Legal Knowledge Lecture for Small and Micro Enterprises 1.Legal Knowledge Lecture
If it only causes minor injuries, it's a law and order case, and according to Article 43 of the Law of Punishment for the Administration of Public Security, whoever assaults another person, or whoever intentionally injures another person's body is sentenced to detention for five days or less than ten days, and to a fine of two hundred or more than five hundred yuan; the circumstances are If the circumstances are less serious, he or she shall be detained for not more than five days or fined not more than five hundred yuan.
Any of the following circumstances, shall be sentenced to not less than ten days and not more than fifteen days of detention, and imposed a fine of not less than five hundred yuan and not more than one thousand yuan: (a) gang assault, injury to others; (b) assault, injury to disabled people, pregnant women, people under the age of fourteen or sixty years of age or older; (c) repeated assault, injury to others, or assault, injury to more than one person at a time. If it is to cause light injury or serious injury, causing death, it constitutes a criminal case, it is the crime of intentional injury.
If it is a minor injury, the parties are willing to mediate, if not, then the prosecution, criminal responsibility. If it is a serious injury, death, that can not be mediated, belongs to the state prosecution, criminal responsibility.
China's "Criminal Law" Article 234 provides: intentionally injuring the body of another person, shall be sentenced to less than three years of fixed-term imprisonment, detention or control. If a person commits the crime in the preceding paragraph and causes serious injury, he shall be sentenced to fixed-term imprisonment of not less than three years and not more than ten years; if he causes death or causes serious injury by particularly cruel means resulting in serious disability, he shall be sentenced to fixed-term imprisonment of not less than ten years, life imprisonment, or the death penalty.
Where this Law provides otherwise, it shall do so in accordance with the provisions. Article 238 Whoever unlawfully detains another person or unlawfully deprives another person of his personal freedom by other means shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, control or deprivation of political rights.
If there are circumstances of beating or insulting, the punishment shall be heavier. If a person commits the crime in the preceding paragraph and causes serious injury, he or she shall be sentenced to fixed-term imprisonment of not less than three years and not more than ten years; if he or she causes death, he or she shall be sentenced to fixed-term imprisonment of not less than ten years.
Anyone who uses violence to cause injury or death shall be convicted and punished in accordance with the provisions of Articles 234 and 232 of this Law. Anyone who illegally seizes or detains another person for the purpose of soliciting a debt shall be punished in accordance with the provisions of the preceding two paragraphs.
If an employee of a state organ utilizes his or her authority to commit a crime in the preceding three paragraphs, he or she shall be punished severely in accordance with the provisions of the preceding three paragraphs. Article 289 Aggregation of " *** ", causing injury or death, shall be convicted and punished in accordance with the provisions of Article 234 and Article 232 of this Law.
Anyone who destroys or takes away public or private property shall, in addition to being ordered to make restitution, be convicted and punished in accordance with the provisions of Article 263 of this Law with respect to the principal elements. Paragraph 2 of Article 292 Aggregate brawling, causing serious injury or death, shall be punished in accordance with the provisions of Article 234 and Article 232 of this Law.
Calculation of the amount of compensation for personal injury If the victim causes injury to another person, and has not yet caused disability, he shall compensate for the medical expenses and reduced income due to lost work. Medical expenses generally include medical expenses, treatment costs, nursing costs, transportation costs, accommodation costs, necessary nutritional expenses.
The aggressor caused the disability, in addition to medical expenses, lost wages and other costs, but also shall compensate for the disabled person's living allowance, living self-help costs and disability compensation, as well as the disabled person before the disability of the actual support and no other source of living of the necessary living expenses. The aggressor caused death, in addition to medical expenses and other costs, but also shall pay funeral expenses, death compensation, and the deceased before the actual support and no other source of living of the necessary living expenses.
Compensation for medical treatment costs, generally should be the location of the treatment hospital's diagnostic certificate and medical expenses, treatment costs, hospitalization bills or medical records, prescriptions identified. If necessary, can be entrusted to forensic identification.
The location of the treatment hospital, generally refers to the victim's residence or the place of infringement of the hospital closer. The victim successively to several hospitals at basically equal distances for treatment, generally should be recognized as the first hospital medical expenses, but the hospital treatment errors or other special circumstances.
The cost of finding another hospital for treatment without the approval of the medical department is generally not compensable. If the victim is repeatedly examined for the same subject and the result is the same, in principle, only the cost of the first examination should be recognized, except if the treating hospital really needs to be examined again.
