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It won't go to court. If you even think of suing, I don't think you're going to have this so-called friend. He had a direct showdown with him, saying that there was recording evidence, and asked him to pay back the money. Generally speaking, the other party should not be dead again.
If you want to sue directly, it can be used as evidence, however, civil litigation requires a chain of evidence to prove that the other party really owes you money, and it is still more difficult to prove this based on audio recordings alone.
After this time, you should understand that the things on the money must be clearly stated in the future, it is best to have an IOU or something, the brothers are still clear about the accounts, and the accounts may be remembered by others, but the accounts are not clear, and the friends are not friends in the end, and the money has not yet been settled.
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As long as there is no obvious doubt, the audio recording can be used as evidence, and if it can be supported by other evidence, the effect will be higher. However, when recording, it is necessary to pay attention to the content of the speaker's own identity and speaking time. Otherwise, the admissibility of evidence is minimal.
According to the relevant provisions of Article 70 of the Supreme People's Court's "Several Provisions on Evidence in Civil Proceedings", "where one party raises objections to the following evidence submitted by the other party but does not have sufficient evidence to refute it, the people's court shall confirm its probative force: (3) Audio-visual materials that are supported by other evidence and obtained by lawful means, and which are beyond doubt, or copies that have been verified with the audio-visual materials; ”
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Here's the proof. Look at it coherently. First, it is determined that he has a debt of 2,000 yuan with you (and he is the debtor), and second, it is determined that the deadline for repaying the debt specified by it is the 15th of this month.
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Summary. Hello:
1: According to Article 42 [3] of the Contract Law, there are other acts that violate the principle of good faith. if it causes losses to the other party, it shall be liable for damages; Article 107: Where one of the parties fails to perform its contractual obligations or its performance of contractual obligations does not conform to the agreement, it shall bear liability for breach of contract such as continuing to perform, taking remedial measures, or compensating for losses.
2: The civil oral agreement is also a form of offer of the contract [folk customary practice], which also produces legal effect. The other party backtracked, did not keep promises, and breached the contract first.
3: This kind of lawsuit can be fought. And it's sure to win. I suggest that you appoint a professional lawyer, it will still be helpful to you.
I would like to consult someone who understands the law.
Hello: 1: According to Article 42 of the Contract Law [3], there are other acts that violate the principle of good faith.
if it causes losses to the other party, it shall be liable for damages; Article 107: Where one of the parties fails to perform its contractual obligations or its performance of contractual obligations does not conform to the agreement, it shall bear liability for breach of contract such as continuing to perform, taking remedial measures, or compensating for losses. 2: The civil oral agreement is also a form of offer of the contract [folk customary practice], which also produces legal effect.
The other party backtracked, did not keep promises, and breached the contract first. 3: This kind of lawsuit can be fought.
The company uses Douyin likes to monetize online channels to induce people to join their traffic brushing work, and induces them to deceive people in the past to communicate with the online traffic swiping platform they use, and induces people to recharge the virtual currency in the app through bank card transfer to the designated account for consumption.
When they do it, and they make an error, they send this to ask them to continue making the order.
When they do it, and they make an error, they send this to ask them to continue making the order.
Is this illegal What to do?
Hello, when you encounter such a thing, please don't continue to charge money. This is a typical network**. Not illegal.
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Hello. According to what you said, I will give you an analysis of each article:
1. "I have a friend who picked up a bunch of motorcycle keys, and when he was playing with the keys a day later, he found the motorcycle by the alarm in the key, and then rode the motorcycle away. "The perpetrator rode away after discovering the motorcycle, which itself had the subjective purpose of possession. Therefore, there is no doubt that the crime of theft is constituted (generally motorcycles can reach the minimum penalty amount for theft).
2. "The owner of the motorcycle said that he would not be held responsible, and wrote a certificate, saying that my friend was still young and ignorant to do this, saying that he would not be held accountable, and asked the police station to deal with it lightly." ""He was sixteen, but not yet eighteen".
In view of this, if the perpetrator has reached the age of full criminal responsibility, that is, he has reached the age of 16, he must bear criminal responsibility for any crime. However, if the victim actively returns the stolen property and makes restitution and obtains the victim's forgiveness, in accordance with the provisions of the Interpretation, although the theft of public or private property has reached the starting point of "a relatively large amount", the circumstances are minor, and in any of the following circumstances, it may not be punished as a crime.
l. Committing crimes committed by minors between the ages of 16 and 18;
2. Returning all stolen goods or making restitution;
3. Voluntarily surrendered;
4. Being coerced to participate in theft activities, and not sharing the stolen goods or receiving less stolen goods;
5. Other circumstances are minor and the harm is not great.
It is clear that the perpetrator has a clear circumstance of not committing a crime.
