Proficient in law help me question 15

I don't know if you're talking about one case or two, so let's briefly tell you about it.

Let's talk about theft first: Although your ex-girlfriend caused you to spend a lot of money and ended up with no result, since you gave the thing to the other party, the ownership will change to the other party after the gift. At this time, for whatever reason, taking someone else's property in a secret way is strictly speaking, it is theft, and if it is finally confirmed that the value of these property exceeds 1,000 yuan (the amount varies from place to place), it constitutes the "crime of theft", and it is possible to sentence it to fixed-term imprisonment of not more than three years or criminal detention.

Let's talk about the case record: All people who have been detained (including criminal detention and public security detention) will leave a record in the public security system, this record is not a criminal record (because whether a crime is committed must be determined by a court trial), and it is only used as an internal public security organ, and in principle, it cannot be disclosed to the society, nor will it have any substantial impact on your life. It's easy to put this record in, but it's hard to wash it off, and if you don't get it right, it's more noticed.

Finally, motive: anger is not a statutory circumstance that can be mitigated or mitigated, in fact, a considerable number of criminal acts are angered and vindictive. The law only recognizes acts committed during a juvenile or psychotic episode as a basis for mitigation, even intoxication.

Isn't your theft stealing money from your girlfriend's house? As long as the verdict is not received, it means that there is no **, and it is further stated that it does not constitute a crime and that no punishment has been imposed.

The ** you are talking about is in the internal network of the public security, and you can't see it from the outside.

There will be no impact on the future, as the outside world will have access to the individual's criminal information. If someone other than the police knows the details of your past, it can only mean that the other party used abnormal means.

1. (1) For emergency avoidance, Sun is not liable, and the person who caused the danger should be held responsible.

2) According to Article 83 of the Tort Liability Law.

Where an animal causes damage to others due to the fault of a third party, the infringed party may request compensation from the animal keeper or manager, and may also request compensation from the third party. After the animal keeper or manager makes compensation, he or she has the right to recover compensation from a third party.

Therefore, the owner of the jade can claim compensation from the owner of the sow, or he can ask for compensation from the third party who is at fault to find Zhao and Qian.

3) The acts of the two persons are joint infringement and they shall be jointly and severally liable. The reason is that Article 8 of the Tort Liability Law Where two or more persons jointly commit tortious acts and cause damage to others, they shall be jointly and severally liable. Article 9: Those who instigate or assist others in committing infringing acts shall bear joint and several liability with the perpetrators.

4) If Qian is 8 years old, part of the responsibility that should have been borne by Qian has been replaced by his guardian. Even if Sun can claim responsibility from Zhao and Qian's guardians, he can also claim responsibility from the owner of the sow. It is also possible to ask the guardians of Zhao and Qian, and the director of the mother to ask for responsibility.

5) If Qian's beating of the pig with a wooden stick is carried out because the sow chases and bites it, it constitutes an emergency avoidance, and the owner of the sow should be held responsible.

2. Answer: 1) The legal heir of this case is Liu Jia; The subrogated heir is Ma Yuhua; The donees include Uncle Zhang and Uncle Zhao; Liu Yi was revoked by the will and was not the heir; Liu Bing died before the decedent and is not an heir.

2) Liu San's will should be treated as follows:

Liu Yi was unable to inherit the estate because his inheritance rights were cancelled by the will.

Uncle Zhang can get 1 relict house and 10,000 yuan in cash according to the will.

Liu Bingyi could have shared 3 rooms and 30,000 yuan in cash according to her will, but she died before the decedent, so the estate designated for her in the will was transferred to legal inheritance and inherited by Liu San's legal heirs.

Uncle Zhao died before the decedent as the donee, and according to the provisions of the inheritance law, Uncle Zhao's legal heirs cannot inherit the estate of the legatee. (3) In addition to the 1 relict house and 10,000 cash inherited by Uncle Zhang, the remaining 16 relict houses and 110,000 cash should be divided equally by Liu Jia and Ma Yuhua (subrogation).

It should be compensated. Labor Contract Law, Article 47 "Economic compensation shall be paid to the employee at the rate of one month's salary for each full year of service in the employer. where it is more than six months but less than one year, it is calculated as one year; If it is less than six months, the worker shall be paid half a month's salary.

If the monthly wage of a worker is three times higher than the average monthly wage of the employee in the previous year announced by the people of the municipality directly under the Central Government or the city divided into districts where the employer is located, the standard of severance shall be paid to him at the rate of three times the average monthly wage of the employee, and the maximum period of payment of severance shall not exceed 12 years.

