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Will concealing the proceeds of corruption and bribery impose additional penalties: State functionaries should be models of discipline, law-abiding and integrity. The deposits of state functionaries abroad shall be declared in accordance with state regulations. Some state functionaries ignore the Constitution and laws and regulations. In their official activities concerning foreign affairs, they do not hesitate to damage the interests of the state, seek personal gains by power, conduct money right transactions, and engage in illegal and criminal activities such as embezzlement and bribery. They deposit the illegal proceeds of embezzlement and bribery at home and abroad out of the mirror, conceal them and do not report them, thus undermining the national integrity system, and at the same time infringing the state's foreign exchange control The state has lost this part of its due foreign exchange earnings. Article 395 of the criminal law of China stipulates that the deposits of state functionaries abroad shall be declared in accordance with the provisions of the state. If the amount is relatively large and the information is not reported, he shall be sentenced to fixed-term imprisonment of not more than two years or criminal detention; if the circumstances are relatively minor, the unit to which he belongs or the competent authority at a higher level shall, at its discretion, give him administrative treatment.

2010 0
Alexander lawyer 2020-05-27 11:23:53

Is the probation contract valid? Is it a labor contract? In judicial practice, a large number of employers often sign a separate probation contract with workers when recruiting them in order to avoid entering into a labor contract with them. The term generally ranges from three months to six months. After the probation contract expires, they decide whether to formally employ the workers or not. The purpose of employing units to do so is often to avoid the law, use cheap labor during the probation period, and facilitate the termination of labor contracts. The labor contract law stipulates that if the labor contract only stipulates the probation period, the probation period will not be established, which is the term of the labor contract.

2110 0
Root mean respect lawyer 2020-05-27 11:21:52

What's the difference between probation period and apprenticeship period: 1. Probation period is a period for both parties to check whether they are suitable for themselves. Probation period is a concept under the labor system. It is agreed by the employer and the employee through equal consultation when they conclude the labor contract when the employer inspects whether the employee meets the employment conditions and whether the employee inspects whether the employer is suitable for their own period. 2. The probation period is the probationary period for the employment of new graduates under the personnel system. According to relevant regulations, in principle, after employing units recruit fresh graduates under the personnel system, they should arrange internships for a period of one year. Those who have been engaged in practical work for more than one year before entering school may be exempted from the probation period with the approval of their units. 3. The period of practice is the stage of students' theoretical application and practical education. During the internship, although students are in the internship unit, the purpose is to combine the theory and practice learned in the classroom, and enhance the practical application ability. It is an extension of classroom teaching. Its identity is still students, still managed by the school, and it is in the implementation of the school's arrangements. The employer only provides the practice place, environment and conditions according to the requirements of the school. Students do not have the status of laborer in the sense of law, have no labor relationship with the internship unit, and are not subject to the adjustment of labor laws and regulations.

1945 0
Sakamoto lawyer 2020-05-27 11:20:34

Is there any land compensation for the replacement of demolition property right? The replacement of demolition property right refers to the exchange of property right between the house which is changed or rebuilt in place and the house which is demolished. The expropriated person loses the property right of the house to be demolished and has the property right of the house to be replaced after the replacement. Property right exchange is one of the ways of compensation and resettlement for house demolition, which is characterized by the compensation of the expropriator to the expropriated in physical form. It usually happens when the expropriated person is not willing to obtain compensation funds to purchase houses in the market, and the expropriated person shall provide appropriate houses to properly settle the expropriated person. The method of property right exchange can be used for both residential and non residential houses, but the appurtenances of non public welfare houses are excluded. In the replacement of demolition property right, the property right of the house is replaced. The property owner can choose the compensation method of property right replacement or the monetary compensation method. However, the property right replacement and monetary compensation can not be enjoyed at the same time. Therefore, there is no land compensation in the replacement of demolition property right.

3775 0
Alexander lawyer 2020-05-26 11:17:00

Does it violate the law to interfere with the other party after divorce? According to the marriage law of the people's Republic of China, divorce shall be granted if the relationship between husband and wife has been broken and mediation is invalid. The legal condition of divorce is that the couple's relationship is really broken. After divorce, the relationship of spouse status between husband and wife is dissolved, the mutual support obligation and the right of inheritance between husband and wife based on the relationship between husband and wife are eliminated, and the right of marriage freedom of both parties is restored. Therefore, after divorce, husband and wife are free individuals and enjoy their legitimate rights and interests. If the act of interfering with the other party after marriage constitutes an infringement, it shall bear the liability of compensation in civil law; if it causes serious damage to the other party and constitutes a criminal offence, it shall bear criminal responsibility. Therefore, whether to interfere in the other party's violation of the law after divorce should be judged from the specific matters and extent of interference in the other party.

