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In practice, it is required to pay an auction deposit, otherwise they will not be eligible to participate in the auction. If the bid is successful, the deposit will be discounted against the price; If the bid is not successful, the deposit will be refunded, but the interest will not be borne during this period.
Although the law does not clearly stipulate that the auction must pay a deposit, those who intend to participate in the auction must sign the auction rules, auction instructions and other legal documents before receiving the auction qualification, which must stipulate the auction deposit.
For example, the reason why Chinese merchants auctioned the beast heads in the Old Summer Palace was to take advantage of the loophole of the auction house's exemption from the deposit for regular customers. In the French legal system, such malicious acts can constitute a crime in serious cases.
However, China's current law does not mandate a security deposit, and the auction agency shall agree with the buyer on its own.
Only Article 39 of the Auction Law stipulates that: "The buyer shall pay the price of the auction object in accordance with the agreement, and if it fails to pay the price as agreed, it shall bear the liability for breach of contract, or the auctioneer shall re-auction the auction object with the consent of the consignor." ”
Article 56 The consignor and the buyer may agree with the auctioneer on the proportion of the commission.
If the consignor, the buyer and the auctioneer have not agreed on the proportion of the commission, and the auction is concluded, the auctioneer may charge the consignor and the buyer a commission not exceeding 5% of the auction price. The proportion of commission charged shall be determined in accordance with the principle of inverse proportion to the auction price.
If the auction is not concluded, the auctioneer may charge the consignor the agreed fee; If no agreement is made, the consignor may be charged a reasonable fee for the auction.
Article 57 Where the auction of an item provided for in Article 9 of this Law is concluded, the auctioneer may collect from the buyer a commission not exceeding 5% of the auction price. The proportion of commission charged shall be determined in accordance with the principle of inverse proportion to the auction price. Where the auction is not concluded, the provisions of paragraph 3 of Article 56 of this Law shall apply.
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The terms of the auction are agreed between the organizer of the meeting and the participants of the auction, and the parties sign an auction agreement, which will stipulate the following terms:
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A very boring question, national law is a general concept, according to the nature, effectiveness of different divided into laws, regulations, departmental rules, local regulations and other normative documents formulated by provinces and cities, basically involving all aspects of the national economy and people's livelihood, and with the social and economic development is constantly emerging new things, maybe I have new regulations when I answer you, so this thing can not be accurately counted.
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Law is the sum total of norms of conduct formulated or approved by the state in accordance with the interests and will of the ruling class, and guaranteed by the coercive power of the state, including various written and unwritten laws such as constitutions, laws (in a narrow sense), decrees, administrative regulations, ordinances, rules, precedents, customary laws, etc. Law belongs to the category of superstructure, which is determined by and serves the economic base. The purpose of law is to maintain social relations and social order in favor of the ruling class, and it is an important tool for the ruling class to achieve its rule.
Therefore, law is a social phenomenon peculiar to class society, which arises and develops with the emergence and development of classes and class struggles, and will disappear by itself with the elimination of classes and class struggles.
The Latin word "jus", the French droit, the German recht, and the Russian all have the meaning of "fairness" and "justice". Judging from the etymology of "law", although they all mean fairness and justice, in a class society, different classes have different concepts of fairness and justice, and what law embodies can only be the concepts of fairness and justice of different ruling classes.
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1. On the surface, the law is coercive, and everyone is equal before the law.
2. However, as a Chinese law with a non-independent judiciary, there is only an empty shelf left, and if it encounters the interference of the party and government, the law is a waste...
3, So, when you need it, you have to pray that the other party is not an administrative organ or a party organization, and you also have to pray that the other party has less money than you, or less than you stuff...
4. Even if you win in the end, you still have to hope that the court can enforce it...
Characteristics of the law:
l. Law is a general, universal and rigorous code of conduct.
Normativity is its primacy, which means that the law provides patterns, standards, patterns, and directions for people's behavior
Generalization refers to the fact that it is a pattern that people highly abstract from a large number of practical, concrete behaviors
Universality means that the standard of conduct provided by the law is applicable to all citizens in accordance with the law, and no exceptions other than those provided for by law are allowed, that is, "all persons are equal before the law" and "the same situation is treated".
Rigor is another important feature of the law, and the elements that make up a law are legal principles, legal concepts and legal norms
Each legal norm consists of two parts: a pattern of conduct and a legal consequence.
There are three patterns of behavior: This can behave like this, which is called an authoritative specification
It must be so, it is called an imperative norm (obligatory norm);
The prohibition of such behavior is called a prohibitive norm (obligatory norm).
Classification of legal norms: According to the strength of legal norms: mandatory norms and arbitrary norms;
According to the degree of certainty of legal norms, they are divided into: deterministic norms, delegated norms, and applicable norms.
