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Article 17 The following property acquired by husband and wife during the existence of their marital relationship shall be jointly owned by the husband and wife:
1) Wages and bonuses;
2) the income from production and operation;
3) income from intellectual property rights;
4) Property obtained by inheritance or donation, except as provided for in paragraph 3 of Article 18 of this Law;
5) Other property that shall be jointly owned.
Husbands and wives have equal rights to dispose of jointly owned property.
Article 37: After a divorce, the other party shall bear part or all of the necessary living expenses and education expenses for the children raised by one party, and the amount of the expenses and the length of the period shall be agreed upon by both parties; If the agreement is not reached, the people's court shall make a judgment.
An agreement or judgement concerning the maintenance and education of the child shall not prevent the child from making a reasonable demand to either parent, if necessary, in excess of the amount originally agreed upon in the agreement or judgment.
Article 39: At the time of divorce, the joint property of the husband and wife shall be disposed of by agreement between the two parties; If the agreement is not reached, the people's court shall make a judgment based on the specific circumstances of the property and the principle of taking care of the rights and interests of the children and the woman.
The rights and interests enjoyed by husbands or wives in the contracting and management of family land shall be protected in accordance with law.
Article 40: Where husband and wife agree in writing that property acquired during the existence of the marital relationship shall belong to each other, and one party has paid more obligations for raising children, taking care of the elderly, assisting the other party in work, etc., they have the right to request compensation from the other party at the time of divorce, and the other party shall make compensation.
Article 41: At the time of divorce, debts originally incurred by the husband and wife while living together shall be repaid jointly. If the joint property is insufficient to be repaid, or the property is owned by each other, it shall be repaid by agreement between the two parties; If the agreement is not reached, the people's court shall make a judgment.
Article 42 At the time of divorce, if one party is in difficulty, the other party shall give appropriate assistance from his or her housing and other personal property. The specific measures shall be agreed upon by both parties; If the agreement is not reached, the people's court shall make a judgment.
Article 46: In any of the following circumstances, where a divorce is caused, the party who is not at fault has the right to claim damages:
1) bigamy;
2) A person who has a spouse cohabits with another person;
3) Committing domestic violence;
4) Abuse or abandonment of family members.
Article 47: At the time of divorce, where one party conceals, transfers, sells, or destroys the property jointly owned by the husband and wife, or falsifies debts in an attempt to encroach on the property of the other party, when dividing the joint property of the husband and wife, the party who conceals, transfers, sells, or destroys the joint property of the husband and wife or falsifies debts may receive a smaller share or no share. After the divorce, if the other party discovers that he or she has committed any of the above-mentioned acts, he or she may file a lawsuit with the people's court to request that the joint property of the husband and wife be divided again.
People's courts are to sanction conduct that obstructs civil litigation as provided for in the preceding paragraph in accordance with the provisions of the Civil Procedure Law.
Article 48: Where there is a refusal to enforce judgments or rulings on alimony, child support, alimony, division of property, inheritance, visitation of children, and so forth, the people's courts are to enforce them in accordance with law. Relevant individuals and units shall be responsible for assisting in implementation.
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1. Your father must constitute the crime of bigamy, and if he sues in court, he will definitely win the case, and this is a crime of personal accusation that is only dealt with by telling, and it is a criminal case, with a maximum sentence of two years!
So the suggestion is still private!
2. That little sister of yours (let's call it that) is also your father's child, and she will divide the inheritance with you in the future. This is an express provision of the inheritance law.
3. As for the evidence of the crime of bigamy, it is very simple, as long as they are husband and wife or everyone thinks that they are husband and wife, it is fine, so it is recommended to go to the relevant community or village committee and other places to collect evidence.
4. As for the last one you mentioned, according to my experience, I still ask for money when I get divorced, otherwise, once I get married, things will be delayed again and again. This is absolutely true, hehe, I've been in the court for so long, and I've seen it all.
5. Also, even if your mother divorces your father, you and your brother are still your father's legitimate children, and you can continue to care about his living expenses and so on, including the right to divide the inheritance at the end!
6. If it comes to your brother's tuition, it is recommended to take yourself as the plaintiff and go to the court to file a lawsuit, otherwise, the money is not good.
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1. You have to go to the court first to apply for freezing your father's account, so as not to hide his property, he does not have a loan of more than 200,000 yuan, as long as you have evidence to prove that the money of 200,000 yuan is not used for family living expenses, so that 200,000 yuan is not included in the joint debts of the husband and wife, and belongs to personal loans and personal debts.
2. As for the division of property in divorce, if one of the men and women is at fault, Party B can divide less or part of the property. As long as you can prove that he has other women outside.
3. The wife and children can file a lawsuit with the court to demand that your flying father pay child support.
4But as for you to take a divorce settlement, it is permissible to do so. Divorce settlements can also be legal. But I personally suggest that this is less reliable.
If a man like your father raises a woman outside, ignores his family, and does not support his children, he is almost hopeless. You still ask the court not to divide the property to your father. It's better that way! ~
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Hello: 1. French Party D can file an infringement lawsuit against French Party C and China Party B, and the infringement lawsuit filed by French Party D against China Party B is only the part of the patent registered in China, and for the lawsuit filed against French Party C, it can claim compensation on the grounds that the two patent rights registered in France are the subject matter of infringement.
2. French Party C may transfer the guarantee liability of intellectual property rights to Chinese Party B. The reason is that China Party B has made an obligation to sell the seller, and the intellectual property rights of the goods sold under guarantee shall not be regarded as infringing products in the buyer's location.
Of course, this view is based on the fact that the principal place of operation of the French party C in the title is France.
