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1. The contract signed between Company A and Company B is invalid; 2. The loss of the safety accident has nothing to do with the contract, and the contract on the responsibility for the accident is invalid; 3. The loss shall be borne jointly by Party A and Party B, and Party A shall permit Party B to mine without qualification without obtaining a mining license, and shall be jointly and severally liable for compensation for the loss of a mining accident with Party B.
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The contract between Company A and Company B shall be deemed invalid, and Company A shall be invalid due to the lack of a mining license and the violation of the mandatory provisions of the law. The contract has no legal effect on the internal bar, but it has legal effect externally, and Company A should bear legal responsibility for the safety accident if it is not in place. Therefore, Company A and Company B should bear joint and several legal liability for the loss of the deceased.
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The validity of a contract refers to the legal binding force between the parties to a contract that has been established, that is, legal effect.
This "legal effect" does not mean that the contract itself is law, but that since the will of the parties to the contract conforms to the will of the state and the interests of society, the state gives binding force to the will of the parties to the contract, requiring the parties to the contract to strictly perform the contract, otherwise relying on the coercive force of the state, the parties are required to perform the contract and bear the liability for breach of contract. There are three contents:
In terms of rights, the rights of the parties are protected in accordance with the law.
In terms of obligations, the parties should perform their contractual obligations as agreed in the contract, otherwise they will bear the liability for breach of contract.
Binding force on a third party under certain conditions. Features: Only contracts established in accordance with the law are valid and protected by law.
The validity of a contract is manifested as a binding and coercive force on a specific subject. However, a third person is involved under certain conditions.
The validity of a contract is conferred by law and is the embodiment of legal effect.
Answer: 1. The signing of A and B is invalid! Only a contract established in accordance with the law is valid and protected by law.
Where the legally-designated representative or responsible person of a legal person or other organization concludes a contract beyond his authority, and the counterpart knows or should know that he has exceeded his authority, the contract is invalid. A has no mining rights! 2. Cause and effect!
3. If the labor contract is confirmed to be invalid in accordance with Article 26 of the Contract Law and causes damage to the other party, the party at fault shall be liable for compensation. Both parties A and B bear it! I'm sorry, that's all I know!
I happen to be studying law, so you should do your homework!
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1. Constituting the crime of robbery is a transformative robbery as provided for in Criminal Law article 263, where theft is committed in order to resist arrest and violence is used on the spot or threatened with violence, it is transformed into robbery. Among them, although Xu is under the age of 16 (he only turned 16 on the second day of his birthday), he is not criminally responsible for theft, but he should be criminally responsible for robbery.
2. Covering up or concealing criminal proceeds or the proceeds of criminal proceeds He clearly knew that they were criminal proceeds and the proceeds thereof, and concealed, transferred, purchased, or sold them on his behalf.
3. Incorrect, Article 84 of the Criminal Law stipulates that public security organs shall accept reports, accusations, and reports. Where it is not within their own jurisdiction, it shall be transferred to the competent organs for handling, and the informant, accuser, or informant shall be notified; Where emergency measures must be taken that are not within their jurisdiction, they shall first take emergency measures and then transfer them to the competent organs.
4. I'm not sure, I may need to investigate the scene and let Wang check the injury.
5. It does not constitute a recidivism, and the Eighth Amendment to the Criminal Law, which came into effect in May this year, excludes crimes committed by persons under the age of 18 from the scope of ordinary recidivism.
6. Composition: According to the "Supreme People's Court Interpretation on Several Issues Concerning the Specific Application of Law in Handling Voluntary Surrender and Meritorious Service", it was not on the initiative of the criminal suspect, but was persuaded and accompanied by relatives and friends to surrender; Where the public security organs notify the criminal suspect's relatives and friends, or where the relatives or friends voluntarily report the case and send the criminal suspect to surrender, it shall also be viewed as voluntary surrender.
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1. Xu X does not constitute a crime. Article 10 of the "Supreme People's Court Interpretation on Several Issues Concerning the Specific Application of Law in the Trial of Juvenile Criminal Cases" Where a person who has reached the age of 14 but is not yet 16 years old steals, defrauds, or robs others' property, uses violence at the scene, intentionally injures a person causing serious injury or death, or intentionally kills a person, in order to conceal stolen goods, resist arrest, or destroy criminal evidence, they shall be convicted and punished as the crime of intentional injury or intentional homicide, respectively. In this case, Xu was under the age of 16 on his birthday, and he did not bear criminal responsibility for the crime of theft, nor did it constitute a transformative robbery, because Wang only constituted minor injuries.
It should be handled in accordance with the public security administration regulations.
Zhu was 16 years old, so it constituted a transformational robbery.
2. Li: Covering up and concealing criminal proceeds and the proceeds of criminal proceeds.
3. Incorrect. This case has jurisdiction over City B. It is the place where the crime was committed.
4. The conditions for filing and investigating the case are as follows: (1) There are facts of a crime, that is, in a case that has already been accepted, the criminal suspect's conduct has violated the criminal law and constitutes a crime. This kind of criminal fact already exists objectively and is not subjective speculation; It has been proven, and it is not unfounded.
2) Need to Pursue Criminal Responsibility Where the level of criminal responsibility is reached, the approval of the filing of a case shall be approved by the responsible person of the county-level public security organ, and the director shall not have the authority.
5. It does not constitute a situation. Amendment 8 to the Criminal Law stipulates that minors are not eligible subjects for recidivism.
6. Composition. There are two reasons: first, voluntarily surrendered; 2. Confessing to the facts of the crime.
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Case 1, because his state of mind was intentional, it constituted an act of intentional harm, and depending on the degree of injury, it may constitute the crime of intentional injury.
In the second case, both Minghua are liable for compensation (joint and several), and Eye A is personally compensated.
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There is no dispute about the real question, just look at the answer.
The answer refers to the weicnf above.
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