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Is a person guilty of a crime or a citizen: according to the provisions of China's constitution, all people with the nationality of the people's Republic of China are Chinese citizens, so those who commit crimes are still citizens of the people's Republic of China. The citizens and the people are all the same. They are the people who have the power and the duty in this country. All citizens of the people's Republic of China are equal before the law. The state respects and guarantees human rights. Any citizen enjoys the rights prescribed by the Constitution and the law, and at the same time must perform the obligations prescribed by the Constitution and the law. Citizens of the people's Republic of China who have reached the age of 18 have the right to vote and stand for election, regardless of nationality, race, sex, occupation, family background, religious belief, educational level, property status or length of residence, with the exception of persons deprived of political rights in accordance with the law.

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Chi Tai min lawyer 2020-07-02 11:01:58

What does conviction not arrest mean: Conviction does not arrest, is suspected of a crime, but there is no need to arrest or there is a legal should not be arrested. After the decision is made, the suspect will be released, and the public security organ will take other compulsory measures, such as obtaining a guarantor pending trial and residential surveillance. Conviction without arrest does not mean no prosecution. Arrest and prosecution are two links of criminal procedure, which are implemented by different departments of the procuratorate. The former is handled by the arrest approval department, while the latter is handled by the prosecution department. Whether to arrest is only a matter of deciding whether to restrict the personal freedom of the criminal suspect, and it is a procedural problem; whether not to prosecute is a matter of substance, which is to decide whether to transfer the suspect to prosecution and deliver to trial after the investigation work is finished.

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Alexander lawyer 2020-07-01 11:15:31

How long is the detention house without conviction: if it is not a particularly serious criminal case and the whole procedure has been completed, if the court does not convict and sentence the case, or if it is determined to be guilty but sentenced to a suspended sentence, the detention house is usually held for five or six months. If a person is suspected of committing a crime, the time spent in the detention center, including the period of criminal detention, the period of detention after arrest, and the time limit for the procuratorate to examine and prosecute. After the procuratorate has initiated a public prosecution, if no sentence has been imposed or if the sentence is convicted but the sentence is suspended, it can be released. First of all, the public security organs will detain them according to the situation. If they are major suspects who commit crimes from afar, gang or many times, the time of applying for approval of arrest can be extended to one month, that is to say, criminal detention is generally more than ten days, and the longest period is seven days It's 37 days. In general, the time limit for investigation after arrest shall not exceed two months. For cases with complicated circumstances, it may be extended by one month with the approval of the people's Procuratorate at the next higher level. If it is an area with inconvenient transportation, a major criminal group case, or a fugitive crime, it can be extended for another two months with the approval of the provincial procuratorate. For suspects who may be sentenced to less than 10 years' penalty, they shall be extended for another two months with the approval of the provincial procuratorate.

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Root mean respect lawyer 2020-07-01 11:14:08

What kind of crime does malicious asking for salary constitute: malicious asking for salary constitutes the crime of malicious asking for salary. 1. The so-called "malicious wage seeking" refers to the behavior that the foreman of the contract colludes with some migrant workers to forge evidence, falsely report or falsely claim wages, or incite the migrant workers to take radical measures to blackmail and extort, and claim excessive compensation to obtain illegal benefits. With the Spring Festival approaching, the construction industry has entered the peak period of project payment and migrant workers' wages. 2. Migrant workers should take back their hard-earned hard-earned money before they return home. However, they must be rational and legal to ask for wages. According to the notice on establishing labor relations (the original labor and social security department [2005] No. 12), when the employer does not sign a labor contract with the laborer, it can be referred to the following The following documents are listed: (1) including wage payment certificate or record, the "work card" issued by the employer to the laborer and other documents that can prove the identity, attendance records, etc. (2) Therefore, as long as migrant workers pay attention to collecting and retaining the above evidence in their work, the labor and social security administrative department will help them to protect their rights and recover their arrears of wages in case of wage disputes. In recent years, China's judicial organs continue to improve the mechanism of migrant workers' rights protection, and severely punish the construction enterprises' malicious arrears of migrant workers' wages, or the behavior of instructing migrant workers to ask for wages in the name of asking for wages.

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Sakamoto lawyer 2020-07-01 11:11:27

What are the conditions for the establishment of the crime of omission: according to the theory of criminal law of our country, the harmful behavior in the objective aspect of crime can be summarized into two basic forms, namely, act and omission. Omission refers to the harmful behavior that the actor has the specific legal obligation to carry out a certain behavior and can perform but not perform it. The crime of omission refers to the perpetrator's implementation of harmful behavior in the form of omission A crime committed for. The establishment of omission should have the following three conditions: 1. The actor has the legal obligation to carry out the specific positive behavior. 2. The actor is able to perform specific obligations. 3. The perpetrator fails to perform specific obligations, which may cause or may cause harmful consequences.