For the purposes of this Article, the term "monthly wage" refers to the average wage of an employee in the 12 months prior to the termination or dissolution of the labor contract."

It is a violation of the Labor Contract Law for an employer not to sign an employment contract with an employee. It may be in accordance with Article 10 that "a written labor contract shall be concluded to establish a labor relationship.

If a labor relationship has been established and a written labor contract has not been concluded at the same time, a written labor contract shall be concluded within one month from the date of employment."

According to Article 14, "an indefinite-term labor contract refers to an employment contract in which the employer and the employee agree on an indefinite termination time.

The employer and the employee may enter into an indefinite-term labor contract if they reach an agreement through consultation. In any of the following circumstances, if an employee proposes or agrees to renew or conclude a labor contract, an indefinite-term labor contract shall be concluded in addition to the employee's proposal to conclude a fixed-term labor contract:

1) The worker has worked for the employer for 10 consecutive years"; You can ask your employer to sign an indefinite employment contract.

You may follow Article 82 to "If an employer fails to conclude a written labor contract with an employee for more than one month but less than one year from the date of employment, it shall pay the employee twice the monthly wage."

If an employer violates the provisions of this Law by failing to conclude an indefinite-term labor contract with an employee, it shall pay the employee twice the monthly salary from the date on which the indefinite-term labor contract should be concluded." Request for double wages.

If the negotiation with the employer fails, you can apply to the labor department for labor arbitration.

Labor Law, Labor Contract Law, and Labor Arbitration Law apply.

Request arbitration first, and if the goal is still not achieved, file a lawsuit.

The labor law stipulates that those who have worked for more than 10 years can freely choose to sign an indefinite contract.

Method: Labor arbitration.

Good luck

If you have a salary slip, you can arbitrate first, and you can't go to court, and the hospital can't terminate the contract casually for more than 20 years. It is possible to secretly record or collect other evidence of work in the hospital.

1. The court shall rule that both parties shall divorce. For the relationship between husband and wife has indeed broken down.

2. Safeguard the legitimate rights and interests of women and children, the rights and interests of the innocent party, and the legitimate rights and interests of the weak.

3. The woman is better raised. It should be awarded to the man, and the woman should take care of it, which will not affect the woman's future marriage and childbirth, and will be beneficial to the child's growth.

In accordance with Article 65 of the Criminal Procedure Law of the People's Republic of China, as amended on March 14, 2012, the following is briefly stated that the people's courts, people's procuratorates, and public security organs may release criminal suspects or defendants on bail pending further investigation if they are listed below: ......4) Where the period of detention is complete, the case has not yet been completed, and it is necessary to employ release on guarantee pending further investigation.

However, the revised criminal prosecution will not take effect until January 1, 2013.

This is the previous revision of the provisions on extended detention in criminal proceedings, if you understand it, it may be available.

Article 74: Where a criminal suspect or defendant is in custody and cannot be completed within the time limits for investigation and detention, review for prosecution, or first-instance or second-instance trial provided for in this Law, and it is necessary to continue the investigation and trial, the criminal suspect or defendant may be released on guarantee pending further investigation or placed under residential surveillance.

Article 75: Where criminal suspects or defendants and their legally-designated persons, close relatives, or lawyers or other defenders retained by criminal suspects or defendants have the right to request that compulsory measures be lifted beyond the legally-prescribed time period for the people's courts, people's procuratorates, or public security organs. The people's courts, people's procuratorates, or public security organs shall release, lift release on guarantee, place under residential surveillance, or modify the compulsory measures in accordance with law for criminal suspects or defendants who have been subjected to compulsory measures beyond the legally-prescribed period.

Directly sue the procuratorate and request that the person be released.

The compensation costs in cases 1, 2, 3 and 4 generally include medical expenses, nutrition expenses, lost work expenses, transportation expenses, nursing expenses and mental loss expenses.

These should go to the hospital for disability evaluation, and they must be minor or above before they will be investigated for criminal responsibility. Intentional injury: Whoever intentionally injures the body of another person shall be sentenced to fixed-term imprisonment of not more than three years, short-term detention or controlled release.

2. Whoever intentionally injures another person causing serious injury shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years. and apply to the court for compensation, and the amount can only be determined by the judge.

Some of them are to be obtained, so they have to be appraised, and if they are injured or more, they can go to the court to file a lawsuit, and apply to the judge for medical expenses, lost work expenses, mental damages, etc., and the judge will decide the amount of compensation based on the overall situation.

Expenses such as medical expenses, lost work expenses, nursing expenses, etc., you have mentioned too many cases, are you doing the exam questions? For further details, you can contact me to help you.