The year 2024 is coming soon, and this year, we have received tens of thousands of consulting services on platforms such as the [Legal Zhongyun APP], Mini Program, Xiaohongshu, and WeChat*** background message, and solved tens of thousands of legal problems for you.
At the end of the year, let's summarize the most questioned legal knowledge this year!
Loan disputes have always been a problem that plagues many people, whether it is relatives and friends or friends, they may turn their faces and break up because of loan disputes. Loan Frequently Asked Disputes:
1. What should I do if I don't repay the borrowed money?
First of all, there is evidence to prove the loan relationship, such as WeChat chat records, transfer records, IOUs, etc.;Secondly, negotiate with the other party first, and if the other party insists on not returning, you can file a lawsuitFinally, if the other party still does not pay back after the judgment, it may apply for compulsory enforcement.
2. Is there a saying about borrowing money between couples?
There are also. The nature of transfers between couples can generally be divided into: unconditional gifts (love transfers, such as) gifts (large amounts of property) with the purpose of marriage, and loan relationships (loans in civil cases).
Unconditional gifts cannot be returned after a breakup, but gifts and loans with the purpose of marriage can be returned.
Although it is a couple, a loan relationship can also exist.
3. What is the difference between an IOU and an IOU?
IOU means a written certificate issued by the borrower to the lender to prove the existence of the loan when the lender pays the loan to the borrower.
An IOU refers to a written document that the debtor should perform its obligations to the creditor and confirm the creditor's rights due to its own failure to repay on time.
IOUs have strong probative power and can prove the lending relationship well, and the holder of the IOU generally only needs to state the facts of the loan to the court. However, the IOU also needs to prove to the court the reasons for the formation of the fact of arrears.
4. What is the evidence of the loan dispute?
According toArticle 66 of the Civil Procedure Law of the People's Republic of Chinastipulates that the evidence includes:
1) Statements of the parties;
2) Documentary evidence;3) Physical evidence;
4) Audio-visual materials;
e) Electronic data;
6) Witness testimony;
7) Appraisal opinions;
8) Inquest records.
Evidence must be verified to be true before it can be used as a basis for determining facts.
It can be seen that the types of evidence in loan disputes are also the above, such as: IOUs, audio and video recordings, WeChat or bank card transfer records, witnesses, etc.
5. How to sue?
It is currently possible to use an online court mini-program to file a lawsuit.
The process of prosecuting a personal debt dispute includes submitting a complaint to apply for filing a case - the court issues a notice of acceptance - the court organizes the exchange of evidence between the two parties, and the defendant submits a reply - * hearing, cross-examination, and debate - announcing the judgment - the judgment takes effect and is executed.
Property preservation before filing a lawsuit is conducive to the protection of rights and interests and is conducive to enforcement.
6. What is property preservation?
"Property preservation" refers to the people's court's adoption of compulsory measures restricting the disposition of the parties' property or the subject matter of the dispute before or after the interested parties file a lawsuit, in order to ensure that the effective judgment can be enforced in the future or to avoid property losses.
According toArticle 103 of the Civil Procedure Law of the People's Republic of ChinaIt stipulates that the people's court may, upon the application of the other party, rule to preserve the property of the other party, order the party to perform certain acts, or prohibit the party from doing certain acts in cases where it may be difficult to enforce the judgment or cause other damage to the party due to the conduct of one of the parties or other reasons;Where the parties do not submit an application, the people's court may also rule to adopt preservation measures when necessary.
The people's court may order the applicant to provide a guarantee when taking preservation measures, and if the applicant does not provide a guarantee, rule to reject the application.
After the people's court accepts the application, it must make a ruling within 48 hours if the situation is urgent;Where a ruling is made to employ preservation measures, enforcement shall begin immediately.
Links to relevant legal provisions:
Articles 667 to 680 of the Civil Code of the People's Republic of China.
According to statistics, in the first half of the year alone, courts across the country concluded 26 first-instance labor and personnel dispute cases80,000 pieces, an increase of 12 year-on-year96%ï¼›Concluded labor and social security administrative cases 120,000 pieces.
There are many issues related to labor disputes, which are also more detailed and complex, and generally have the following types:
1. Disputes related to labor contracts
The employment contract must be signed within one month of employment, and if the employer does not sign it within one month, it is illegal, and the employee needs to be paid double wages for up to 11 months per month.
If the term of the labor contract is more than three months but less than one year, the probationary period shall not exceed one month;If the term of the labor contract is more than one year but less than three years, the probationary period shall not exceed two months;For fixed-term and indefinite-term labor contracts of more than three years, the probationary period shall not exceed six months. Where a labor contract is for the completion of a certain work task or where the term of the labor contract is less than three months, a probationary period must not be stipulated.
