The bewilderment that encounters in the life to farmer friend and legal problem, we invite 3 lawyers to be solved for everybody.
Article lawyer:
Beijing watchs Lang Keyu of state attorney office
Chen Liang of office of attorney of Beijing Beijing division
Liu bright of office of Beijing Dong Qi's attorney
1
Suspect electrician collects fees more, how to recover?
Netizen @ wind forest is volcanic: The electrician here, receive electric meter more than 10 years continuously enter an installation cost, every receive 600-1200 yuan differ, and electric power bureau collects fees without this category, this charge should be by collection of electrical engineering privately, additionally still privately sums the action that stops charge of electricity at will. This kind of circumstance, how can this electrician deal with after the fact that be checked? We can enter an installation cost to want to come back?
Lang Keyu's lawyer thinks:
If check is belonged to solid, installing cost is by electrician fiction is collected fees gold of category, diddle, and electric power bureau collects fees without this the word of the category, enter an installation cost to should be returned.
This electrician fiction collects fees category, diddle enters an installation cost, number is larger, its behavior constitutes crime of fraud.
Privately sums the action that stops charge of electricity at will how qualitative, because of its different distinction approachs the capacity.
If this electrician belongs to state-owned company working personnel, or it is to suffer state-owned company to entrust management, management state owned property, in the process that captures charge of electricity to the farmer on behalf of the state-owend enterprise, use public fund of the electrovalency of convenience privately drive up of officially, embezzle, its behavior already made corruption crime;
If this electrician belongs to the personnel that is not state-owned company business or other unit, use the convenience condition that is in charge of capturing the job such as charge of electricity to go up, without ranking administrator the branch permits privately to raise charge of electricity of electrovalency, illegal embezzlement, if its embezzlement amount reachs the level that investigates criminal duty, make functionary embezzlement crime.
2
There is an impression of the hand only on receipt for a loan, can you prove leasehold relationship?
Laozhang is taking a piece to sue Laoli to return money to the court by the 300 thousand receipt for a loan that has an impression of the hand recently, reason is Laoli once borrowed 300 thousand yuan to oneself, the proof is the fingerprint that Laoli presses on receipt for a loan at that time. Laoli rejoins say, do not have on receipt for a loan specific the name that keeping oneself, only fingerprint can not prove he lent money, still should have go into effect of him autograph ability at least. So, there is an impression of the hand only on receipt for a loan, indemonstrable leasehold relation?
Chen Liang's lawyer thinks:
Most person oversight a very serious problem, it is what stamp dactylogram represents. Some people are non-standard to dactylogram stamp, return some is in in dactylogram stamp process, press down with finger tip, add use stamp-pad ink to not agree with add up to normative requirement, the grain of not clear dactylogram looks at all after dactylogram stamp, also cannot discerning after all is whose dactylogram.
In the civil case of our bring into contact with, involve dactylogram examine appraisal still happens from time to tome. And most let judicatory or examine the appraisal that what appraisal personnel headaches is dactylogram. Because the stamp of dactylogram is unsharpness, can not offer examine the condition of appraisal, because this cannot make correct judgement, this brings not little trouble as a result to final judgement, the dimension advantageous position that also creates party cannot get safeguard.
Is such result responsibility in who? Law is heavy evidence, cannot obtain dactylogram to examine the result of appraisal, also cannot decide which one party is responsible.
Be sure to keep in mind not to belittle the process of dactylogram stamp. In a lot of civil activities, learn dactylogram stamp, can provide reliable safeguard to safeguard oneself rights and interests.
The note of dactylogram stamp:
1. should use appropriative ink paste used for seals or stamp-pad ink, prevent ink paste used for seals or stamp-pad ink to pile up on finger, the faintness that causes stamp dactylogram and unsharpness. Ink paste used for seals and stamp-pad ink are gules, orchid color, black all but.
The order of 2. stamp dactylogram is the forefinger with the right hand, big toe, middle finger is ordinal sequential, if because of,right hand hand points to special situation, when dactylogram stamp cannot satisfy a requirement, usable left-hand forefinger, big toe, middle finger is ordinal replace, had better make clear in dactylogram stamp.
3. is in stamp process, make the same score finger put on the concerned material that wants stamp or file, from left to right with finger scroll stamp, the grain of such dactylogram stays can clearly on material or file, had better affirm before stamp ink paste used for seals or stamp-pad ink are on finger the degree of bequeath.
3
Numerous chip those who come " help money " , platform this " collect tax " ?
With raise the wind of Internet a serious illness platform preparing comes help money, should be received after all tax cost? This problem lets Henan save youth of sicken of former in relief county 1000 strong special kink. 1000 strong through " be at ease side " platform is numerous chip come 60 thousand multivariate remedial cost, be asked for by platform of 5% " imposition " . Hereon kind platform has unqualified begin raise the wind deliverance and whether the problem that collect fees, also cause heat to discuss on the net.
Liu bright lawyer thinks:
Say the first problem first, "Be at ease side " platform has a qualification to develop help somebody in danger or difficulty of raise the wind. Civil administration ministry once issued announcement, at present home has platform of 20 Internet raise donations to be able to be charitable organization to offer raise donations information to release a service, include " prepare easily " and " water prepares " etc, and " be at ease side " not inside. " beneficent law " the individual that prohibits making public raise donations qualification and organization make public raise donations, but did not appeal to the individual make specific standard. That is to say, "Be at ease side " platform is to be able to help citizen individual release those who seek supplementary information, what should assure information only is objective and true OK.
Say the 2nd problem again, numerous prepare platform to whether need to pay tax, whether collect fees. "Be at ease side " platform controller expresses, what money of be apt to enters is company account, not be the commonweal account that enjoys taxation privilege, want to pay tax so. Be regulation of be good law this bit. If person of raise the wind does not want to give this tax cost from inside money of be apt to, so this tax expenses can exceed by platform only.
Those who say a lot of netizens care is numerous prepare platform to want issue of collection administration fee. Long-term since, because the charity of domestic mainstream is numerous,prepare platform, prepare water preparing, easily for instance etc, ceng Gao attune announces not collection any overhead expenses, stayed to the public so " charity is numerous preparing is not to collect administration fee " impression. This is a very big misunderstanding actually, because this is not the absolute level of the industry. To resembling " be at ease side " the platform with this kind of dimensions and lesser actual strength, the likelihood needs to rely on collection administration fee to keep movement.
Charitable organization and orgnaization collection administration fee, this is international convention, because raise money,money of be apt to needs cost, what just also can maintain beneficent orgnaization so only is normal live and operation, help more people next. But in home, the Internet platform that appoints without civil administration ministry is released for the individual after seeking supplementary information, whether to appeal person collection poundage, " beneficent law " wait for relevant law to had not made clear a regulation, the hard to avoid in practice appears a few controversy. This gives through law with respect to need legislature clear. Otherwise, similar such controversy or will appear ceaselessly, also can cause to the development of civilian charities hamper and destroy.
The picture originates network
