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Merely trying to burn down the other party's house does not constitute a crime, but if relevant preparations are made, it constitutes preparation for the crime of arson, and the punishment may be mitigated or waived in accordance with the law. If the act of arson is told the truth, it is suspected of arson, and criminal responsibility is investigated according to the specific circumstances.
Legal basis: Article 22 of the Criminal Law [Preparation for Crime] In order to commit a crime, the preparation of tools and the creation of conditions is preparation for a crime.
For preparatory offenders, punishment may be mitigated, commuted, or waived by comparison with those already committed.
Article 114 Whoever endangers public safety by arson, flooding, or disseminating poisonous, radioactive, or infectious disease pathogens or other substances that endanger public safety, but has not yet caused serious consequences, shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years.
Article 115 (1) Whoever causes serious injury or death to a person or causes major losses to public or private property by arson, breaching water, flooding, or disseminating poisonous, radioactive, or infectious disease pathogens, or by other dangerous methods, shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment, or death. where the harm is extremely serious, the penalty is death or life imprisonment.
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1.In a joint crime, one person has completed all of them, and the accomplices include accomplices in conduct and accomplices who have given moral support, although B did not go to the scene, A and B discussed in advance, B gave A support in mind, and B did not completely block the joint crime, if B ** notified A not to participate, it is not considered an accomplice, and now A and B form an accomplice, and it is completed.
There are two scenarios when A arrives at the scene and goes home: if A does not know that B has given up the act of burning the car, or is an accomplice, it will be done.
If A knows that B gives up, B is a criminal suspension.
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I think so, A and B are accomplices, and since A succeeded in burning the house and B did not engage in dissuasive behavior, then it is presumed that the two have committed the crime together.
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The first b went to the scene of the crime because of timidity, and went back alone,! But he had a motive to commit the crime, and the second B belonged to an insider in this matter, knowing that A was going to commit a crime, he did not stop it, did not call the police, but chose to go home alone! However, his behavior has already constituted the objective element of the crime of harboring [completed]!
Causing a crime to be successful!
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In my opinion, 1, b does not constitute a crime; 2. It is necessary to determine whether B is a co-defendant based on his role at the scene.
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Contracts and the concept of contract law.
a) Contracts. 1. The concept of contract: The contract is the natural right of equal civil legal subjects, legal persons and other groups.
Agreements reached between organizations on the establishment, modification, and termination of civil rights and obligations.
2. The legal nature of the contract:
1) A contract is a civil legal act.
2) A contract is a civil juristic act in which two or more parties express the same intentions.
3) A contract is a civil juristic act for the purpose of establishing, modifying, or terminating the relationship of civil rights and obligations.
4) A contract is a legal act made on the basis of equality and voluntariness of all parties.
3. Characteristics of the contract: legality, equality, purpose, universality In real life, the contract is widely used as a civil act.
Contracts are the basis of social cooperation, and social cooperation cannot be carried out without contracts.
4 Classification of contract types.
As a kind of civil legal act, contract is diverse and complex, and can be divided into different types according to different standards.
According to whether the law gives a specific name: named contract and unnamed contract.
According to whether the two parties have mutual obligations, they are divided into bilateral contracts and unilateral contracts.
According to whether the parties have to pay the corresponding consideration for obtaining benefits: paid contracts and gratuitous contracts.
According to whether the contract is in the form of statutory and agreed by the parties, it is divided into mandatory contracts and non-formal contracts.
By other criteria: master contract and slave contract; self-binding contracts and contracts involving others, etc.
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1. The legal relationship of the contract refers to the relationship of rights and obligations formed by the parties in the process of civil circulation adjusted by the legal norms of the contract.
2. Where the parties have not concluded a contract in written or oral form, but it can be inferred from the civil acts engaged in by both parties that the parties have the intention to conclude a contract, the people's court may determine that the contract is concluded in "other forms" as provided for in the first paragraph of Article 10 of the Contract Law.
3. Compared with other civil juristic acts, contracts have the following characteristics:
1) A contract is a legal act of two parties, that is, two or more parties are required to express their intentions to each other. As a civil juristic act, a contract belongs to the subordinate concept of civil juristic acts, and the provisions of the civil law on civil juristic acts, such as the validity, invalidity, and revocation of civil acts, are applicable to contracts.
