A question about reading the law, a question about the law

Absolutely.

And there's a good chance you're better than those law undergraduates. Because of this, you have the advantage that you can better understand some of the concepts of law in the collision of sparks between different disciplines. Undergraduate law students may be limited by their own knowledge and it is difficult to make a big breakthrough.

In foreign countries, law can only be studied after completing a bachelor's degree. There are many people in China who are now working, have studied law on their own, have passed the bar exam, and can also become lawyers. Moreover, non-law majors seem to have a higher pass rate in the exam.

This may be a kind of sorrow for the lawyers. As long as you have the dream of studying law, this field will definitely allow you to soar freely.

OK. Law is a social discipline, the legal profession must have a strong theoretical nature, but also a strong practical nature, law is still an open discipline, in the process of law application, it will inevitably involve the knowledge of natural disciplines, so if there is a background in natural disciplines and then engage in the legal profession, maybe when the two will be combined.

Yes. For those who are not majoring in law, or taking the postgraduate examination, there is a master's degree in law. If you want to engage in related employment in the future, you can pass the bar exam.

The qualification for the bar examination is a college degree or above in a law-related major, and a bachelor's degree or above in non-law can be taken.

OK. Self-examination for law majors or.

Choose a double major in law.

I understand your feelings, and I will explain it to you in verbal language.

In order to prevent unjust, false and wrongly decided cases as much as possible, the current criminal law has a tone: Only when it can be 100 percent proved that the person has committed a crime can he be convicted and punished, otherwise he cannot be convicted. Therefore, there are many cases such as the fact that the person has committed a crime, but the evidence is really not enough to convict at the trial, so he can only be acquitted.

And according to the spirit of modern law, a judgment that has taken effect is a judgment that can play a final decisive role, for example, in a certain case, so-and-so has been found not guilty, as long as this judgment takes effect, then no matter who talks about or involves this case from now on, then this so-and-so must be innocent (note that a judgment can only have an effect on one case against which it is directed. This is known as the "non res judicata" principle. This is mainly to preserve the authority of the judgment.

Most of the above principles are common at home and abroad, but China has the following characteristic principles. It should be noted that only the procuratorial organs, as the adjudication supervision organs, have the power to protest against the prosecution.

If it is indeed discovered that the judgment is erroneous after the fact, the procuratorial organ has the right to protest and request the court to retry the case. This is the difference between Chinese law and some foreign laws.

It must be noted that "res judicata" means that if there is already an effective judgment in a specific case, it is not allowed to file a separate lawsuit in this case. But if the person commits a new crime, it's a new case.

It is true that one crime cannot be tried twice.

This does not mean that a crime cannot be tried twice.

I haven't seen the movie you mentioned, but my understanding is that if the woman's ** her husband attempted to go to prison, then the first trial was for her crime of attempted murder of her husband. If you commit the act of killing your husband again after you are released from prison, it will be a second crime, even if it is the same crime, as long as it is not the same crime, you can be tried again.

This is not to say that the same charge cannot be tried again. Otherwise, if a thief steals something, steals, and continues to steal after coming out, he doesn't have to be sentenced?

No, because there was no such fact at that time, no punishment was imposed, but if you commit another crime later, you can be held responsible, and the so-called "the same crime cannot be prosecuted twice" refers to the difference in time for the same case.

The general point is that once the judgment is made, you cannot ask for a trial again for the same reason, and the so-called final word.

However, please note that it is possible to retry and retry in China, and if there is an error in the trial, it is possible to request a retrial from the court, or the higher level may order a lower level to retry the case.

The key is to see if there is new evidence that is sufficient to overturn the original verdict.

The reason for reinstatement is to see if you have new evidence, and if you have, you can correct the original verdict.

It's not what you say, and it doesn't matter if it's wrong.

For example, if you ask for money, the judge awards you 100 compensation, and the judgment takes effect. You can't take the IOU and run to the court and say, give me another sentence, I don't think I was satisfied with the last time. The court will tell you, I'm sorry, I've taken care of this once, I don't care.

However, if you can't find the IOU at first and the other party doesn't recognize it, the judge will rule that the other party doesn't have to pay back. Later, you find out that the IOU was stolen by the other party, and you can get it back, and you can go to the court to ask for a new judgment.