If the results are inconsistent, the cost of the examination before the diagnosis should be recognized. If the victim buys medicines that are not related to the damage or treats other diseases without authorization, the costs shall not be compensated.
If the victim needs to be hospitalized for treatment or observation, the costs shall be compensated. However, if the hospitalization is prolonged due to intentional postponement after the notification of discharge or treatment of diseases unrelated to the damage, the hospitalization fee for the prolonged period shall not be compensated.
The costs of necessary remedial treatment of the victim in connection with the damage shall be compensated. In the process of litigation, the treatment has not yet been completed, in addition to compensation for the costs of treatment, the costs of continuing treatment, certified by the relevant medical institutions or mediation agreement between the two sides, can be paid in a lump sum; can also be in accordance with the relevant provisions of the Code of Civil Procedure, the victim is informed of the end of the treatment of a separate prosecution.
Compensation for lost wages The date of the victim's lost wages shall be determined according to the actual extent of damage, recovery and reference to forensic identification or treatment hospital certificate. The victim's actual date of loss of work is less than the leave certificate, the actual date of loss of work should be determined; the actual date of loss of work is more than the leave certificate, generally should be determined according to the leave certificate.
The victim really need to recuperate but no proof of leave, can be discretionary after consulting the forensic doctor or treatment hospital. If the victim has a fixed income, compensation for lost wages should be calculated according to the actual loss of income.
Fixed income, including wages, funds and state subsidies, allowances, but does not include the subsidies for special jobs. Bonus, calculated on the basis of the per capita award of the victim's unit in the previous year, exceeding the starting point for the calculation of the bonus tax, to the extent of the starting point for the calculation.
Before the victim victimization for their own reasons no bonus income, the second bonus is not calculated. The victim does not have a fixed income, or the victim is a contractor or individual businessman, the compensation for lost wages, can refer to the victim's average income in the previous year or the local average income of the same industry, the same type of work, the same labor force discretion.
If the victim is required by law to pay taxes to the tax authorities, the tax bill shall be used as evidence. If the victim is engaged in a second career in accordance with the law, the actual reduction in income shall be compensated.
The victim is another occupation, the retiree, the compensation for lost wages can be differentiated as follows: (1) in line with the policy and legal provisions of the actual reduction of their income should be.
2. China so far there are no laws and regulations on small and micro-enterprises
On the issuance of "Accounting Standards for Small Enterprises" notice (Caihui [2011] No. 17) of the State Council ministries and commissions, the relevant directly under the agencies, the provinces, autonomous regions, municipalities directly under the Central Government, municipalities with plans to the Finance Department (Bureau), the Finance Bureau of the Xinjiang Production and Construction Corps: In order to regulate the accounting of small enterprises to recognize, measure and report behavior, and to promote small enterprises to be recognized, measured, and reported. In order to regulate the accounting recognition, measurement and reporting behavior of small enterprises, promote the sustainable development of small enterprises, play an important role in the national economy and social development of small enterprises, in accordance with the "Chinese People's Accounting Law" and other relevant laws and regulations, the Ministry of Accounting Standards for Small Enterprises, is hereby issued, since January 1, 2013 in the scope of the implementation of the small enterprises, small businesses are encouraged to implement in advance.
The Accounting System for Small Enterprises (Caihui [2004] No. 2) issued by the Ministry of Finance on April 27, 2004 is also repealed. Please provide timely feedback to the Ministry if you have any problems in implementation.
Annex: Accounting Standards for Small Enterprises Ministry of Finance October 18, 2011.
3. Legal education lectures after listening
Life will face many choices, when you are at the crossroads do not know where to go, how will you make a decision? In real life, many people can not distinguish between right and wrong and chose the wrong path to make their own regret a lifetime, of course, especially our youth.
For this reason, the school organized a legal education class for us. This is a very important lesson for us.
I listened carefully to the content of this presentation, and it gave me a very deep feeling. The presentation was made by three people who are serving their sentences, and not only that, they are three young people who have their own beautiful youth. They told us how they embarked on this road of no return, and how regret and loss of freedom of helplessness and sadness.
They used their own mistakes to warn us - these are in the beautiful youth of young boys and girls, these are enjoying the beauty of life and the freedom of the precious us, tell us to set up a province from childhood awareness of the law. Obey the law, learn the law, understand the law, abide by the law, and be a good citizen in society. At the same time, it also tells us to be careful in making friends and not to forget our parents' kindness to us no matter when and where we are. This is the heartfelt remorse and realization of a man who has lost his freedom. He wanted to convey this to us who have freedom. This is a great inspiration for us, and it can even be mind-blowing.
