Please legal people my confusion, there is a legal question that expresses confusion. Ask for help

1. You can get compensation, and the compensation method is as follows.

2. If an individual is unwilling to sign, he or she cannot be compensated.

Labor Contract Law of the People's Republic of China.

Article 47 Economic compensation shall be paid to the laborer according to the standard of one month's salary for each full year of the worker's service in the unit. If it is more than six months but less than one year, it shall be counted as one year;If it is less than six months, the worker shall be paid half a month's salary.

If the monthly wage of a worker is three times higher than the average monthly wage of the employee in the previous year as announced by the people of the municipality directly under the Central Government or the city divided into districts where the employer is located, the standard of severance shall be paid to him at the rate of three times the average monthly wage of the employee, and the maximum period of payment of severance shall not exceed 12 years.

The term "monthly wage" mentioned in this article refers to the average salary of an employee in the 12 months prior to the termination or dissolution of the labor contract.

Article 36 An employer may terminate a labor contract if it reaches a consensus with a worker through consultation.

Article 44 The labor contract shall be terminated under any of the following circumstances:

1) The expiration of the labor contract;

2) The worker begins to enjoy the basic pension insurance benefits in accordance with the law;

3) The worker dies, or is declared dead or missing by the people's court;

4) The employer has been declared bankrupt in accordance with the law;

5) The employer's business license has been revoked, ordered to close down, or revoked, or the employer has decided to dissolve ahead of schedule

6) Other circumstances provided for by laws and administrative regulations.

Article 46 Under any of the following circumstances, the employer shall pay economic compensation to the worker:

1) The worker terminates the labor contract in accordance with the provisions of Article 38 of this Law;

2) The employer proposes to terminate the labor contract to the employee in accordance with the provisions of Article 36 of this Law and terminates the labor contract through consultation with the employee;

3) The employer terminates the labor contract in accordance with the provisions of Article 40 of this Law;

4) The employer terminates the labor contract in accordance with the provisions of the first paragraph of Article 41 of this Law;

5) Except in the case where the employer maintains or improves the agreed conditions of the labor contract and the employee does not agree to renew the labor contract, the fixed-term labor contract is terminated in accordance with the provisions of Paragraph 1 of Article 44 of this Law;

6) Termination of the labor contract in accordance with the provisions of Paragraphs 4 and 5 of Article 44 of this Law;

7) Other circumstances provided for by laws and administrative regulations.

The unit does not have the original contract to compensate, probably one month's salary every year, and the individual does not want to sign it, generally not, unless the company can negotiate with them for downsizing.

1. The brand is not specified.

2. The non-refundable clause only binds the mall itself and has no legal effect on consumers.

3. The right to interpret the activity, if there are multiple interpretations, it should be determined according to the interpretation that is unfavorable to the shopping mall.

Just standard terms, don't worry, as a buyer, your rights and interests are no different from the buyers when buying and selling ordinary goods, compare them!

Item D is certainly not a transformative robbery, just look at the transformational robbery.

According to the age of criminal responsibility stipulated in the Criminal Code, the age of criminal responsibility is 16 years old, except for the eight crimes prescribed by law, which is 14 years old, and the age of 16 years is considered to be under the age of 16 on the day of the birthday. Therefore, A is not criminally responsible.

B constitutes intentional homicide; c. Constitutes intentional injury causing serious bodily injury; D's act was not a converted robbery, which was the use of violent means to escape arrest in the process of robbing or otherwise obtaining the public or private property of others, and in this case, Ding did not use violence against the private enterprise, and the object of the robbery could not be a unit, so D did not constitute a converted robber.

The answer is C, which constitutes the crime of intentional injury (causing serious injury), and the robbery clause can only be applied to the ringleader by gathering a crowd to rob the ringleader.

Article 289: [Provisions on the Handling of Acts of Assembling Crowds to 'Smash and Loot'] Where a crowd is assembled to 'smash and loot', causing injury or death, it is to be convicted and punished in accordance with the provisions of articles 234 and 232 of this Law. Where public or private property is destroyed or stolen, in addition to ordering restitution, the ringleaders are to be convicted and punished in accordance with the provisions of Article 263 (Robbery) of this Law.

Article 10 of the Supreme People's Court's January 2006 Interpretation on Issues Concerning the Specific Application of Law in the Trial of Juvenile Criminal Cases provides that "a person between the ages of 16 and 18 who commits the crime of theft, fraud or robbery, and who uses violence or threatens violence on the spot in order to conceal stolen goods, resist arrest or destroy criminal evidence, shall be convicted and punished in accordance with the provisions of Article 269 of the Criminal Law", while "a person between the ages of 14 and 16 who has reached the age of 14 or 16 steals, defrauds or robs other people's property for the purpose of harboring stolen goods, Those who resist arrest or destroy criminal evidence, use violence at the scene, intentionally injure a person causing serious injury or death, or intentionally kill a person, shall be convicted and punished as the crime of intentional injury or intentional homicide, respectively. ”

The answer is right, think again.

