！！I m anxious to ask for advice on two legal problems... 20

1\"His previous detention was substantively lawful and not wrongful detention"The understanding is wrong"The person has the conditions not to be criminally responsible'In this case, if the mistake is caused by the fault of the person concerned, it is not possible to obtain compensation from the State, and if the judicial organ can clearly find out but the fault of the judicial organ has not found out, then the person concerned can receive State compensation, and the scope of compensation is limited to the part that has been executed. "Pre-sentence detention shall be compensated"For example, if a second-instance sentence is sentenced to 3 years in prison, and after two years of execution, after the retrial procedure, the verdict is changed to not guilty, and only compensation will be paid for those who have already been executed, and the remaining one-year prison sentence will not be involved.

2 The legislative intent should be the principle of freedom of contract, i.e"If the insured commits suicide after the expiration of two years of a contract in which death is a condition for the payment of insurance benefits, the insurer (insurance company) may pay the insurance benefits in accordance with the contract""Yes"It means that it should be determined in accordance with the contract.

1. The question you mentioned is actually confusing a concept. Judicial compensation is only for wrongful arrest and detention without the facts of a crime. However, what you are talking about is only a situation in which you do not have the capacity to bear criminal responsibility, and it does not belong to the statutory situation that should be compensated.

2. This question is indeed as you said, the insurer can choose to pay or not to pay. The law gives insurance companies the right to choose, and the purpose of the legislation is that it is very troublesome to settle insurance claims based on such circumstances, giving insurers room for their own choice, and also helping to protect the interests of policyholders whose families are really in difficulty. In addition, this point is not the focus of the exam, and it will not be examined.

There's no need to know that much.

1. On release on bail pending further investigation.

Article 51 of the Criminal Procedure Law clearly stipulates that the conditions for release on guarantee pending further investigation are as follows: (1) where a person might be sentenced to controlled release, short-term detention, or an additional sentence that is independently applied; (2) A sentence of fixed-term imprisonment or higher might be given, and release on guarantee pending further investigation will not cause danger to society.

In order to ensure the smooth progress of litigation activities, the court will generally "detain" criminal suspects first, and may not apply detention to those who meet the conditions (as above) (because detention is a coercive means of depriving one's life and liberty, and is too harsh for those who commit lesser crimes). Release on guarantee pending further investigation refers to the fact that, in criminal proceedings, the three organs of the public procuratorate, procuratorate, and law order the criminal suspect or defendant to provide a guarantor or pay a guarantee deposit in accordance with the law, to guarantee that the criminal suspect or defendant will not evade investigation.

2. For B's fraud, the crime of [financial certificate fraud] may be established, and the establishment of this crime requires that the perpetrator is subjectively intentional, if A subjectively does not have intention, even if objectively he has committed the act of using fake checks, it still cannot be found to be a crime, because the basis for conviction in the criminal law is the unity of subjectivity and objectivity.

3. Letter of commitment from the public security organ.

Article 52 of the Criminal Procedure Law stipulates that the subjects applying for release on bail pending further investigation are: detained criminal suspects and defendants, their legal persons, and close relatives. The qualifications to apply lie with the criminal suspect or defendant and their legal ** persons and close relatives, and the decision lies with the public procuratorate and judicial organs.

I think that the pledge made by the DT Public Security Bureau is suspected of abusing power for personal gain, and the decision is in their hands, and if they are unreasonable, you can't do anything.

4. Specific practices.

Although the decision is in their hands, there must be a reasonable basis for making a decision, otherwise it will be a clear abuse of power. In fact, the issue is not so complicated, and the biggest purpose of the establishment of the bail pending trial system is: 1) to ensure the smooth progress of litigation activities (to prevent criminal suspects from evading investigation) and 2) to avoid bringing greater harm to society due to the failure to take detention measures (since A's behavior is not a profiteering crime, this requirement is not so strict).

Therefore, you have a high chance of success in applying for bail pending trial, and you can find a guarantor as a guarantee or pay a deposit. (It is recommended to find a guarantor as a guarantee, because the security organ may refuse to return the deposit at that time).

Bail pending trial means that you don't have to go to jail and can be at home after paying a security deposit. However, it is not allowed to go to other places without permission. There will be no sentence. Not credible, not right.

1. What should Party A do now?

Pay attention to collecting and keeping medical records and evidence of economic expenses or economic losses paid for it, if the police station fails to mediate, you can use the above evidence to go to the court to prosecute 2, what is the punishment for this kind of behavior?

Judging from the current situation, this situation is a public security dispute, and it is not enough to commit a crime.

Disability evaluation, if it constitutes more than minor injuries, a criminal private prosecution may be conducted.

If it does not constitute a ...... that can sue for civil damages

Compensation for medical expenses, lost work expenses, nursing expenses, transportation expenses, and other ......

Whether B is guilty of intentional injury may be determined on the basis of the injuries inflicted on A. Party A should go to the designated hospital for injury evaluation.

1. You can be held accountable civilly, and it is good to go directly to the court to sue.

2. You can also go to the court to prosecute according to the private prosecution case of a criminal case, collect evidence by yourself, and medical expenses, etc., and the court will sentence it.

1.The employer may not unilaterally terminate the labor contract of a female employee during the breastfeeding period, so you can request ICBC to include dates until July 5, 2011.

2.If you agree to leave your job after maternity leave, the company should pay you termination compensation, and Lao You will pay you one month's salary for each full year of your working years. However, there is no compensation for the period between the time of separation and the end of the lactation period.

3.If the company unilaterally terminates the contract before July 5, 2011, it shall compensate you twice the above standard.