How to protect yourself by law? I believe there are many people in our life. There are too many people who don't know the law, and many people don't know even if they break the law, let alone how to protect themselves through the law. Do you know how to protect yourself by law?
How to use the law to protect yourself 1 legal tips (1)
When do parents raise their children?
China's Civil Law stipulates that parents have the obligation to raise and educate their children until they live independently.
In other words, parents' obligation to support their children is limited, not forever. When children are under 18 years old, parents' obligation to support them is unconditional and absolute. When the child reaches the age of 18, the parents' obligation to support is conditional and relative. That is, parents only have the obligation to raise and educate their children who have reached adulthood but have not yet taken part in work, have no economic income and cannot live independently.
The "independent life" here refers to obtaining economic income and independent source of life through work, not marked by marriage and family.
China's "Civil Law" stipulates: "Citizens whose main source of livelihood is their own labor income are 16 years old and under 18 years old, and are regarded as persons with full capacity for civil conduct." In this case, the legal obligations of parents for the upbringing and education of their children can also be regarded as completed or basically completed.
I'm an adult, I've been working, and I have an income. Although I'm not married, I can stand on my own feet financially, and my parents have done their duty to support me. My parents have no legal obligation to support me unless I lose my labor force.
Legal knowledge (2)
1. If a suspect is summoned or detained by the public security organ for violating the law, the longest period for the public security organ to summon or detain the suspect shall not exceed 12 hours.
If you are a junior high school student, the school in charge of nine-year compulsory education has no right to expel students.
3. If you work in an enterprise, the leader asks you to work overtime, but you don't want to work overtime. The Constitution and labor law strictly stipulate that workers have the right to rest, and no one has the right to force you to work overtime.
4. If we don't know what kind of adults around us can legally have no identity cards, the officers' cards or soldiers' cards held by officers and men of the People's Liberation Army and the People's Armed Police Force are valid identity documents.
5. If you are unfortunate enough to be the defendant and you don't entrust a defender due to financial difficulties, the people's court may appoint a lawyer who undertakes the obligation of legal aid to defend you.
Legal knowledge (3)
1. If you are obviously innocent but become the defendant, then you don't have to bother to fight for exemption from prosecution by the procuratorate, because the new criminal procedure law no longer uses exemption from prosecution. But don't worry, you will be acquitted in court.
If your neighbors are noisy because of decoration, you can't live and rest normally. Don't blush and don't pester him. If negotiation fails, you can go to court. Don't think that such a trivial matter is left unattended.
3. If you 10 children hit another child, you, as a guardian, must bear the medical expenses, which is also an indisputable legal provision. This is the same reason that your domestic dog bit someone, and you must give the injured a rabies vaccine.
4. When signing a labor contract with an enterprise, the enterprise can only be dismissed under two circumstances: first, you can leave your job at any time during the probation period agreed by both parties; Second, when the enterprise fails to pay labor remuneration as agreed in the contract. In addition, if you change jobs casually, you must bear legal responsibility.
5. If you are in the minimum wage guarantee, then you should be clear; Overtime and special labor protection fees are not part of this minimum wage.
Legal knowledge (4)
1. If you are deceived by false advertisements, please don't complain about the East and the West by private letter, but report the situation to the industrial and commercial department in time. Don't think that the business sector is omnipotent and omniscient. Your report can sometimes help them well and protect yourself well.
2. Mental patients who commit crimes while conscious should also bear corresponding legal responsibilities. Therefore, don't think that a person who is mentally ill is doomed to bear no legal responsibility. The most important thing is to have enough evidence to prove his mental state when he committed the crime.
If you are strongly dissatisfied with the unit you serve, don't take revenge by transferring the items of the unit. Even if you want to send things back in the future, just scare them. But the law will never include virtual behavior as a decisive factor in the trial, so you will definitely be convicted of theft.
If you are slandered for no reason, you should sue in time. Because the law has a statute of limitations for investigating crimes, if the statutory maximum penalty is less than five years in prison, after five years, the victim will not prosecute, that is, he will not prosecute. According to the provisions of the criminal law, those who commit defamation shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or deprivation of political rights. If you don't sue in three years, it will be too late for you to sue again in three years.