1. The labor relationship can be terminated immediately through negotiation, and the labor relationship can be terminated immediately with the consent of both parties. Both parties also signed an agreement to terminate the employment relationship immediately.

2. The leave of paternity leave is necessary, but before the employee terminates the labor relationship, he or she must submit a letter of resignation to the company in writing 30 days in advance, that is, the company has a buffer period after the employee formally submits a written resignation application. It is acceptable for him to want to be released immediately, but it is acceptable for him to cancel immediately after enjoying the leave.

3. Try not to terminate the contract immediately unilaterally to avoid labor disputes.

This comrade's behavior is indeed excessive, but there is no way but to punish him, because the written time for his resignation is July 10, and now it is June 30, and those ten days are his legal holidays, he came prepared, and he can only give ten days' salary! In your case, the company does not have the right to terminate the contract immediately. Unless someone else is not!

should constitute the crime of fraud; The starting point for the crime of selling counterfeit and shoddy products is 50,000 yuan.

The larger amount of money in this crime stipulates that individuals defraud public or private property of more than 2,000 yuan;

According to the facts of the case, its claim is not established, because according to the judgment of ordinary people, if they do not know that the mobile phone is a high imitation, can 2,000 yuan buy 8,000 yuan of **, the difference is too large, and it is obviously not established.

Wealth is secondary and you can keep it for later. Thank you very much for being able to ask such a high quality question, all of you.

The crime of producing or selling counterfeit or shoddy products refers to the conduct of producers or sellers adulterating or adulterating products, passing off fake products as genuine, shoddy products, or substandard products as qualified products, with a sales amount of 50,000 yuan or more. Therefore, it does not constitute this crime. In judicial practice, I have a case of selling counterfeit and shoddy products to 120,000 key projects in Hebei Province for more than 2 million yuan, but no case has been filed.

As for the judicial interpretation and the superficial understanding of the law, it is suspected of fraud. Buying a mobile phone far below the market** is determined to be knowing or should have known that it is a fake, which can be accepted by the civil court in judicial practice, but in criminal cases, the presumption of guilt has been publicly discussed. Therefore, it will not be determined in judicial practice.

So it's not a criminal case, it's a civil dispute.

1. The starting sentence for selling counterfeit and shoddy products is 50,000 yuan.

Article 140 of the Criminal Law: Where a producer or seller adulterates or adulterates a product, passes off a fake product as genuine, shoddy or a substandard product as a qualified product, and the sales amount is between 50,000 and 200,000 RMB, he shall be sentenced to fixed-term imprisonment of not more than two years or short-term detention and/or a fine of not less than 50 percent but not more than two times the sales amount; where the sales amount is between 200,000 and 500,000 RMB, a sentence of between two and seven years imprisonment and a concurrent fine of between 50 and 2 times the sales amount is to be given; where the sales amount is between 500,000 and 2,000,000 RMB, a sentence of 7 or more years imprisonment and a concurrent fine of between 50 and 2 times the sales amount is to be given; where the sales amount is more than 2,000,000 RMB, the sentence is 15 years imprisonment or life imprisonment, and a concurrent fine of between 50% and 2 times the sales amount or confiscation of property.

Therefore, A's actions can only be compensated for civil damages, which is not enough to criminalize and is not punished.

2. If A claims that it is unknown, it is invalid. A buys a mobile phone at 25% of the market price, and it is reasonable to infer that he should have known that the mobile phone was defective, or a copycat or stolen goods, so his claim that the mobile phone is not defective is invalid. Twenty years ago, when the focus was on cracking down on mobile phone theft, many people who bought stolen mobile phones and claimed to be unknown were still criminalized.

The problem is that the amount of A is too low to qualify.

Fraud. A's conduct satisfies the constitutive elements of the crime of fraud.

First, the perpetrator committed fraud. Fraud includes two types of formal acts, one is the fabrication of facts, and the other is the concealment of the truth, both of which are essentially acts that cause the victim to fall into a false understanding. Second, fraud creates a false perception on the other side.

The other party's misunderstanding is caused by the actor's fraudulent acts, and even if the other party has a certain error in judgment, it does not prevent the establishment of the fraudulent acts. Thirdly, the establishment of the crime of fraud requires the victim to dispose of property after falling into a misunderstanding. Finally, when the fraud causes the victim to dispose of the property, the perpetrator acquires the property, thereby causing damage to the victim's property.

