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The following is provided by "Jinan Business Lawyer", if you need to paraphrase, please indicate the source:
1. The relevant laws and regulations of the state stipulate that the responsibility of the motor vehicle on the road is no-fault liability, and there is only one circumstance that the motor vehicle driver can be completely exempted from the responsibility in the event of a traffic accident, that is, the traffic accident intentionally caused by the victim (such as the victim committing suicide and actively crashing into the motor vehicle to cause an accident). In other cases, even if the pedestrian is grossly negligent (e.g. jaywalking), the motor vehicle is also liable. This form of responsibility distribution seems unfair, but in fact, it is a protective measure for pedestrians and a regulatory measure for motor vehicle drivers considering that pedestrians are relatively weak on the road and cannot compete with the strength of motor vehicles.
This is largely the same in most countries today.
2. After a large amount of compensation, it can be used as a manifestation of the responsible person's initiative to admit guilt and have a good attitude. At the same time, if a large amount of compensation is paid, it is equivalent to a certain amount of compensation to the victim, and in this case, a certain amount of lighter punishment can be given to him (generally not a mitigated punishment, but a lighter punishment). This is also the judicial practice in most countries.
This is not the same as what we generally say about spending money to buy a sentence.
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1 Anyway, you hit someone, no. You should be held accountable, and if he is primarily responsible, you will be held liable for a very small part.
2 Not every case is like this. Do you mean a bit of a penalty?
The judicial interpretation stipulates that after the defendant has actively compensated the victim's material losses, he has indeed shown remorse, which can be used as a sentencing circumstance... This is also the state's policy of blending leniency and severity in the criminal law. It is conducive to the victim's compensation and the defendant's reform, a win-win situation.
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1.Accidents involving motor vehicles and pedestrians, in the absence of violations of motor vehicle regulations, are also subject to secondary liability;
2.The law has a sentencing range, such as between three and ten years; Imprisonment for up to three years. In this range, under what circumstances is the sentence severe, and when is it light?
That is the plot and attitude of the crime. In the case of certain circumstances, the amount of compensation represents the attitude of admitting guilt, and if the attitude of admitting guilt is good, the chance of correction in the future is much greater, so it can be dealt with leniently.
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Are you filing a civil lawsuit? If it is a civil case, it can be appealed;
If criminal responsibility is pursued for the crime of intentional injury, it is a criminal case, it is a private prosecution, it may be appealed, and if it is a public prosecution by the procuratorate, the procuratorate shall be requested to raise a prosecutorial counter-appeal;
The court's judgment is based on evidence, first of all, there must be evidence to prove that the other party made the first move and injured your person, which is mainly concentrated in eyewitnesses, medical records on your side, medical bills, etc.;
Secondly, it is necessary to prove that the other party's medical certificate and expenses are forged, and it is not true that what you say is fake, it is recommended to hire a lawyer to go to the local hospital to find the original voucher, if there is no stub, it can be proved that they are forged medical bills.
If the evidence in these two aspects is solid, there is still a chance of winning the appeal.
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Secondly, since the first instance has been heard, and the case and evidence have been adjudicated and tried, you must have evidence to prove that the other party's evidence is illegal, including medical certificates, as well as the unreasonable costs, and the evidence is forged or altered.
Finally, it is recommended that you find a law firm for consultation, the ** fee is not high, after all, it is only a civil dispute case, and the subject matter is not high.
I hope you can solve it satisfactorily.
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Why don't you tell the truth and be comprehensive in your online consultation so that others can give you the right answer? How did the court characterize the fight as a civil claim or a criminal injury case?
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If there is an objection to the original judgment, they can file a lawsuit with a higher court, and if the original judgment is upheld in the second instance, it will basically be the end. It's hard to say whether there is a chance of winning, so gather relevant evidence, such as evidence that can prove that the injury appraisal issued by the hospital, medical invoices and other evidence are forged.
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As long as it turns out that they did it first, there is definitely a chance of winning.
The alternative is out-of-court settlement.
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Hello, the school's practice is legally called forced trading, and it is definitely illegal. If the school does not register for you for this reason, you can register for the test with the test organiser. If the school obstructs it, it is advisable to file a complaint with the local education department.
You must fight for your own rights. I wish you every success.