The landlord and the victim are not pursued does not prevent the procuratorate from intervening in the criminal prosecution, and the victim can give up only the civil part of the claim. At present, it is very likely that the landlord's friend will be criminally prosecuted but will not be treated as a crime, or will not be criminally prosecuted at all, and will only be subject to administrative punishment. Of course, the premise is that the perpetrator has no previous experience of theft or other criminal facts that have been known to the investigating authorities.
If none of these circumstances exist, it can only be said that he will not be sentenced, but he will still be subject to administrative penalties (including re-education through labor).
Hope it helps.
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If the victim proposes not to pursue responsibility for a suspected crime, it is a condition for a lighter punishment to be considered, but the case still has to go through procedures in accordance with the law. minors, the punishment should be reduced. In practice, conviction and sentencing depend on many circumstances, such as attitude, consequences, restitution, voluntary surrender, disclosure, reporting, meritorious service, principal and accessory offenders, juveniles, recidivism, attempts, and so on.
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Whether it constitutes a minor injury shall be evaluated in accordance with the provisions of the Supreme Court, the Supreme Procuratorate, the Ministry of Public Security, the Ministry of Security, and the Ministry of Justice in the Standards for the Appraisal of the Degree of Human Injury (2014) (effective as of January 1, 2014).
If the minor injuries suffered by the victim were caused by the perpetrator's intentional injury, the perpetrator may be required to bear criminal liability and pay civil compensation in accordance with the relevant provisions of the Criminal Law.
If it is caused by other reasons, such as a traffic accident, the perpetrator or responsible person is required to pay civil compensation in accordance with the law.
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At the beginning, the unit promised to resign and could be subsidized according to the length of service: argue with reason, and come up with evidence to negotiate.
There is no subsidy for voluntary resignation: if the enterprise takes the initiative to dismiss or divert due to reasons, then the subsidy will be given according to the three service periods, that is, less than 5 years, 5 to 10 years, more than 10 years, a minimum of 2 months, and a maximum of 24 months of unemployment allowance. If you have worked in the factory for more than 10 years, you should sign an indefinite contract according to the new national labor law.
However, if you voluntarily resign, there is usually no subsidy. There is only one special case, if your friend has a good personal relationship with the boss himself, then it is possible to pay a part.
After working for ten years, I have only bought social security and medical insurance for 4 years and 8 months, can I protect my legitimate rights and interests through the law? : Of course, you can defend your rights, consult a local lawyer and discuss the specifics.
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Eat a trench and grow wise, remember to obey the traffic rules and complete the formalities in the future.
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The car is really unlucky!!
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1. It is recommended that you do not go through legal procedures;
Second, from the legal level, your father is fully responsible, and its legal significance lies in that, in layman's terms, your father is liable for all the consequences of the accident, and your father has to compensate your brother-in-law's relatives and the little girl, including medical expenses, lost work expenses, nursing expenses, nutrition expenses, etc., far from what you said, only these ** expenses, so simple, and even compensation for the repair costs of the damaged car;
3. You let the car lose money, which is already considered to be earned, and he is not responsible for it, so he does not need to compensate;
Fourth, communicate well with the injured, play the emotional card, don't stiffen the relationship, the compensation will definitely be less, maybe as long as your father pays the medical expenses;
5. In ****, does it matter whether you transfer to the hospital or not? As long as it is a regular hospital, it is enough to issue a formal medical invoice, and there is no need to dwell on this, but it will affect communication.
You shall be solely responsible. Because A lends the article to B, B has the obligation to keep the item, and B lends the item to you, the obligation to keep the item is transferred to you, and no matter what you put into **, you have the responsibility of keeping it until you return it to B or lend it to others. Take it out of your desk and put it back in after reading it. >>>More
The use of the building as the means of payment for sand is a mutual agreement between you and is binding on both of you. If you provide the developer with sand that meets the contract, but the developer cannot deliver the house to you due to his own reasons, the developer is in breach of contract, and you can sue the developer to demand that the other party pay you for the sand. >>>More
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The back of each courier company's express bill has stated the exemption clause, you can find that you can find that it is basically stipulated that under the premise of not insuring the price, in case of loss and damage, the courier company's compensation liability is 2 or 3 times the freight, and the maximum compensation is 5 times, depending on which courier company. That's right, this is an overlord clause, but if you need the services of the courier company, you have to accept such a clause, and under the premise of no insurance price, the courier company will pay the original price, which is already good.