According to article 266 of the Criminal Law, only when the amount of public or private property defrauded is relatively large, it constitutes a crime. According to the latest judicial interpretation adopted at the 49th meeting of the 11th Supervision Commission of the Supreme People's Procuratorate on November 24, 2010, the amount of fraud is relatively large, starting from 3,000 yuan to more than 10,000 yuan. Where fraud is attempted and the circumstances are serious, it shall also be convicted and punished in accordance with law.

1. You go to another place to file labor arbitration, this is your right, your freedom. However, the labor department may reject your request on the grounds that the place where the labor is performed is not within their jurisdiction and does not have jurisdiction.

2. According to the content of your description, the other party's behavior does not constitute fraud under the Criminal Law, although you can go to the public security bureau to file a complaint, but the public security will clearly tell you that this is a civil dispute and does not belong to their active jurisdiction. In addition, wage arrears are not currently a crime in Chinese mainland.

3. If you ask a lawyer to run errands for you to recover your wages to a certain extent, because the other party has not paid your wages on time and has delayed your behavior, you can ask the other party to compensate the bank interest for the same period in labor arbitration. However, the interest you receive is not enough to pay the fees of a commercial lawyer, and although the lawyer who asks for legal aid does not have to pay the lawyer's fee, the other party is not as motivated as the commercial lawyer.

If Xiao Ming is already an adult, then this case is oscillating between intentional homicide and manslaughter, and Xiao Ming's parents do not bear legal responsibility;

If Xiao Ming is a minor and under the age of 16, he will not bear legal responsibility, but his parents will be liable for civil compensation;

If Xiao Ming is over 16 years old and under 18 years old, he will bear part of the legal responsibility; Xiao Ming's parents are liable for civil damages.

Well, this has already constituted the crime of intentional homicide. Because Xiao Ming's behavior constitutes an indirect intentionality. However, the punishment is not too severe. Xiao Ming's parents are not responsible.

Is there a bit of a problem like helping the elderly?

It depends on Xiao Ming's age.

In such cases, the employment of ordinary employees is generally not investigated. The main thing is to catch the legal representative, executives, etc.

If you are just an ordinary employee, you will not be penalized for selling counterfeit drugs. Unless you knowingly sell a counterfeit drug. Of course, the prosecution will need to prove that you knew or could not have known. It's difficult, so people don't usually look into small shrimp.

If you are a senior manager, you may be penalized for selling counterfeit medicines. Because it's easy to prove that you knew or couldn't have known. Insiders of some of the company's products are fully accessible to legal representatives and executives. The prosecution can be sure of proof.

The prosecution can only be prosecuted if the evidence is conclusive. Otherwise, it will be sent back to the public security for investigation and evidence collection. Lack of evidence has little chance of success in court, and the prosecution will be ugly and will be questioned about their ability to do their job.

If you know the relationship between the three parties, you won't bother about this matter.

In the general case, defamation is malicious slander by insulting the personal dignity of others or fabricating facts, and it needs to cause certain negative consequences to the victim in order to be satisfied. Verbal conflicts, I think, should be limited to the moral level. Besides, if he claims that you slander him, did he record your verbal attacks on each other?

Or are there many more people on the scene to testify? If it were not for the fact that there was no evidence at all for his claims, it would not have been possible to obtain judicial support. In the face of disputes in life, you should try to restrain yourself, so as not to cause unnecessary trouble to yourself, because quarrels can not solve any substantive problems at all, more said to be happy, this way is not only unhealthy, but also may bring you losses, for a simple example, you and 1 old man quarrel because of trivial matters, we all know that the elderly have high blood pressure, arteriosclerosis and other geriatric diseases, which is common, and people are more likely to be excited in quarrels, a high blood pressure, a high blood pressure, In case of cerebral hemorrhage, whether it is due to cerebral hemorrhage or paralysis, you need to bear the corresponding civil liability, because you have not had any physical contact with the elderly, just because the old man's blood pressure rises and causes cerebral hemorrhage. High blood pressure and arteriosclerosis in the elderly are the internal causes of the accident, and you quarrel with the elderly is the external cause of the accident, which belongs to multiple causes and one effect, obviously you need to bear a certain civil liability for compensation, this kind of case has been too numerous in China, and modern people's sense of rights protection is very strong, so in this era of disputes, it is simply not feasible to solve the problem by quarrelling, and it is easy to bring trouble to yourself, so the law will not now, and will not provide for self-defense in the future. Doesn't that mean encouraging people to quarrel? Only when one's own person or property or the person or property of another person is subjected to ongoing unlawful infringement can a legitimate defense that is commensurate with the possible consequences of the criminal act be adopted, and the purpose of the defense is to restrict and control the crime, and the legitimate defense should be stopped immediately after the crime is stopped.

Therefore, it is recommended that you stop solving problems in the form of quarrels, and that your problems should not be held accountable at all, and that you can live a healthy life in the future.