2) The intention of both parties must be consistent, and the contract can only be established if the intention of both parties is the same, and if only one party expresses the intention, or although there is an expression of intention of both parties, but the expression is inconsistent, the contract is not established.
3) The purpose of the contract is to create a civil legal relationship, that is, to occur, change or terminate a civil legal relationship.
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Legal relations refer to social relations with legal rights and obligations formed by legal norms in the process of adjusting people's behaviors. Subjective forms of real social relations.
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Hello, to put it simply: it includes the subject of the contractual legal relationship, the object of the contractual legal relationship, and the content of the contractual legal relationship.
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If the reason for the suspension of work is not caused by the employer, it shall be resolved through negotiation within 60 days, and the employer has no obligation to compensate. If the cause of the shutdown is caused by the employer, the employer shall be liable for the loss of 95 days of shutdown.
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A contract, as the name suggests, is between the two parties"Total"and"Agreed"results.
The general guiding principle of the contract is the autonomy of the parties, which means that the parties can freely agree on the rights and obligations of the parties to the extent that they do not violate the mandatory provisions of the law.
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Restrain the parties' civil and commercial legal acts and maintain order.
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The contract is the constitution of the rights of the parties. If there is no agreement in the contract (except as provided for by law), there is no right.
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Contract law is the domain of civil law. Contract Law is a general term for the legal norms that regulate the establishment, modification, and termination of civil rights and obligations between natural persons, legal persons, and their organizations that are equal subjects. Civil law refers to the general term of legal norms that regulate property relations and personal relations between equal subjects.
There are two views on civil law in academics, the integration of civil and commercial law and the separation of civil and commercial law. China's current legislation adopts the legislative viewpoint of the integration of civil and commercial law, and believes that the General Principles of the Civil Law is the basic law of the legal department of civil law, and the civil and commercial laws such as the Contract Law, the Property Law, and the Company Law all belong to the scope of the civil law.
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Hello, the contract law is the law on the rules of market transactions, which is closely related not only to the business activities of operators, but also to the lives of the people"It is applied most frequently"one of the laws.
In general, contract law is a law that restricts the formulation and validity of contracts, and falls within the scope of civil law.
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The laws adopted by the Second Session of the National People's Congress are basic laws, and the laws adopted by the National People's Congress are general laws.
The Contract Law of the People's Republic of China was passed by the Second Session of the Ninth National People's Congress of the People's Republic of China on March 15, 1999, and is hereby promulgated to take effect on October 1, 1999.
Article 7 of the Legislation Law: The National People's Congress and the Standing Committee of the National People's Congress exercise the legislative power of the State.
The National People's Congress enacts and amends criminal, civil, state institutional and other basic laws.
The Standing Committee of the National People's Congress formulates and amends laws other than those that shall be enacted by the National People's Congress; When the National People's Congress is not in session, partial supplements and amendments to laws enacted by the National People's Congress may be made, provided that they do not contradict the basic principles of the law.
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Contract law belongs to the Labor Contract Law.
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According to the provisions of China's Contract Law, the binding force of a contract refers to the validity of a contract established in accordance with the law, and both parties need to perform the contract in accordance with the law and the contract.
Legal basis] Article 8 of the Contract Law of the People's Republic of China: A contract established in accordance with the law shall be legally binding on the parties. The parties shall perform their obligations in accordance with the agreement and shall not modify or terminate the contract without authorization. Contracts established in accordance with the law are protected by law.
Hey, sister, let's open it up Hating a person is very tiring and painful Now that you're doing well and you're ready to get married, why do you still think about the past Men, I'm the kind of person who gives a little sunshine and the river floods When will I repay each other If you keep taking revenge like this, then you will be trapped in the days of fighting against him for the rest of your life, and it will not be good for your future family Forget it Anyway, you also have someone you really love You should be forgiving and forgiving People It can be regarded as a clean picture for yourself Hehe I wish you a good old age.
People who are suspicious are prone to revenge. When there is a conflict with others, it is easy to suspect and blame others, and a revenge mentality will arise.
Of course, dressing up is to please yourself, no matter what kind of clothes you want to wear, what kind of dress you look like, as long as you like it, you can do it, there is no need to change yourself because of the eyes of others, then you will feel very tired, it is very unworthwhile.
To be vain about others means to spend your own room, for the sake of others, and to forget for yourself is to forget about this matter!
No citizen shall be arrested without the approval or decision of the people's procuratorate or the decision of the people's court, and is enforced by the public security organs. >>>More