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Root mean respect lawyer 2020-06-30 09:28:52

The standard of filing a case of false litigation crime: the crime of false litigation is to bring a civil action based on fabricated facts, which impairs the judicial order or seriously infringes upon the legitimate rights and interests of others. 1. Whoever brings a civil action based on fabricated facts, impairs judicial order or seriously infringes upon the lawful rights and interests of others shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance and shall also, or shall only, be fined; if the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined. 2. If a unit commits the crime of false litigation, it shall be fined, and the persons who are directly in charge and other persons who are directly responsible for the crime shall be punished in accordance with the provisions of the preceding paragraph. 3. Whoever commits the act mentioned in the first paragraph, illegally occupies another person's property or evades legal debts, which constitutes another crime, shall be convicted and given a heavier punishment in accordance with the provisions on heavier punishment. 4. Judicial personnel who, by taking advantage of their functions and powers, commit the acts mentioned in the preceding three paragraphs together with others shall be given a heavier punishment; those who commit other crimes at the same time shall be convicted and given heavier punishment in accordance with the provisions on heavier punishment.

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Sakamoto lawyer 2020-06-30 09:26:09

How to judge the two charges: there are two charges, the general punishment for several crimes, one person for several crimes, the court sentencing for several crimes separately, and the way of combined execution between the punishments. The combined punishment for several crimes refers to the punishment that the criminals who commit more than two crimes are sentenced and executed according to certain principles after conviction and sentencing of each crime.

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Chi Tai min lawyer 2020-06-30 09:23:29

Is it legal for a company to give up a crime free certificate: it is illegal. The crime free certificate should be applied for by the employer and not issued by the public security organ. The criminal record is the internal information of public security organs. If it is necessary for the state administrative and judicial organs to investigate or investigate the appointment of personnel in important posts of enterprises and institutions, the units that need to send personnel to hold valid certificates and unit introduction letters, apply for the police station to issue certificates, and do not issue certificates to individuals. The Department responsible for providing criminal information and its staff shall provide relevant information to the criminal information registration authority in a timely and accurate manner. If the information is not provided in accordance with the provisions, or the false or forged information is intentionally provided, and the circumstances are serious or serious consequences are caused, the relevant personnel shall be investigated for responsibility according to law. Units and individuals that use criminal information shall use relevant information for the purpose of inquiry and keep the criminal information confidential. If the criminal information is not used in accordance with the provisions, and the circumstances are serious or serious consequences are caused, the relevant personnel shall be investigated for responsibility according to law.

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Sakamoto lawyer 2020-06-29 10:38:47

Is it the responsibility of other people to drink at the table? Drinking behavior is a group friendship activity participated by all the drinkers. It has spontaneity and autonomy. In most cases, whether or not participants drink alcohol and how much they drink are all voluntary. So, are the drinking participants responsible for the personal injury of other drinking participants after drinking, such as traffic accident, drowning, falling and so on? In fact, the question is whether the participants have the obligation to ensure the personal safety of other participants? For the drinkers, the obligation of safety protection comes from the possibility that the prior drinking behavior may cause danger. In order to avoid the occurrence of safety risk, the drinkers have the obligation to remind, advise, dissuade, inform, assist, take care of and help each other. Therefore, the participants who fail to fulfill the security obligations mentioned above should bear tort liability for the personal damage suffered by other participants according to their fault degree. It should be noted that the responsibility division between the participants and the victims should be mainly based on the degree of control of the victim's drinking behavior. Therefore, the organizer should perform a higher duty of care than other drinkers, and the victim should generally bear the main responsibility.

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Root mean respect lawyer 2020-06-29 10:36:38

How to convict the injured by employing murderers: 1. The main culprit in the joint crime of intentional injury shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance. If serious injury is caused to a person, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years; if death is caused to a person or serious disability is caused to a person by special cruel means, he shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or death. 2. A minor injury does not constitute a crime, but the public security department may impose a public security penalty, that is, detention or fine. In addition, the injured have to bear the financial compensation. 3. According to Article 234 of the criminal law, Whoever intentionally injures another person's body shall be put on file. Intentional injury to others, only when the legal standard of minor injury and serious injury is met, can the crime of intentional injury be constituted and filed.

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Alexander lawyer 2020-06-29 10:35:28

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