Following the happiness, the law "to the thousands of family"!

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#The importance of invoices in rights protection#

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Native

Since the broadcast, it has been in the hot search list

The TV series "Happiness to Wanjia" ended

But related plots in the play often dominate the screen

Treating discussion of netizens

In the play, the character He Xingfu bravely said "no" in the face of unfairness, and always insisted on "a word about everything", and watched He Xing's "the way to say". Let's take a look at the current laws and regulations. How to deal with some hot issues!

"Vulgar Marriage" caused disputes

Can you make trouble if you want to make trouble?

At the wedding of He Xing and Wang Qinglai's coming, her sister He Xingyun encountered the "wedding" of Wan Chuanchian and others as the bridesmaids, and had great harm to her body and mind. Many people in Wanjiazhuang feel that marriage is a traditional custom. So, what legal consequences will "vulgar marriage"?

The "vulgar marriage" is the name of fake folk customs, but in fact conflict with morality and law. In accordance with the provisions of the Chinese Civil Code and Criminal Law, violate the wishes of others, forcibly touch the body of others, restrict the "marriage" behavior of others' personal freedom or speech insults, sexual harassment, etc., and infringe on civil rights such as others. Civil liabilities such as stopping infringement, compensation loss, eliminating impact, and apology, and the severe criminal criminal criminal criminal criminal criminal criminal criminal punishment should be subject to corresponding criminal punishment.

Links:

Article 109, Article 1000, 95, and Article 100 of the People's Republic of China

Article 237 of the Criminal Law of the People's Republic of China

Why does "colorful storm" rise?

Can Cai Li want to retreat and retreat?

He Xingfu insisted on the "wedding trouble" incident to give her sister He Xingyun to discuss the way, and there were differences with her in -laws. The in -laws of the mother -in -law proposed to divorce and asked to return the gift. If He Happiness and Wang Qinglai really divorced, should Cai Li retreat?

Cai Li is a traditional custom of concluding a marriage relationship in my country. The judicial interpretation of the marriage and family editors of the marriage and family of our country (1) clearly stipulates that "the two parties have not completed the marriage registration procedures", "the two parties go through the marriage registration procedures but do not live together", "before marriage and pay and pay before marriage and pay before marriage and pay before marriage. In the case of three cases of paying people's life difficulties ", the people's court should support it if the parties ask for a gift to pay in accordance with customs. For other circumstances, in practice, the court will comprehensively consider the degree of fault, the time, the amount of gifts and uses of the gifts and uses, whether to have children, and combining the local customs and habits to determine whether to return and return the specific amount as appropriate.

Links:

"Explanation of the Supreme People's Court on the Application of the People's Republic of China" Article 5

Xiuyu is facing the "unemployment crisis"

Can the employer be expelled from employees casually?

He Xing's aunt Wang Xiuyu originally worked in Wanjia Group, but because he was happy to "open the scoop" by Wan Chuanjia, he was fired by Wan Chuanjia's wife. Although Xiuyu returned to work later, the matter could not help but cause us to think about it. Can the employer be expelled from employees casually?

Of course, employers cannot be expelled from employees for no reason! The current Labor Contract Law stipulates several cases of employers unilaterally lifted the labor contract, including "serious violations of the regulations and regulations of the employer", "serious negligence, private fraud, and cause major damage to employers". In addition, employers, employers If the unit is illegally terminated by the law, the worker may require continuing to perform the labor contract, and the employer shall continue to perform; if the worker does not require continuing to perform or the labor contract cannot continue to be fulfilled, the employer shall pay compensation according to law.

Links:

Article 39, 40, Article 47, Article 48, and Article 87 of the Labor Contract Law of the People's Republic of China

Land acquisition compensation "one wave of three folds"

Who moved my land?

The Wang family rented the other three land in the same village to build greenhouses to plant organic vegetables. At the same time, Wanjiazhuang wanted to build a health product factory and build a sewage treatment plant. Mowing

When signing the land acquisition compensation agreement, the "sharp eyes" found that the land area of ​​the four families was similar, but the compensation of the Wang family's land was a lot higher than the several other households. What is the content of land acquisition compensation and what is the legal basis?

According to the provisions of the Civil Code and Land Management Law, in order to collect all the collective land for public interests, the compensation fees of land compensation fees, resettlement subsidies, rural villagers, other land attachments and green seedlings shall be paid in accordance with the law. Arrange the cost of social security for land acquisition farmers to protect the lives of land -requisition farmers and safeguard the legitimate rights and interests of land acquisition farmers. The land acquisition of land should be given fair and reasonable compensation to ensure that the original living standards of land acquisition farmers are not reduced and long -term livelihood is guaranteed. The land compensation fee and resettlement subsidy standard for the collection of agricultural land shall be determined by provinces, autonomous regions, and municipalities through the formulation of comprehensive land prices in the area. For the comprehensive land price of the district film, the original land use, land resource conditions, land output value, land location, land supply and demand relationship, population, and economic and social development level should be comprehensively considered. different. According to the calculation and finishing of He Xing, the Wang family built a greenhouse and buying vegetables, and there were no invoices of more than 70,000 yuan. However, the Wanjia Group said that the compensation on the ground matter needs to be reimbursed in formal invoices. Why is the invoice important in land acquisition compensation?