3957 0
Ding Zhong He lawyer 2020-05-26 11:15:48

What are the differences between cohabitation and husband wife relationship: (1) they have different constitutive requirements. According to their respective concepts, we can see that the occurrence and recognition of factual marriage in the current trial practice in China are limited by specific time and conditions. But the constitution of cohabitation is relatively limited. (2) The legal consequences of the two are different. Once it is recognized as a factual marriage, it will be treated as a marriage with legal effect when it is specifically handled, and it will be treated as a legal marriage relationship that has been registered and concluded. If it is regarded as cohabitation, the cohabitation itself will not be protected by law. (3) Applicable procedures and relevant regulations are different. After the people's court accepts the case of factual marriage relationship, it shall first conduct mediation according to law. If the mediation is reconciled or the lawsuit is withdrawn, it shall confirm the validity of the marriage relationship, and issue a mediation or written order; if the mediation fails to reconcile, it may mediate the divorce or make a judgment to approve the divorce according to the different situations of each case.

3687 0
Sakamoto lawyer 2020-05-26 11:14:51

What problems should be paid attention to in the determination of the obvious unfairness: 1. The obvious unfairness of the content of civil acts is characterized by the serious disproportion between the interests of the parties and the costs they pay. Therefore, the obvious unfairness can only occur in the civil acts of both parties and with compensation. There is no consideration relationship between unilateral acts and free acts, so it doesn't matter. 2. Whether the content of the act is obviously unfair or not must be determined according to the actual situation at the time of the act. Therefore, after the establishment or performance of the behavior, the target special price will change significantly due to the change of market supply and demand or other factors, as well as in the rural contract, enterprise contract and lease contract, the indicator is set low, but there is no illegal behavior such as power seeking for personal gain, price reduction contract, etc., which is not obviously unfair because the contractor or lessee operates properly in the future and obtains large profits, etc 。 3. In the obviously unfair act, the injured party must violate its true will to propose or accept the major adverse conditions, and the injured party shall bear the burden of proof when claiming the change or cancellation of the act. 4. The right to change or cancel the obviously unfair act should belong to the injured party of the act, but in the case of no intentional illegal act of the profit-making party, if the injured party requests the cancellation of the act and the profit-making party requests to change the content of the act to maintain the effect of the act, the claim of the profit-making party should be supported.

4862 0
Sakamoto lawyer 2020-05-25 10:19:59

How to judge divorce compensation for infidelity in marriage: the relevant content of infidelity in marriage mainly includes three issues: the right to sue for divorce, the division of husband and wife's common property at the time of divorce, and the right to raise children at the time of divorce. During the period of marriage, if one of the husband and wife has an affair, either party may file a divorce lawsuit. After accepting divorce proceedings, the people's court shall first mediate with the divorce parties. After the mediation is invalid, divorce may be granted in case of the following situations: 1. Bigamy or cohabitation with others in the name of husband and wife; 2. Domestic violence or maltreatment or abandonment of family members; 3. Bad habits such as gambling and drug abuse; 4. Separation of husband and wife for more than two years; 5. One party declares missing and the other party declares missing To file for divorce; 6. Other circumstances in which divorce is possible. If there is infidelity in marriage, not only the party without fault can file a divorce lawsuit, but also the party with fault can file a divorce lawsuit.

5280 0
David H. Cameron lawyer 2020-05-25 10:17:26

Infidelity in marriage can be sentenced to several years: Infidelity before marriage is a matter of conscience and morality; infidelity in marriage is not only a matter of morality, but also a matter of destabilizing factors to society. Infidelity does not constitute a violation of law. If infidelity in marriage causes bigamy or passion crime, it is a matter of legal responsibility and sentencing. Sentencing is based on the circumstances.

4985 0
Alexander lawyer 2020-05-25 10:15:38

Does the joint borrower affect the housing loan? Although the joint borrower may not really let you pay, you indirectly perform a guarantee responsibility in the bank. When you make your own loan in the future, a looser bank will only have requirements for your income certificate. Generally, the monthly income is more than twice the monthly repayment amount. For example, if you repay 1000 loans a month, then your income certificate will have 2000 income per month. If you participate in the joint repayment before, the amount of your joint repayment will accumulate to the amount of your future loan repayment. For example, if you jointly repay 1000 yuan per month, and then you repay 1000 yuan per month for your own loan, the bank will require 4000 yuan per month when you issue the income certificate. A more strict bank may classify the loan you are buying as a second home loan.

7259 0
Alexander lawyer 2020-05-22 10:20:13

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