Because of the fight caused by moving the car, the lawyer helped analyze it from a legal point of vi

Updated on society 2024-05-08
26 answers
  1. Anonymous users2024-02-09

    The answer is as follows:

    1. They do not have the right to detain the car and the car, but they have the right to detain the steering wheel lock and the two of you, according to Article 43 of the Public Security Punishment Law: Anyone who assaults another person or intentionally harms another person shall be detained for not less than 5 days but not more than 10 days, and shall also be fined not less than 200 yuan but not more than 500 yuan; where the circumstances are more minor, they are to be detained for up to 5 days or fined up to 500 RMB;

    Clause. 2. No matter who does it first, as long as you do it, you will definitely be at fault, so you should bear the liability for compensation to the injured person according to your fault, based on Article 6 of the Tort Law: the actor shall bear tort liability if he infringes on the civil rights and interests of others due to his fault;

    Clause. 3. As far as your description is concerned, it is not justifiable defense, so it is not excessive defense, your description is "he scolded me, and then there was a conflict", according to your description, the actions of both of you are a fight, and there is no question of justifiable defense;

    Clause. 4. If it is a minor injury, you are suspected of the crime of intentional injury and can be investigated for criminal responsibility in accordance with the law. Therefore, no matter what the injury is and whether it will be investigated for criminal responsibility, you must take the initiative to reconcile with the other party or accept the mediation of the police station, otherwise you will definitely lose money and be punished in the end, and if you reach the level of minor injury, you will be subject to criminal sanctions;

    Clause. 5. It is strongly recommended to reconcile with the other party or accept mediation, which is a trivial matter, and it is best to make it a trivial matter, which is a good thing for both parties, and there is no need to deal with it as a big matter.

  2. Anonymous users2024-02-08

    In accordance with the "Provisions on the Handling of Injury Cases by Public Security Organs", the police station will investigate the case and handle it separately based on the conclusion of the victim's injury evaluation;

    It is not right to impound a vehicle and a driver's license or driving license.

  3. Anonymous users2024-02-07

    First of all, I am not a lawyer, I am a police officer, I hope to help you, 1. First of all, you have to tell me the extent of the injuries of the person you injured. 2. Do you have any injuries, and if so, what is the extent of your injuries? 3. In addition to the two sides of the fight, are there any other circumstantial evidence?

  4. Anonymous users2024-02-06

    This kind of small brawl is generally dealt with in accordance with the Public Security Administration Punishment Law, and regarding the question of your car, from your description, it appears that there is no friction between the two cars, and it should not be impounded. You can file an administrative reconsideration to demand the return of the impounded vehicle and ask the police to pay for the parking.

  5. Anonymous users2024-02-05

    You should say carefully, such as they use ** did not etc.

  6. Anonymous users2024-02-04

    When you go to someone else's house, whether they refuse you to enter the door is one thing. Whether you pick and choose and do it first is the second one. The severity of the attack and the degree of damage are the third.

    The most important thing is the basis for you to ask for money and the action of money. If you know that the other party is borrowing money illegally or not protected by law, then you will only lose both.

  7. Anonymous users2024-02-03

    The one who makes the first move and the one who starts the first step has nothing to do with whether he owes money or not.

  8. Anonymous users2024-02-02

    It's best to find someone in society to fix each other, that's the best policy.

  9. Anonymous users2024-02-01

    Then you have to have an IOU (if it's a gambling account, then the law doesn't recognize or protect it), and it depends on who does it first.

  10. Anonymous users2024-01-31

    Lawyers belong to the superstructure, it is not an organized group, it is not a state organ, it is the only superstructure of a civil nature, and it is a superstructure of the ** type. The power of the superstructure depends on the legal status of the person in society and the state as a whole. In order for lawyers to realize the function of the legal tool of the superstructure and improve the status of the person being in the law, they need a stage to display the function of the tool, and they must recognize the role of lawyers in a society ruled by law.

    First, lawyers are proficient in laws and regulations, including substantive law and procedural law, and have the ability to investigate cases, and not only that, lawyers have also developed the habit of thinking from a legal perspective, can properly link the specific case in front of them with legal norms, put forward claims with a certain degree of objectivity and persuasiveness through legal reasoning, and prompt them to the court in a timely manner.

