Two, apply for state compensation, the limitation period is two years.
3. What compensation can I claim in the event of a traffic accident?
Fourth, the formation of support relationship, stepchildren should support stepparents.
Five, did not go through the adoption procedures, the gift is not affected.
Six, apply for labor arbitration, you can consider your own convenience.
Seven, do not perform the agreement, should double the deposit.
Intermediary problem
A written record is different from an agreement, which is legally binding.
Mr. Li asked: My relatives went to the judicial office with the other party to mediate under the auspices of the people's mediator because of a dispute over personal injury compensation. The two sides signed the conciliation statement. Now it is found that the situation in the mediation book is not completely consistent with the implementation. What is the difference between a mediation record and a mediation agreement? What is the legal effect of mediation agreement?
Lawyer Pan replied: People's mediation is an equal, voluntary and free way to solve disputes, which can resolve contradictions and disputes at the grassroots level. According to Article 28 of the People's Mediation Law, if a mediation agreement is reached through mediation by the People's Mediation Committee, a mediation agreement can be made. If the parties consider it unnecessary to make a mediation agreement, they may adopt an oral agreement, and the people's mediator shall record the contents of the agreement? . The contents of this article and the words spoken by both parties during the mediation conducted by the people's mediator constitute the mediation record. Therefore, although the mediation record is not a legal document directly binding on both parties, it is a kind of evidence that can prove the content of the mediation agreement reached by both parties to a certain extent.
In addition, the mediation agreement reached through mediation by the People's Mediation Committee is legally binding, and the parties shall perform it according to the agreement. However, if the parties dispute the performance of the mediation agreement or the contents of the mediation agreement, one party may bring a lawsuit to the people's court. If a mediation agreement is reached through mediation by the people's mediation committee, both parties may, if necessary, apply to the people's court for judicial confirmation within 30 days from the effective date of the mediation agreement, and the people's court shall promptly review the mediation agreement and confirm the validity of the mediation agreement according to law. If one party refuses to perform or fails to perform the effective mediation agreement confirmed by the people's court according to law, the other party may apply to the people's court for compulsory execution.
Compensation problem
The limitation period for applying for state compensation is two years.
Mr. Liu asked: I am retired now. I was wrongly sentenced to one year's reeducation through labor on 1959, and was rehabilitated by the executive authorities on 1985. Can I apply for compensation from the state now?
Lawyer Pan: According to Article 3 of People's Republic of China (PRC) State Compensation Law? Where an administrative organ and its staff infringe upon personal rights in the exercise of administrative functions and powers, the victim shall have the right to compensation:
(a) illegal detention or illegal administrative compulsory measures to restrict the personal freedom of citizens.
(two) illegal detention or other illegal deprivation of personal freedom of citizens.
(3) Beating or maltreating, or instigating or conniving at others' beating or maltreating, causing bodily injury or death to citizens.
(four) the illegal use of weapons and police equipment, resulting in physical injury or death of citizens.
(5) Other illegal acts that cause bodily injury or death to citizens.
It should be noted that the implementation time of China's state compensation law is 1, 995, 1. According to the principle that the law does not involve the past, the provisions of the state compensation law cannot be applied to the facts that occurred in 1959. Secondly, the first paragraph of Article 39 of China's State Compensation Law stipulates? The limitation period for the claimant to claim state compensation is two years, counting from the day when he knows or should know that the state organs and their staff members' actions in exercising their functions and powers infringe upon their personal rights and property rights, but the period of restricting personal freedom such as detention is not counted? It has been more than 40 years since Mr. Liu was reeducated through labor at 1959, which obviously exceeded the time limit for applying for state compensation. To sum up, Mr. Liu Can's situation is no longer compensated by the state according to law.
What compensation can I claim in the event of a traffic accident?
Mr. Liao asked: On May 8, my wife was injured in a traffic accident, and the accident certificate confirmed the other party's full responsibility. Now that she has been discharged from the hospital, I want to know what compensation I can claim.