According toArticle 17 of the Labor Contract Law of the People's Republic of ChinaIt is stipulated that the employment contract shall have the following clauses:
1) The name, domicile, and legal representative or principal responsible person of the employer;
2) The worker's name, address, and resident ID card or other valid identification number;
3) The term of the labor contract;
4) The content of the work and the place of work;
5) Working hours, rest and vacation;
6) Labor remuneration;
7) Social insurance;
8) Labor protection, working conditions and protection against occupational hazards;
9) Other matters that shall be included in the labor contract as stipulated by laws and regulations.
In addition to the necessary clauses stipulated in the preceding paragraph, the employer and the employee may agree on other matters such as probationary period, training, confidentiality, supplementary insurance and welfare benefits.
2. Disputes over the protection of labor rights and interests
According toArticle 3 of the Labor Law of the People's Republic of ChinaIt stipulates that workers enjoy the right to equal employment and choice of occupation, the right to receive remuneration for labor, the right to rest and vacation, the right to labor safety and health protection, the right to receive vocational skills training, the right to enjoy social insurance and welfare, the right to submit labor disputes for settlement, and other labor rights provided by law.
Workers shall complete labor tasks, improve professional skills, implement labor safety and health regulations, and abide by labor discipline and professional ethics.
Therefore, for employment discrimination, arrears of wages and overtime pay, not allowing leave, non-payment of social security and other illegal acts, employees can mediate, arbitrate and litigate according to their own circumstances.
3. Labor arbitration
In labor disputes, the demand for labor arbitration is also the greatest, because many workers know that their legitimate rights and interests are infringed, but do not know how to protect them.
In the event of a labor dispute, the parties may apply to the local labor arbitration commission for labor arbitration, and the application can be filed without the consent of both parties.
If the employee submits an application for labor arbitration and relevant evidence (proving the labor relationship and labor dispute), and the application meets the requirements, the arbitration commission shall make a decision to accept or reject the application within 5 days from the date of receipt of the application.
If the arbitration commission decides to accept the application, it shall serve a copy of the application to the respondent within 5 days from the date of making the decision, and the arbitral tribunal shall be constitutedIf a decision is made not to accept the case, the reasons shall be explained, and the applicant may file a lawsuit with the people's court on the labor dispute.
Links to relevant legal provisions:
Articles 77 to 84 of the Labor Law of the People's Republic of China.
According to statistics, in 2022, Shandong courts accepted 130,000 family lawsuits, and divorce disputes ranked first among the top ten causes of action. In the daily consultation, there are also many cases related to marriage and family affairs. The general disputes are as follows:
1. Property disputes
Articles 1062 to 1064 of the Civil Code of the People's Republic of China stipulate the content of the joint property of the husband and wife, the personal property of the husband and wife before marriage, and the debts.
For example, the intellectual property income obtained by the husband and wife during the existence of the marital relationship is the joint property of the husband and wife, which means that after obtaining the certificate (the legal effect of the relationship between husband and wife is established), the copyright fee obtained by one party to start writing a book belongs to both husband and wife.
2. Custody disputes
According toArticle 1084 of the Civil Code of the People's Republic of ChinaIt is stipulated that the relationship between parents and children shall not be extinguished by the divorce of the parents. After divorce, the children are still the children of both parents, regardless of whether they are raised directly by the father or the mother.
Generally speaking, there are two elements to fighting for child custody in a divorce: the age of the child and who is more conducive to the child's development.
According to the provisions of the Interpretation (1) of the Supreme People's Court on the Application of the Civil Code of the People's Republic of China on Marriage and Family, children under the age of two years shall be raised by their mothers, children who have reached the age of two shall be given priority to the party who is more conducive to the growth of the children, and children over the age of eight shall seek their opinions.
Links to relevant legal provisions:
Articles 1055 to 1064 of the Civil Code of the People's Republic of China.
Articles 39 to 61 of the Supreme People's Court's Interpretation (1) on the Application of the Civil Code of the People's Republic of China on Marriage and Family.
In the blink of an eye, it has come to the end of 2023, and this year it has made legal consulting services for tens of thousands of users, and tens of thousands of people have purchased [protection plans] to solve legal problems for hundreds of thousands of fan users, thank you for your trust all the time.
In 2024, we will continue to uphold the service concept of professionalism, integrity and efficiency, and continue to provide clients with high-quality and comprehensive legal services. At the same time, we will also actively explore new service models and technological innovations to provide more efficient, convenient and innovative legal services.
If you have any legal service needs or suggestions, please feel free to contact us.
Turn the page in 2023