1. This kind of case is very controversial in judicial practice, and similar cases are filed in some places for theft, some for fraud, and some for embezzlement.

2. The crime of theft should be committed by secret means. In this case, A openly went to take the burden, so A did not meet the characteristics of the crime of theft.

3. The crime of fraud requires the defrauder to take the initiative to deceive the deceived person, and A has no contact with the deceived person, so A does not meet the characteristics of the crime of fraud.

4. The items that are misappropriated in the crime of embezzlement shall be the property of others, forgotten or buried objects of others that are kept on their behalf. The baggage of the mail is obviously not included and therefore does not constitute the offence of misappropriation.

5. Although A has the intention of illegal possession and is harmful to society, the act is not stipulated as a crime in the laws of our country, and according to the principle of "no crime unless expressly provided in the law", A does not constitute any crime.

6. A acquires other people's property without a lawful basis, and the legal language is called "unjust enrichment", which should be returned to the original owner.

Attachment: Criminal Law of the People's Republic of China

Article 3: Where the law clearly provides that it is a crime, it is to be convicted and sentenced in accordance with law; Where the law does not expressly provide for criminal conduct, it must not be convicted and sentenced.

General Principles of the Civil Law of the People's Republic of China

Article 92: Where there is no lawful basis for obtaining improper benefits, causing losses to others, the improper benefits obtained shall be returned to the person who suffered the losses.

How many months does it take for the retroactive payment to be effective, back to the front, the traffic police organization is mediation, he feels that if he has no way to prove his income, then according to the law, it will be the same as the previous year in the location or.

According to unjust enrichment, the proceeds will be returned.

It is unjust enrichment and must be returned unconditionally, but it does not constitute a criminal case.

Vietnamese brides are not legal, they have not gone through the marriage registration procedure, and the sale of women and children is an illegal thing that is not protected by law.

According to what you have said, the conviction and sentencing will be decided based on various factors such as the suspect's subjective purpose, motive, specific criminal acts, the circumstances of the crime and his attitude towards admitting guilt, and the evidence collected by the public security department.

If the crime of intentional homicide is convicted, the sentencing is divided according to the severity of the circumstances.

Whoever commits the crime of intentional homicide shall be sentenced to death, life imprisonment or fixed-term imprisonment of not less than 10 years. where the circumstances are serious, a death sentence or life imprisonment shall be given. Where the crime of intentional homicide is committed, and the circumstances are more minor, the sentence is to be between 3 and 10 years.

Killing an intermediary: Intentional homicide.

Article 232 of the Criminal Law [Intentional Homicide] Whoever intentionally kills a person shall be sentenced to death, life imprisonment or fixed-term imprisonment of not less than 10 years; where the circumstances are more minor, the sentence is between three and ten years imprisonment.

Bride Buying: Buying a trafficked woman.

Article 241: [Crime of Buying Trafficked Women or Children] Whoever buys trafficked women or children is sentenced to up to three years imprisonment, short-term detention, or controlled release.

Of course, the bribery in this case is not necessarily criminalized, depending on the evidence in the possession of the public prosecution.

1. Buying a bride through an intermediary itself constitutes the crime of buying abducted and trafficked women or children, and if it does not hinder their return to their original place of residence or their rescue, criminal responsibility may not be pursued. The police are already very polite to ignore it.

2. Killing intermediaries must be held legally responsible.

Buying a bride through an intermediary is actually human trafficking, which is illegal in the first place, and of course the public security will not take care of the report, and if you are cornered, you will kill people, which is also wrong.

First of all, can you judge the time of death of the mother and daughter. If one party dies before the other, then the other party inherits part of the estate of the party who died first before his death.

1. If a daughter dies first, her estate is inherited by her mother and father. If a mother dies again, her estate (including those who previously inherited her daughter) is inherited by her legal heirs. Since she is divorced, the daughter's father has no inheritance rights.

If the mother does not have a first-order heir, then the aunt, as the mother's second-order heir, is entitled to inheritance. If there is a first-order heir, then a portion of the appropriate inheritance can also be distributed to the aunt.

2. If the mother dies first, her estate is inherited by her daughter and other heirs (if any). In the event of the death of a daughter, the estate (including those of the mother who previously inherited the mother) shall be inherited by the father, but with little or no share. In addition, an appropriate inheritance can be distributed to the aunt.