5. If you want to report the illegal and criminal problems of the unit leaders, it is best not to use anonymous letters, because the current discipline inspection and legal departments generally do not accept anonymous reports. If such a real-name report is made, it is necessary to collect as much evidence as possible to ensure success.
Legal tips (5) 1. If you want to lend money to others, you must keep an iou. Formal IOUs include the following contents: loan amount, loan purpose, loan interest rate, repayment time, guarantor or witness. Moreover, the two sides signed a letter of guarantee to avoid possible troubles in the future.
If you see someone selling a small national flag in the street, you must know that this small national flag is illegal and is not allowed to be used. If you just want to decorate your desk or room, please use flowers instead of the national flag.
3. If you are still young, but you are very concerned about providing for the aged, then the first thing you should care about is whether your company has participated in social insurance according to law. Social insurance will help and compensate workers who are old, sick, injured, unemployed and have children.
If your family gives birth to a child through artificial insemination on the basis of full consultation for some reason, then the child is of course a legitimate child. You must fully guarantee that all his rights can be realized, and you can't deprive him of his rights under any pretext.
5. If someone has sex with a young girl under the age of 14, no matter what means are used and whether the young girl agrees or not, it generally constitutes a crime.
6. If you meet a judicial officer who boasts that he has great skills and asks you for money and things step by step to help you, then this person is fake, so you should be careful.
7. If you come home from work and find it stolen, your first task is to report the case immediately, and then wait for the public security personnel to inspect the scene. Never rush in to see what is lost at home, sometimes the clues to solve the case are among those that are easily destroyed.
8. If you accept a large gift from your parents, the most legal way is to ask your parents to write you down. Because in the event of a dispute in the future, the law only authenticates the evidence and does not ask for human feelings.
Legal knowledge (6)
1. Public security personnel who violate legal procedures or abuse their powers, extort confessions by torture or engage in malpractices for personal gain in law enforcement activities may lodge a complaint, which shall be accepted by the petition department of the public security organ.
Second, if you want to go to court, you should at least know the charges of the following cases. Divorce cases 10 yuan to 50 yuan, involving property division exceeding 1 10,000 yuan, the excess shall be paid as 1%. Infringement of the right to name, portrait and reputation, 50 to 100 yuan per case. Property cases should be paid according to the percentage of the disputed amount. /kloc-below 0/000 yuan, per 50 yuan; 1000 yuan to 50,000 yuan, paid by 4%; 50,000 yuan to 6,543,800 yuan, paid by 3%; More than one million yuan, according to 0, 5% to pay. Labor dispute cases, each from 30 yuan to 50 yuan.
3. If you are facing a lawsuit against you because of your absence, then you can provide evidence to prove that the court summons is illegal, that is, you have not used the summons or served it on you according to law, and the court must have a receipt to serve the summons. If you file a complaint on this ground, you may win a retrial in the court.
If you want to try your best to protect your home or other property, you must not use dangerous methods, such as building a private power grid or poisoning, because if someone has bad consequences because of your behavior, then you will be charged with a terrible crime: completely endangering the public!
If you are a woman, you should protest loudly and confidently when you are harassed in public places. Timidity and submission to humiliation can only lead to more unbridled harassment.
Legal knowledge (7)
These recruitment activities are prohibited.
1, providing false recruitment information;
2. Recruiting child laborers and people without legal documents;
3. Collect recruitment fees from job seekers;
4. Collect a deposit or mortgage from the hired personnel;
5. Detain the ID card and other documents of the employed personnel;
6. Seeking illegitimate interests or engaging in other illegal activities in the name of employing people;
7. Refuse to employ or raise the employment standard on the grounds of gender, nationality, race and religious belief (except for jobs and posts that are not suitable for the provisions of the state).