2. The law is the code of conduct formulated and recognized by the state.
The so-called state enactment and ratification refer to the two ways in which laws are produced The state enacts and forms statutory law, and the state approves and forms customary law
3. The law is the code of conduct for the state to confirm its rights and obligations;
4. The law is the code of conduct guaranteed by the state's coercive power.
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Law is a kind of fair rule, that is, the rules of human beings at the social level, the norms of relations between people in society. It takes justice as the basis of its existence, and the coercive power of the state as a means to guarantee its implementation. The rule of law and the law need to gradually become appropriately tolerant in the interest of social harmony.
Laws are generally limited to the Constitution. The law belongs to the superstructure, which is determined by and serves the economic base. The purpose of law is to preserve social relations and social order in favor of the ruling class, and it is an important tool for the ruling class to achieve its rule.
Therefore, law is a social phenomenon peculiar to class society, and with the emergence and development of class struggle, law will die out by itself with the elimination of class struggle in society.
The concept of law in ancient times referred to the legal order or criminal law. A code of conduct formulated by the legislature and enforced by the state power.
Law is the process product of the development of human society, from the emergence of customary law in the early days of human society, to the birth of the state, the emergence of litigation and trial, and then to the distinction between rights and obligations, in different countries and in different eras, the law has been given different meanings, but what remains unchanged is that law is a mandatory social norm given by the state.
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Law is a system of norms enacted or approved by the state and guaranteed by the coercive power of the state, reflecting the will of the ruling class determined by specific material conditions of life. [1] Law is the embodiment of the will of the ruling class and the ruling instrument of the state.
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Oh, my God! This is a very profound legal question! So far, scholars at home and abroad have not been able to give a definite and unique answer!
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The tools used by the ruling class to control the ruled class are generally only applicable to the ruled class.
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I went to the politics textbook in the second year of junior high school, and the first section was specific, but I can't remember the specifics
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It is the tool of the ruling class to maintain its rule.
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【Water Law (August 29, 2002)】Article 48 Units and individuals that directly draw water resources from rivers, lakes or underground shall, in accordance with the provisions of the national water intake permit system and the system of paid use of water resources, apply to the water administrative department or river basin management agency for a water intake permit, pay water resources fees, and obtain the right to take water. However, the exception is for small amounts of water such as family life and sporadic free-range breeding and captive livestock and poultry drinking.
The specific measures for the implementation of the water intake permit system and the collection and management of water resources fees shall be stipulated by ***.
Article 69 Where any of the following acts are committed, the people's water administrative department at or above the county level or the river basin management body shall, on the basis of its authority, order it to stop the illegal act, take remedial measures within a set period of time, and impose a fine of not less than 20,000 yuan but not more than 100,000 yuan; and where the circumstances are serious, revoke their water intake permits
1) Taking water without approval;
2) Failure to take water in accordance with the conditions specified in the approved water intake permit.
Regulations on the Administration of Water Intake Permits and the Collection of Water Resources Fees (April 15, 2006)] Article 2 The term "water withdrawal" in these Regulations refers to the use of water intake projects or facilities to directly draw water resources from rivers, lakes or underground.
Units and individuals that draw water resources shall, except in the circumstances provided for in Article 4 of these Regulations, apply for a water intake permit and pay water resource fees.
The term "water intake projects or facilities" as used in these Regulations refers to sluices, dams, channels, artificial rivers, siphons, pumps, wells, hydropower stations, and so forth.
Article 20 In any of the following circumstances, the examination and approval authority shall not approve it, and when making a decision not to approve, the applicant shall be informed in writing of the reasons and basis for disapproval:
1) Drawing groundwater in a groundwater mining prohibition area; ......
Article 48 Anyone who takes water without approval, or fails to take water in accordance with the conditions specified in the approved water intake permit, shall be punished in accordance with Article 69 of the Water Law of the People's Republic of China; Where obstruction or harm is caused to others, the obstruction shall be removed and the losses compensated.
Article 49 Whoever constructs a water intake project or facility without obtaining the approval document for the application for water intake shall be ordered to stop the illegal act and complete the relevant formalities within a time limit; if it fails to reapply within the time limit or is not approved, it shall be ordered to dismantle or close its water intake project or facility within a time limit; If the water intake project or facility is not dismantled or closed within the time limit, the local people's water administrative department or river basin management agency at or above the county level shall organize the dismantling or closure, and the required expenses shall be borne by the violator, and a fine of not more than 50,000 yuan may be imposed.
Interpretation] According to the above provisions, those who do not have a water intake permit shall be punished according to Article 69 of the Tax Law. And it should be reissued within a time limit, and if the reissue is not approved, the water intake project or facility shall be dismantled or closed. If the closure is not dismantled, it shall be forcibly dismantled or closed, and another fine shall be imposed.
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Permits for water intake should be obtained in accordance with the law.
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