he may want to open up a little.
6. Save the evidence you reported and reflected through audio recordings. When necessary, an administrative lawsuit may be filed.
Since your problem involves many issues that cannot be solved by law, I can only advise you so much. Hope your family's problems are solved as soon as possible. Hope mine is helpful to you.
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First of all, whether A's act violates the property rights of others and whether it constitutes a crime depends on whether the specific amount of damage meets the statutory standard. This standard varies from place to place, and if it is a rural area, I think 1,000-3,000 yuan should be able to constitute it. If this standard is not met, they should also be punished for violating the Law on Public Security Administration Punishments, and should be given warnings, fines or administrative detention, and if losses are caused, the victims shall be compensated for the losses.
Second, the public security organ, as an investigative organ, exercises investigative power in accordance with the law, and its authority cannot be exercised by others on its behalf, that is, you can go to the public security bureau to report the case, and in this case, the conditions for filing a case must be met, the public security bureau should file the case and exercise the investigative power, and the evidence of A's illegal acts should and must be exercised by the public security organ with investigative authority, and the parties cannot be required to exercise it. If the public security organ does not exercise its investigative power after filing a case or does not accept the case at all, the party concerned may file an administrative reconsideration with the administrative organ at a higher level for administrative inaction, requesting the public security organ to perform its duties, or directly file an administrative lawsuit with the court.
Hope it helps.
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You have to find the police station to file a case for investigation, but if the small loss is less than 2,000 yuan, you generally do not file a case, so you have to think about the evidence and then find the police station. If there is evidence, then he has committed the crime of infringing on the property of others, and the specific verdict depends on the circumstances. The police station and the township secretary are not evading responsibility, and the law focuses on evidence.
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In the first question, I think we should answer A, indirect intentionality, which is the mental attitude of knowing that one's behavior may have a result that is harmful to society, and allowing such a result to occur. In the second question, I think we should answer A, the provision of "no holidays" violates the labor law, and the contract clause that violates the law is invalid.
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1. I didn't learn civil law very well. However, I personally believe that the key to civil law is to distinguish between different concepts, as well as the elements of different concepts. In case of unjust enrichment:
1) There is no legal reason + one party gains + causes damage to the other party + there is a causal relationship between the gain and the damage. (2) Types of unjust enrichment: two ......(3) Consequences of non-profiteering:
Return (what to return). (4) Forced enrichment: how to deal with it.
2. It can only be said that you can memorize more and memorize more, and you can reflect what knowledge points are tested when you have more questions.
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Register for a class of all countries and follow the review, the questions in the past two years are not too difficult, it is relatively easy, hurry up and review.
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The key lies in the responsibility determination made by the traffic police brigade. The final compensation is determined in accordance with the determination of liability.
According to you, it is very unlikely that you will be fully or completely responsible, so it is very likely that you will end up with half or no responsibility. If the responsibility is divided equally, you will bear half of the other party's medical expenses, nursing expenses, lost work expenses, etc., and of course, the other party will also have to bear half of your expenses.
So the most important thing for you now is to keep an eye on the traffic police brigade to see if their responsibility determination has been made. And under normal circumstances, the traffic police brigade will help you do basic mediation work.
Filing a lawsuit in court is also based on a determination of responsibility.
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Take a look at Articles 131 and 132 of the General Principles of the Civil Code.
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The main thing is to look at the evidence, it is useless to talk nonsense here, it can only be said that it cannot be completely defeated, both sides are responsible, and all you can win is to ask for more money.
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It has to do with the resources invested by both sides.
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If you are all at fault, it depends on how your fault is, and this letter of responsibility will show that according to the principle of fair responsibility, you will be allocated the amount of compensation according to the degree of your fault.
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The amount of priority compensation for Wang is 2.1 million.
Reason: Wang's repaid amount is the actual sale of the collateral.
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During the mortgage period, the mortgagor shall not transfer the mortgaged property without the consent of the mortgagee, except for the transferee to pay off the debts on behalf of the mortgagee and extinguish the mortgage. During the mortgage period, if the mortgagor transfers the mortgaged property with the consent of the mortgagee, the proceeds of the transfer shall pay off the debts or deposit the proceeds to the mortgagee in advance.
Where the price of the collateral is discounted, auctioned, or sold at a price lower than the agreed value of the mortgage, it shall be repaid according to the value realized by the collateral.
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2.1 million. Based on the principle of property rights to break the creditor's rights.
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