Lawyer Huang answered: According to Article 17 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Personal Injury Compensation Cases, the compensation obligor shall compensate the victim for personal injury, including medical expenses, lost time, nursing expenses, transportation expenses, accommodation expenses, hospital food subsidies and necessary nutrition expenses; If the victim is disabled due to injury, the compensation obligor shall also compensate the necessary expenses incurred due to the increase of daily needs and the income loss caused by the loss of working ability, including disability compensation, disability AIDS, living expenses of the dependents, and necessary rehabilitation expenses, nursing expenses and follow-up treatment expenses actually incurred due to rehabilitation nursing and continuing treatment. In addition, the victim can also claim compensation for mental damage.
Support problem
Form a foster relationship, and the stepchildren should support their stepparents.
Ms. Wang asked: I divorced in 2007 and my children followed me. My ex-husband remarried and didn't have children. Now I want to take care of my children. Will my children support their stepmother when they grow up? In addition, the ex-husband has not paid the child's living expenses according to the agreed time and amount, and some have been more than two years. Can he still be asked to pay the unpaid living expenses?
Lawyer Huang answered: According to the provisions of the Marriage Law, a stepchild who has a foster relationship with his stepparents should support his stepparents, and at the same time, he is not exempted from the obligation to support his biological parents. Parents have the obligation to raise and educate their children. The claim for alimony payment is based on the identity relationship and has personal attributes. As long as the identity relationship between the two parties is not eliminated, the obligee can claim rights according to the identity relationship, and your children can ask your ex-husband to pay the living expenses still owed.
If there is a dependency relationship, the stepfather's property can be inherited
Ms. Su asked: I was only 12 years old when my mother remarried. Now my stepfather has passed away, leaving a house. Do I have the right to inherit?
Lawyer Huang replied: According to the provisions of Article 10 of the Inheritance Law, children are the first heirs of parents, including biological parents, adoptive parents and stepparents with dependent relationships. Therefore, as long as there is a dependency relationship between you and your stepfather, you have the right to inherit the property left by your stepfather.
If the adoption formalities have not been completed, the gift will not be affected.
Ms. Qin asked: Have you gone through the adoption registration procedures? Foster mother? Give the house away? Adopted daughter? And notarized, the content is:? Foster mother? Give the house away? Adopted daughter? . Is the gift relationship valid?
Lawyer Huang replied: A gift contract is a contract in which the donor gives his property to the donee free of charge and the donee accepts the gift. Just? Foster mother? Give the house away? Adopted daughter? Meaning is true, there is no special agreement? The adoption relationship is valid? As a condition for the gift to take effect, the gift relationship is valid, and the gift relationship will not be invalid because the adoption relationship is invalid.
When applying for labor arbitration, you can consider your own convenience.
Mr. Su asked: I have worked in a registered construction company in Jiangxi for more than two years and have been working in Nanning. The company has never signed a labor contract with me. Now that the company has dismissed me without reason, I want to apply for labor arbitration. Where can I apply for labor arbitration?
Lawyer Huang answered: According to Article 21 of China's Labor Dispute Mediation and Arbitration Law, labor disputes shall be under the jurisdiction of the labor dispute arbitration committee in the place where the labor contract is performed or where the employer is located. Jurisdiction can be comprehensively considered according to factors such as favorable conditions for oneself and favorable implementation of effective documents.
If the agreement is not fulfilled, the deposit will be doubled.
Mr. Zheng asked: I'm going to rent a piece of land. I have reached an agreement with the lessor and paid a deposit of several thousand yuan. Now the lessor rents the land to others. Can I ask him to double the deposit?
Lawyer Huang replied: Of course. According to the provisions of Article 89 of the Guarantee Law, the parties may agree that one party shall pay a deposit to the other party as a guarantee for the creditor's rights. After the debtor performs the debt, the deposit shall be used as the price or recovered. If the party paying the deposit fails to perform the agreed debt, it has no right to demand the return of the deposit; If the party receiving the deposit fails to perform the agreed debt, it shall return the deposit twice.