    Second, on the basis of his knowledge of laws and regulations and legal reasoning ability, lawyers can also organize and debate arguments and evidence materials in favor of their clients in a logically rigorous and complete manner according to specific cases, and such debates are not necessarily directly related to the creeds or likes and dislikes held by the lawyer.

    Third, the lawyer should be familiar with the practice of law, especially the practical matters related to litigation. To be a good lawyer, you often gradually grasp and master various procedural techniques after repeatedly handling a large number of cases, which is not only a matter of knowledge, but also includes experience and skills. This is clearly something that the parties do not have.

    Fourth, in terms of the relationship with the case or dispute itself, the parties themselves are direct stakeholders and can often only approach the litigation from their own subjective standpoint, while the lawyer can maintain a certain distance and grasp the situation objectively and calmly because the case is essentially a problem of others.

    Fifth, lawyers, as persons engaged in specialized professions, are subject to the special ethical norms of professional groups. Although he is in the same legal profession as the judges, the lawyer is not an appendage to the judiciary and participates in the proceedings from an independent position in the middle.

    It is irreplaceable for a lawyer to participate in litigation as a person. If we think from the perspective of the judicial process, the necessity of the lawyer is more reflected in its role in guaranteeing judicial justice.

  11. Anonymous users2024-01-30

    Lawyer! Of course, it's a loophole in the law! I haven't heard of "law school hooligans running around the streets", knowing the law and breaking the law!!

  12. Anonymous users2024-01-29

    Accept the entrustment of natural persons, legal persons or other organizations to serve as legal counsel.

    Accept the entrustment of the parties to civil cases and administrative cases, serve as the first person, and participate in the litigation.

    Accept the retention of criminal suspects or defendants in criminal cases or accept the appointment of legal aid institutions in accordance with law to serve as defenders, and accept the entrustment of private prosecutors in private prosecutions, victims of public prosecutions, or their close relatives, to serve as ** persons, and participate in litigation.

    Accept entrustment, ** appeals in various litigation cases; Accept entrustment and participate in mediation and arbitration activities.

    Accept entrustment to provide non-litigation legal services; Answering inquiries about the law, litigation documents and other documents related to legal matters.

  13. Anonymous users2024-01-28

    In the eyes of ordinary people, a lawyer is a lawsuit.

  14. Anonymous users2024-01-27

    In litigation, the main function of a lawyer is to help the parties protect their legitimate rights and interests, collect evidence, put forward reasons and apply legal opinions, etc.; In legal services, such as providing legal advice to enterprises, doing a good job of legal counsel, preventing disputes, etc.

  15. Anonymous users2024-01-26

    Escort enterprises, enhance the competitiveness of enterprises, and promote the development of enterprisesCorporate legal counsel can comprehensively use their mastery and accumulation of legal knowledge, economic knowledge and practical skills, combined with the specific situation of the enterprise's business model, financial situation, market influence, industry characteristics, etc., thoroughly analyze and prevent legal risks, weigh the advantages and disadvantages of a variety of legal solutions, and take the maximization of corporate interests as the starting point, and effectively identify, avoid and resolve legal risks before they arise or in the embryonic state. It greatly reduces the cost of legal risk and dispute resolution, and effectively guarantees the steady and rapid development of the company.

    It is conducive to the establishment of internal supervision and risk control mechanisms for enterprises.

    By undertaking legal affairs such as restructuring and reorganization, bidding and bidding, business negotiation, contract management, intellectual property protection, industrial and commercial registration, litigation and arbitration, the corporate legal counsel truly integrates the work of corporate legal counsel into the management of the enterprise, thereby eliminating the occurrence of some violations of national laws and regulations and financial discipline, promoting the decision-making, operation and management of enterprises in accordance with the law, and safeguarding legitimate rights and interests in accordance with the law, so as to effectively avoid economic losses caused by the lack of legal awareness of enterprises.