For details, see Article 42 of the United Nations Convention on Contracts for the International Sale of Goods, which stipulates the seller's intellectual property security for the goods and its limitations. Article 42 of the Convention provides:
1) The goods delivered by the seller must be goods in which a third party cannot claim any rights or claims under industrial or other intellectual property rights, to the extent that the seller knew or could not have been unaware at the time of the conclusion of the contract and that such rights or claims are based on industrial or other intellectual property rights under the laws of the following States: (a) if the parties presuppose at the time of the conclusion of the contract that the goods will be resold or otherwise used in the territory of a State, in accordance with the law of the country in whose territory the goods are to be resold or otherwise used; or (b) in any other case, under the laws of the country in which Buyer has its place of business. (2) The obligations of the seller in the preceding paragraph shall not apply in the following cases:
a) the buyer knew or could not have been unaware of the right or claim at the time of the conclusion of the contract; or (b) the right or claim arises because Seller is subject to technical drawings, patterns, programs or other specifications provided by Buyer.
3. Chinese Party B may transfer part of the responsibility for the intellectual property guarantee liability in ** to Party A of the United States. Specifically, the goods sold by US A to China and B infringed on the patented technology enjoyed by French D in China. For the part that is no longer patented in China, Party A of the United States is not liable.
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Question 1: It depends on what acts Wang and Zhang have committed, and then it can be determined whether they have committed a crime and what kind of crime they have constituted.
Question 2: Who is Li referring to, I didn't see Ah in the case.
Question 3: Statutory sentencing circumstance 1: Voluntary surrender; 2. Assisting the public security organs in capturing Wang is a meritorious service.
Discretionary sentencing circumstances: 1. First offense, 2. Good attitude.
Question 4: 1. The first interrogation after detention lasted more than 24 hours.
2. The family of the criminal suspect was not notified.
3. PICC and PICC are applicable at the same time.
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Crime of forced labor: Whoever violates labor management laws and regulations by employing minors under the age of 16 to engage in super-intensive physical labor, or to engage in high-altitude or underground operations, or to engage in labor in dangerous environments such as high-quality, flammable, radioactive, or toxic, and the circumstances are serious, the directly responsible personnel shall be sentenced to fixed-term imprisonment of not more than three years or short-term detention and shall also be fined; where the circumstances are especially serious, the sentence is between three and seven years imprisonment and a concurrent fine.
If the working environment is toxic, the person directly responsible for the company will be held criminally liable. The person directly responsible may be reported to the relevant departments. If a physical injury is caused in a toxic work environment, you can also apply for an occupational disease injury identification.
In addition, one month's detention can apply for state compensation.
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No, but one month in prison can claim compensation from the state.
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Yes because it was the boss's mistake.
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Yes, and it must be compensated.
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Refer to Article 9 of the "Regulations on the Safety Management of Civil Items" and the "Decision of the Supreme People's Court on Amending the Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Law in the Trial of Criminal Cases of Illegal Manufacture, Sale, and Transportation of Firearms, Ammunition, and Goods": "The quantity of illegal manufacture, sale, transportation, mailing, and storage of ** items due to normal production and living needs such as road construction, house building, well drilling, homestead and land renovation, or due to lawful production and business activities, reaches this Interpretation Where the standards provided for in Article 1 have not caused serious harm to society, and there are truly expressions of repentance, a lighter punishment may be given in accordance with law; where the circumstances are minor, punishment may be waived.
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Where an individual steals public or private property with a value of 5,000 to 20,000 yuan or more, it is a "huge amount". theft of public or private property; where the amount is huge or there are other serious circumstances, a sentence of between 3 and 10 years imprisonment and a concurrent fine is to be given;
Taking the initiative to return stolen goods is a sign of a good attitude of admitting guilt, but it does not mean that a sentence should not be imposed. The client's family or ** lawyer may apply for release on guarantee pending further investigation, and the public security department needs to decide whether to approve it based on the facts of the case. The deposit is 5,000 yuan.
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Looking for the parties, as long as the parties do not sue, there is no problem.
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You may apply for release on bail pending further investigation. The victim's forgiveness can only be mitigated or mitigated at the time of sentencing, which is probably about a year. It depends on which city it is.
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To be released on bail pending further investigation, you must first apply, and whether you can do it and how much to pay is up to the Public Security Bureau to decide.
It is not of much use to return the money to the other party, because it has already reached the detention stage, the party has already reported the case, if it goes to the court, it is a public prosecution case, even if it is settled, it is only a matter of sentencing, if you hire a better lawyer, you can review the prosecution in the procuratorate, or even at the stage of approving the arrest, then there is no need to sentence.
It is recommended to find a better local lawyer to solve it, and it is not good to always have 5,000 yuan to affect your life.
Now is the reconnaissance stage, if you hire a lawyer, you can see, but there are some restrictions in each place, it may not be so easy, it is recommended that you go to a local lawyer in Beijing to consult, it is best to find a law firm that is good at fighting criminal lawsuits, do not believe in the propaganda on the Internet, believe in your own vision, mainly to see if the lawyer is responsible? Your case is relatively small, and barristers generally don't pay too much attention even if they take it, but will be more serious when they find a lawyer who has been working for one to two years.
In addition, the huge amount of regulations has long been changed, Beijing 5000 yuan as far as I know, it is almost the level of sentencing, Kunming theft of 2000 is only a few months, how can it be more than 3 years in Beijing, or I said, don't believe too much in the Internet things, fish and dragons are mixed.
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can be released on bail pending trial, about 2,000 yuan. If you return the money to someone, as long as they don't sue you again, you will not be sentenced, and you will be detained for 15 days to 3 months, depending on the attitude of admitting mistakes.
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