3. If the time of death cannot be determined, according to the judicial interpretation, it is presumed that the mother died first, and then the distribution of the estate will continue according to 2.

Opinions of the Supreme People's Court on Several Issues Concerning the Implementation of the Inheritance Law of the People's Republic of China

1 Inheritance begins when the decedent dies physically or is declared dead.

If the missing person is declared dead, the date of death of the missing person as determined in the court judgment shall be the time when the inheritance begins.

2 If several persons who are related to each other die in the same event, if the order of death cannot be determined, it is presumed that the person without heirs dies first. If the deceased has heirs, if several deceased persons are of different generations, it is presumed that the elders died first; Several deceased persons of the same generation, presumed to have died at the same time, and do not inherit each other, but are inherited separately by their respective heirs.

Law of Succession, Article 13.

The share of inheritance inherited by heirs in the same order shall generally be equal.

Heirs who lack the ability to work who have special difficulties in life shall be taken care of when distributing the inheritance.

Heirs who have fulfilled the main obligation to support the decedent or who live with the decedent may receive more than one share of the inheritance when the inheritance is distributed.

Heirs who have fulfilled the main obligation to support the decedent or who live with the decedent may receive more than one share of the inheritance when the inheritance is distributed.

If an heir who has the ability and the capacity to support does not fulfill his obligation to support, the inheritance shall be distributed without or less.

Article 14 Appropriate inheritance may be distributed to persons other than heirs who lack the ability to work and have no livelihood who are dependent on the decedent's support, or who are not heirs who support the decedent more.

If the name of the girl written on the property is written, then I am curious, who lives in whose house? In the death of the mother and daughter, the property is inherited by the girl's legal heirs. First in line to the throne includes parents, children, spouses.

Hello, according to the relevant provisions of the inheritance law, the father can share a part of the property, and the court will also give the estate according to the circumstances of the aunt taking care of the mother and daughter.

The girl's estate is inherited by her father, and the mother's estate is legally inherited by her.

About inheritance succession, if not.

If there is a will, the inheritance shall be in accordance with the legal order, with spouse, parents, and children as the first-order heirs, and siblings, grandparents, and maternal grandparents as the second-order heirs, and then in the case of first-order heirs, the estate will generally be distributed equally among the first-order heirs, unless there are special circumstances prescribed by law.

In response to the ambiguity mentioned in this question, if the property is the property of a woman, the father is the first-order heir and can inherit the property. But there is also the issue of the order of death and the specific circumstances of the father's non-support, which need to be analyzed in detail.

Try to prove that the father did not fulfill the maintenance obligation and the degree of care of the aunt, but the father will definitely get the share, it is only a matter of share!

You put the photos related to BAI and privacy in QQ DU

Encrypted album zhi

, there is no fault of this dao, let alone illegality. Because what you want is not to propagate, but to encrypt and preserve.

Of course, your friend can sue you, and that's a right given to her by law.

If your friend sues you, you must be responsible for the proof that you have been encrypted, or to find the person who cracked the code, and if you cannot prove that you have encrypted it, or if you cannot find the person who cracked the code, then you must be responsible for the dissemination of the photo.

You are not breaking the law yourself, but someone else has obtained it after breaking the secret, which is an infringement.

However, it is not yet possible to confirm whether you have conspired with others to commit acts against your friend, and if so, you should bear adverse legal consequences.

It is not foreseeable at this time, and it can only be further analyzed if the facts of the violation occur and cause consequences.

First of all, what do you want to do? Do you want to return the 400 yuan? Or do you want to sue them for breach of contract and pay liquidated damages? But I don't think there is any liability for breach of contract in the contract you signed...

I think there are several main problems in your matter: First, the amount involved is very small, and the cost of taking the judicial route is large, and the gains outweigh the losses. Secondly, the office clerk job that their company said during the interview was only a verbal promise, and you have no evidence.

In the end, the stuff you're recording doesn't seem to be of much value.

My personal suggestion is to find a few people who have also been fooled, and go together to get the money back, if there are many people, they will be afraid if it makes a big fuss, but pay attention to the way.

If you don't understand, you can go to the law firm for consultation, and the consultation does not cost money.