    It just so happens that I have learned and I hope it can help you

  16. Anonymous users2024-01-25

    1. Provide consultation;

    2. Help enterprises improve various rules and regulations;

    3. Litigation for enterprises;

    4. Help the company do some chores.

  17. Anonymous users2024-01-24

    The most important role of a lawyer is not to litigate after an enterprise has a problem, but to control the risk of the enterprise. A good consultant lawyer should be able to ensure that the company has no disputes, or even if there are problems, the lawsuit will be won. That is, to eliminate the risk in the early process design and specification implementation mode.

    A lawyer is not a tool for litigation, but a corporate risk controller. I don't know if your counsel will be able to do that.

    If you need it, you can call the following ** exchange.

    Lawyer Qin, Enterprise Risk Controller, Suzhou Branch of Beijing Yingke Law Firm

  18. Anonymous users2024-01-23

    When there is nothing to do, he is a legal adviser, and when there is something, he helps the company to fight a lawsuit.

  19. Anonymous users2024-01-22

    The effect is too big, and I can't say it clearly.

  20. Anonymous users2024-01-21

    1.Is it a crime to swear? This question is more general.

    The law only stipulates that the right to reputation of others cannot be infringed upon. Whether your insult to others is considered an infringement of others' right to reputation also needs to be considered comprehensively from many aspects. Generally, this kind of neighborhood dispute may involve a violation of the public security management order, which is managed by the public security, and may be fined, warned, serious or detained for up to 15 days.

    Generally does not rise to the level of a crime.

    2.The company's solution seems biased and unfair. If the labor contract is terminated, there should be a statutory reason for it.

    3.Assault is considered to be bodily harm to another person, which is generally classified as a violation of the public security administrative order, and if it causes minor injuries, it can be convicted of intentional injury. Threats and intimidation are dealt with in much the same way.

    4.Because of the company's improper handling, I suggest that your mother apply for labor arbitration, and the reason for the appeal is that the company terminated the labor contract in violation of regulations, and it is necessary to pay attention to collecting evidence at present. It's not clear here.

    You can go to the labour department or the Legal Aid Office to inquire about these matters. The amount of compensation that can be arbitrated is also considerable.

    In addition, if the company fine is not stipulated by internal rules and regulations, it is illegal, and your mother can get it back.

  21. Anonymous users2024-01-20

    There are many such things to go. The company has the right to dismiss its own employees if the company has regulations. If you feel that your mother was fired and received less than the company should have paid, then you can apply to the labor arbitration commission for arbitration in accordance with the employment contract, so that if the company is at fault, then you can be compensated accordingly.

  22. Anonymous users2024-01-19

    1. Ordinary scolding, not as common "national scolding", this is not a crime, of course, scolding is not advocated by us, if you really want to scold, it is best not to swear words.

    2. I don't know if there is a labor contract, if there is, take a look for yourself, and generally there will be under which circumstances the company has the right to dismiss employees.

    4. Go to the local labor arbitration commission to apply for labor arbitration, and if there is no result, you can also sue the company to court.

  23. Anonymous users2024-01-18

    Hitting and scolding is wrong regardless of who commits it, but it is not necessarily a reason to fire an employee. Therefore, your mother can go to the labor arbitration commission to file an arbitration and ask for resumption.

  24. Anonymous users2024-01-17

    If the company terminates the labor contract illegally, it must pay double economic compensation, and overtime pay must be paid in accordance with the law. It is possible to apply for labor arbitration.

  25. Anonymous users2024-01-16

    Writer Yang Daxia expressed that revenge has become a reason to be a man, because the education we received since childhood is that "revenge is not revenge, and it is not a gentleman"; is "this revenge will not be avenged, and the oath will not be a man"; It is "revenge from the father and revenge of the son"; It is "hating a little non-gentleman, no poison and no husband". How many people have sacrificed their lives for righteousness and killed themselves, and their expectation is that one day they will hate and hate!

  26. Anonymous users2024-01-15

    Morality is a general norm, while law is a peremptory norm. Therefore, when we analyze and think about problems, in general, we must conform to both moral standards and the will of the law. However, when morality and law conflict, we can only stand from the perspective of law.

    For example, inducing labor, if you stand within the framework of morality, it is inhuman; But if you stand on the level of the law, it is in line with it. This is inhuman, but it is legal, and in the end it should be judged by a mandatory law.

    Revenge can only increase the hatred, and if you can, being able to let go is the best choice.

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