How to use the law to protect yourself 2. Protect individual freedom;
The Constitution of People's Republic of China (PRC) stipulates: "The personal freedom of the people of China and the citizens of China shall be inviolable." This shows that all citizens have the right to personal freedom, and no individual or unit may restrict citizens' personal freedom without the approval of judicial organs. Therefore, when our personal freedom is violated, such as being illegally detained, we must take up legal weapons to protect ourselves.
The right to protect personal dignity;
The Constitution of People's Republic of China (PRC) stipulates: "The personal dignity of People's Republic of China (PRC) citizens is inviolable. It is forbidden to insult, slander and falsely accuse citizens in any way. " To this end, we must stand upright and be human, not condescending. If we are insulted, slandered and falsely accused, we can take up legal weapons to protect ourselves.
Protection of the right to health:
According to the Criminal Law of People's Republic of China (PRC), anyone who intentionally harms another person's body shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance. Health is never allowed to be violated by others. If you are injured or even disabled for various reasons, you can report the case to the public security organ, ask the infringer to compensate for the medical expenses and other losses, and bear the corresponding criminal responsibility, and protect your right to health by law.
Protection of the right to life:
According to the Criminal Law of People's Republic of China (PRC), intentional homicide is punishable by death, life imprisonment or fixed-term imprisonment of more than 10 years; If the circumstances are relatively minor, they shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years, and those who cause death through negligence shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years; If the circumstances are relatively minor, they shall be sentenced to fixed-term imprisonment of not more than three years. It can be seen that the law gives absolute protection to the right to life. When the right to life is threatened, we must bravely take up legal weapons to protect ourselves.
Protection of freedom of marriage:
The Marriage Law of the People's Republic of China stipulates that we implement a marriage system of freedom of marriage, monogamy and equality between men and women, and prohibit arranged marriages, buying and selling marriages and other acts that interfere with freedom of marriage. At present, some women's families in rural areas demand high bride price from men for their personal interests, which is an interference with the freedom of marriage and is not allowed by law. To this end, young men and women who are in love should learn to protect their freedom of marriage with legal weapons and let the law fulfill their love.
Property rights protection:
The Constitution of People's Republic of China (PRC) stipulates that citizens' legitimate private property is inviolable, and the state protects citizens' private property rights and inheritance rights according to law. Our property is hard-won, and the law also protects property rights. When our property rights are violated, such as when our property is stolen, robbed or robbed, we can take up legal weapons to protect ourselves.
How to use the law to protect yourself 3. Safeguard security and rights through laws;
1. To protect yourself and safeguard your rights through the law, you must first know the law. Only by knowing what rights you should enjoy can you protect yourself by legal means and safeguard your rights from infringement. Understand the law, regulate people's behavior by stipulating rights and obligations, and safeguard citizens' legitimate rights and interests by resolving disputes and punishing illegal crimes.
2, the exercise of rights must be carried out in a legal way, in accordance with legal procedures, can not take illegal means.
The legitimate rights and interests of citizens are various. The Constitution and laws protect citizens' legitimate rights and interests, and the law protects citizens' legitimate rights and interests by resolving disputes over rights and obligations among citizens and punishing illegal crimes. Any citizen has the right to seek legal protection from relevant departments, organs and organizations in accordance with legal provisions and legal procedures when his legitimate rights and interests are illegally violated.
The ways to protect one's rights and interests by law mainly include:
(1) Require public security organs, labor administrative departments, civil affairs departments, grassroots people's governments and other relevant departments to deal with it according to law;
(two) the right to apply for mediation to the people's mediation organization or arbitration institution according to law;
(3) You can bring a lawsuit to the people's court according to law. If there are difficulties in litigation, you can apply for legal aid;
(4) complain to individual organizations. Such as consumer associations or women's federations and other social organizations.
Constitution of the people's Republic of China
Article 5
People's Republic of China (PRC) governs the country according to law and builds a socialist country ruled by law.
The state maintains the unity and dignity of the socialist legal system.
All laws, administrative regulations and local regulations shall not contravene the Constitution.
All state organs and armed forces, political parties, social organizations, enterprises and institutions must abide by the Constitution and laws. All violations of the Constitution and laws must be investigated.
No organization or individual may have privileges beyond the Constitution and laws.