After listening to this lesson, I think it will play a huge role in my future life. It gave me a lot of truth and inspiration, told me that I want to be successful must first learn to be a person, I will always be used!
Listening to today's report, I feel that minors violate the law why the trend of crime is on the rise, mainly because of their weak legal awareness, some do not understand the law, and some do not know how to do is right, how to do is wrong; what is the right to do their own, what is their obligation. They do not really understand the significance of abiding by the law, and they cannot consciously use their knowledge of the law to regulate their words and deeds in their social behavior. In order to cultivate minors' consciousness of the law, first of all, minors should be organized to study the law systematically, and in many forms, they should study the new Constitution, the Criminal Law, the Criminal Procedure Law and the Regulations on Public Security Penalties, etc., so as to consciously use the knowledge of the law to regulate their own actions and words in their social behaviors. Use legal weapons to fight against all illegal and criminal phenomena.
Schools, families and society should focus on guiding minors to understand their physiological and psychological characteristics, mediate their emotions, and strengthen the cultivation of their ability to resist setbacks, in order to adapt to the test of various environments in society. Because, minors is the period of growing body, they have begun to produce a strong sense of independence, don't want to rely on adults, want to deal with some problems independently, but, their understanding and judgment ability can't keep up with the development of independent consciousness, often can't distinguish between right and wrong, easy to be paranoid and stubborn to make their own actions with a lot of blindness, which requires us to adult to them for the overall guidance, and gradually improve their ability to analyze and to solve problems.
4. China has no laws and regulations on small and micro enterprises so far
Notice on the Issuance of Accounting Standards for Small Enterprises (Caihui [2011] No. 17)
The relevant ministries and commissions of the State Council, the relevant agencies directly under the State Council, the finance departments (bureaus) of provinces, autonomous regions, municipalities directly under the central government, cities with plans, and Xinjiang production and construction corps Finance Bureau:
In order to regulate the accounting recognition, measurement and reporting behavior of small enterprises, promote the sustainable development of small enterprises, and give full play to the important role of small enterprises in the national economy and social development, in accordance with the "Accounting Law of the People's Republic of China" and other relevant laws and regulations, the Ministry of Commerce has formulated the "Accounting Standards for Small Enterprises", which is hereby issued and shall be implemented in the scope of small enterprises starting from January 1, 2013, and small enterprises are encouraged to implement it in advance. It is hereby issued for implementation in small businesses as of January 1, 2013, and small businesses are encouraged to implement it in advance. The Accounting System for Small Enterprises (Caihui [2004] No. 2) issued by the Ministry on April 27, 2004, is also repealed.
Please provide timely feedback to the Ministry if there are any problems in implementation.
Annex: Accounting Standards for Small Businesses
Ministry of Finance
October 18, 2011
5. "Legal Knowledge Lecture Heart Moral Experience" Essay, more than 500 words, I hope that the bully can help me think of a good
Legal Knowledge Lecture Heart Moral Experience Through the expert lectures, I know that as a high school student, should be disciplined in school, not to do things that damage the reputation of the school. Do not do things that damage the reputation of the school, the application of atmospheric speech, elegant demeanor, noble character, and let us have a campus full of books, in the classroom should be more than the teacher to communicate, talk about issues related to learning, students should help each other, so that the whole campus is full of warmth and harmony. According to it, during the school period, some students due to network addiction and make unmanageable scenes, the light and lucky to escape this disaster, the heavy just lit the light and extinguished, students you make sacrifices for the sake of this is worth it? Don't you for your good future and destroyed and not feel sorry? Some students behind the back of teachers, classmates secretly hide smoking, are you willing to for your momentary comfort, a moment of happiness and let the future body will suffer a fatal blow? Some students because of revenge is too heavy, and affect other students collusion together at night group fight. Students, are you not afraid of legal sanctions, although you are underage, but committed a big mistake, but also let you in the gloomy jail for a few years. During your time in jail, you will certainly understand the saying "if you knew it would happen today, why did you do it in the first place", but in this world there is no "medicine for regret". Students, from now on we should carefully read the legal knowledge, believe in the law, study well, serve the country, become a pillar of the country, for the country to compete.