According to the current laws, the compensation for land acquisition in addition to the compensation of the land also has compensation on the ground, such as compensation standards on the ground and green seedlings, formulated by provinces, autonomous regions, and municipalities directly under the Central Government. In the drama, the Wang family has built a green shed and planted vegetables. Invoices can prove the investment cost of the Wang family and the vegetables, and the Wanjia Group's construction factories cooperate with other enterprises to involve the issue of later settlement. It is important. In practice, if there is no invoice, the two parties can negotiate to issue certifications as compensation credentials, or please compensate the values ​​on the ground with the value of the corresponding qualifications.

Due to the issue of land acquisition compensation, the Wang family and Wanjia Group have been deadlocked, and even went to court. On the day of the trial, Wan Chuanjia found someone to destroy Wang's vegetable land. From the perspective of legal perspective, what should he think of his behavior?

Both sides mentioned the "established facts" in the play, that is, the defendant Wan Heihong wanted to directly use the way of destroying vegetable land to prevent the plaintiff from recovering the land's contract management right, so as not to delay the construction period of the sewage treatment plant, but his behavior is indeed illegal. Edem the legitimate rights and interests of the Wang family. According to the Civil Code, if a perpetrators have damaged the civil rights and interests of others due to fault, they shall bear the liability for infringement. At present, the plaintiff has taken pictures and obtaining evidence, and Wan Chuanfang shall bear the infringement liability for compensation for plaintiff greenhouses and vegetable losses. Regarding how losses are calculated, the current law stipulates that if the property is infringed, the property loss is calculated according to the market price or other reasonable methods at the time of loss.

Links:

Article 243, 1,165, and Article 1,84 of the People's Republic of China

Article 45 and 48 of the Land Management Law of the People's Republic of China

The results of the college entrance examination are replaced

Xiu Yu "stolen life"

Who is responsible?

Wan Chuanmei ’s college entrance examination was lost. In order to help her sister go to college, my brother Wan Chuanjiu spent 20,000 yuan to replace Wang Xiuyu’ s college entrance examination results. Since then, Xiuyu lost the opportunity to go to college. Chuanmei also lost her name. Wang Xiuyu, who has played ten years. What kind of rights should this behavior violate Xiuyu, what responsibilities should they bear, and does it constitute a criminal crime?

The Chinese Constitution clearly stipulates the right to education as a citizen. The Civil Code also stipulates that any organization or individual can infringe on the name right of others by methods or individuals. The replacement not only used the name of the victim, but also occupied the victim's qualifications to be educated. Therefore, the name right and education right of the alternatives were infringed. According to the provisions of the Civil Code, the replaced person can ask the replacement and related help people to bear the joint responsibility, including the request to stop using the name, eliminate the adverse effects or danger caused by the use of its name, compensation for losses, and apology. At the same time, my country's criminal law has also added an analog and replacement, that is, the stolen and using others, and the qualifications for the enrollment of higher education education obtained by others, qualifications for civil servants, and employment resettlement treatment shall be sentenced to imprisonment, detention or control of three years, and punishment for punishment gold. Organizing and instructing others to implement the preceding paragraph shall be severely punished in accordance with the provisions of the previous paragraph. Therefore, the behavior of Wan Chuanmei and Wan Chuanmei not only violated Xiuyu's civil rights and interests, but also in accordance with the current laws and regulations, but also suspected of replacement.

Links:

"Constitution of the People's Republic of China" Article 46

Article 90, 995, Article 104, Article 1,168, Article 1,169 of the People's Republic of China

Article 280 of the Criminal Law of the People's Republic of China

Stealing sewage causes group poisoning

Who will "sit through the bottom"?

In order to reduce costs, Mo of the health product factory shut down sewage treatment equipment, from unaware of the sneak of the water source of the downstream Shuiwei Village from unknown to concealing the sewage treatment plant. He Xingfu led the villagers to conduct collective lawsuits. In the end, Wan Shantang handed over the evidence of the sewage factory to the court.

my country's Civil Code and the "Explanation of the Supreme People's Court on the Application of Laws on Environmental Infringement Responsibility Responsibility Disputes" stipulates that if the infringer is faulty or not, the infringer shall bear the infringement liability whether the infringer is faulty or not. The unprecedented sewage discharged by Wanjia Health Products factories has caused severe pollution of water resources, causing collective poisoning of more than a dozen children, and should bear the liability for civil infringement. At the same time, my country's criminal law stipulates that in violation of national regulations, discharge, dump or dispose of toxic substances or other harmful substances, which seriously pollute the environment, constitute the crime of pollution environment, the main person in charge of the health product factory, Mo Mo sent by the joint venture, and the joint venture party All should bear the corresponding criminal responsibility. Links:

Article 1,229, 1,230 of the "People's Republic of China"

"Explanation of the Supreme People's Court on Several Issues of Laws on the Application of Laws on Environmental Infringement Responsibility Disputes"

Article 338 of the Criminal Law of the People's Republic of China

(Source: Justice Network Author: Yang Mengying, the Fifth Procuratorate of the Procuratorate of the Tongzhou District Procuratorate in Beijing)

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