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There are regulations on the school's fees, you must first find out what the 280 yuan is the fee, is it the cost of the exam or the cost of training, if you have questions about the fee, you can consult, if you are not satisfied, you can go to the local education department to reflect.
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This is how the so-called teaching beast is created, and students can only rely on themselves!
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According to the above, the teacher's behavior is definitely not legal!
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According to Chinese law, if an employee has worked for the same employer for 10 consecutive years, the employer shall enter into an indefinite contract with him. There is no provision that you can receive a large sum of money after 15 years of service, but you may be talking about the severance payment paid by the employer to the employee after the termination of the labor contract after 15 years of service, and the severance payment is one month's salary for every full year of work.
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If he is fired without reason, he can ask for compensation, and if he retires for many years, he will pay for how many years of salary, and pay for one month's salary every year, for example, if you are still 10 years away from retirement, and if you are dismissed without reason, you can only pay 10 months' salary, and there is a lot of money for 15 years, as if there is no law.
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Constitutes a traffic hit-and-run offense. Article 133 of the Criminal Law provides: Whoever escapes after causing a traffic accident or has other particularly heinous circumstances shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years; Whoever causes death as a result of escape shall be sentenced to fixed-term imprisonment of not less than seven years.
It also depends on whether the perpetrator is now caught, whether he surrenders himself or confesses. Whether or not to actively compensate the family of the deceased and so on involves many aspects. Specific situation and specific analysis.
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1 all uh. We've just finished studying labor law and we'll help you find out, but it's best to consult a local lawyer.
The Labor Law stipulates that if an employer fails to conclude a written labor contract with an employee for more than one month but less than one year from the date of employment, it shall pay the employee twice the monthly wage.
You didn't make it clear whether this agreement was signed at the same time as you went to Anhui for an internship. So I'm not good at judging. If this agreement is your training agreement, according to Article 22 of the Labor Contract Law:
If an employer provides a worker with special training expenses and provides him with professional and technical training, it may enter into an agreement with the worker to stipulate the service period. If the employee violates the service period agreement, he shall pay liquidated damages to the employer in accordance with the agreement. The amount of the contract shall not exceed the training fee provided by the employer.
The liquidated damages required by the employer shall not exceed the training expenses that should be apportioned for the part of the service period that has been performed.
But I can't say anything about your situation, because I'm a student after all, so you should go to your local legal aid center or law firm for consultation. Because what the law says is very abstract.
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Void. The employee may unilaterally terminate the employment contract by submitting the written request to the employer 30 days in advance.
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If it can be proved that the agreement was against the true will of the parties, the agreement can be invalidated. For example, if there is an illegal situation such as coercion, inducement, etc.;
If it can be proved that the terms of the agreement have changed and the parties are unwilling to change the agreement, the agreement may be terminated. You can go through the specific content of the agreement sentence by sentence. For example, some companies have situations where they cannot cash in.
In addition, the amount of the penalty will be based on the expenses incurred at the time and the related losses.
The above three points are for reference. At the same time, you can consult the labor and social security department, legal service office and law firm for specific details.
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It depends on whether you are responsible for the accident, and if so, you have to pay for it.
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If you really want to pay for it, you can only consider yourself unlucky.
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Party B needs to be compensated, and there is no reason not to compensate. So it's risky to give people a ride.
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If the other party has an agreement with the school, then the school has to fulfill the agreement. It is also necessary to see whether the sales scope agreed between the other party and the school refers to the entire campus or a part. Even if you forcibly enter the school's market, you will not bear any legal responsibility, because this is market competition, it is a contractual relationship, and you have not infringed.
Forcing your way into the market will result in the school not allowing you to continue selling. The school is the buyer, and you can't do anything if it doesn't buy your goods.
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If the contract is signed, it is necessary to look at the specific terms and conditions of the contract, if the two parties agree that the water plant monopolizes the bottled water of the ** school, a new contract can be signed with the school only after the contract expires; If the above clauses are not stipulated in the contract, you can sign a separate contract for the sale and purchase of bottled water with the school, which will not affect the continued performance of the contract in force.
If you don't have a contract, you can sign a contract with the school for the sale and purchase of bottled water.
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You can go to the local industrial and commercial department to consult about the price problem.
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Your question is too unspecific. There's not a single range, it's hard to say.