The legal tips in life are:
1. If a minor child touches someone, the guardian must bear the medical expenses.
2. Inheritance is equal for both men and women, don't forget that married daughters have a share of their parents' inheritance.
3. If you are injured by flower pots falling from upstairs, you can take their managers to court.
4. If you are involved in a traffic accident on your way to or from work, you have the right to ask your employer for work-related injuries.
5. If you are not satisfied with the administrative authorities' fines, license revocation or administrative detention, you can apply for administrative reconsideration.
6. If a person is summoned or detained by the public security organs, the period of time shall not exceed 12 hours, or 24 hours under special circumstances.
7. If a child under the age of 18 does not return to his or her home, the child must be educated, otherwise he or she will have to bear the corresponding legal responsibility.
8, if someone borrows money from you, you must ask him to issue a loan, and the amount of money borrowed must be capitalized. (Note: the statute of limitations for 2 years)
9, if you want to protect their own guys other property, you must not set up a private power grid or set up poison, etc., or waiting for: endangering the safety of the public **** crime.
10, if you become a defendant, and due to financial difficulties did not appoint a lawyer, the people's court can designate the obligation to undertake legal aid lawyers to provide you with legal assistance.
2. Ideological and political elective 5 common sense of law in life content
Common sense of law in life 1. socialist rule of law (1) the nature of the law, the characteristics of the law ① The nature of the law: the law is the embodiment of the will of the ruling class **** the same as the will of the state rises to the level of the ruling class, and the law embodied in the law of fairness and justice, is the fairness and justice recognized by the ruling class.
The law is a system of universally binding behavioral norms formulated or recognized by the state and guaranteed to be implemented by the state's coercive power.A. The content of the will of the ruling class reflected in the law is ultimately determined by the material conditions of life in the society, so the fairness and justice embodied in the law should ultimately be in line with the material mode of production of a certain society, and it is not possible to remain unchanging for all eternity.
B. Factors other than the economy also have a certain influence on the emergence and development of the law, so the fairness and justice embodied in the law should also be understood in relation to social factors other than the economy.C. Our law is the embodiment of the ****same will of the masses of the people under the leadership of the working class.
In our country, the law embodied by the fairness and justice, socialism, fairness and justice, is recognized by the vast majority of people fairness and justice, is a true reflection of social progress, fairness and justice. ② law and characteristics: A. The law is formulated or recognized by the state.
Developed and recognized by the state to create the two basic forms of legal norms. B, the law is the state coercive force to ensure the implementation of the universally binding.
(2) Building a socialist country under the rule of lawThe basic requirements for building a socialist country under the rule of law:1 Insisting that there is a law to be followed, that the law must be followed, that law enforcement must be strict, and that violations of the law must be investigated, is the basic requirement for building a socialist country under the rule of law. ① "There is a law to follow" requires that all aspects of the country's social life, there are laws to follow.
Legislation is a basic political activity of the state. The formation of socialist legal system with Chinese characteristics that meets the needs of reform, opening up and modernization, is the premise and foundation of the rule of law and the construction of a socialist country.
② "There must be compliance with the law" requires that all state organs and armed forces, political parties and social groups, enterprises and institutions and all citizens strictly abide by the law, strictly according to law. (3) "Law enforcement must be strict" and "violations of the law must be investigated" requires that the state administrative organs and judicial organs and their staff must strictly and impartially enforce the law and justice, administration in accordance with the law, law enforcement for the people, and dutifully and conscientiously to combat and sanction all illegal and criminal acts.
2. Civil rights and obligations (1) the right to personal ① respect for personal integrity and dignity: legally protected personality and dignity, belongs to the main part of the right to personal civil law. ② right to life and health: is the most basic right of a person.
③ The right to name and portrait: A. The right to name, the General Principles of Civil Law provides that citizens have the right to name, the right to decide, use and change their name according to law, prohibit others from interfering, stealing, counterfeiting. Generally speaking, before becoming a minor, an individual's name is decided by his or her parents; after becoming an adult, each person has the right to continue to use or change his or her name, but should comply with the state regulations on the management of name and household registration.
In addition, citizens have the right to use pen names or other aliases. b. Portrait rights, citizens have the right to reproduce their own portrait, use and exclude others from infringing on it.
The General Principles of Civil Law stipulate that citizens have the right to portrait, without their consent, shall not use the portrait of citizens for profit. The Supreme People's Court further stipulated in the judicial interpretation that the use of a citizen's portrait for advertising, trademarks, window decorations, etc. without his consent for the purpose of profit shall be recognized as an infringement of the citizen's portrait right.
④ The right to reputation and privacy: A. The right to reputation: Meaning: The positive and good evaluation of oneself by the society or others is called reputation in law. The General Principles of Civil Law stipulate that citizens and legal persons have the right to reputation, and the dignity of citizens is protected by law, and it is prohibited to damage the reputation of citizens and legal persons by insulting or defaming them.
(Citizens and legal persons have the right to reputation) B. The right to privacy is the right of a natural person to control the private sphere of his personal life without interference from others, and it belongs to a kind of personality rights. Its content includes: the right to confidentiality of personal information; the right to live in peace; the right to confidentiality of personal communication; the right to utilize personal privacy.
China's civil law for the privacy of citizens, and the right to honor and protection. The Supreme People's Court in the relevant judicial interpretation of the further stipulates that, in writing, orally and other forms of publicizing the privacy of others, should be recognized as an infringement of citizens' right to reputation.
(2) the right to property rights in kind of three categories: ① ownership: ownership is the right of the right holder can dominate all their belongings, in accordance with their own wishes to possess, use, income and disposal, and enjoy the right to enjoy its benefits. China's ownership is divided into three categories according to the main body: state-owned (owned by all), collective ownership, private ownership.
The acquisition of ownership: for movable property, generally in accordance with the delivery of ownership. That is, the owner in accordance with the intention of the transfer of ownership of their property, the property directly to the other party in possession, the other party has acquired the ownership of the property.
For immovable property, you must go to the relevant departments for registration of property rights, in order to obtain ownership. ② usufructuary rights: is the use of property for the purpose of gain.
In China, the usufructuary rights mainly include the right to use construction land, rural land contract management rights, the right to use the residential base, the right to use state-owned natural resources, easements and so on. Construction land use right, for individual citizens, is often associated with the ownership of commercial properties.
People buy houses from real estate developers, and handle the transfer of property rights, after obtaining the Certificate of House Ownership, they have the ownership of the goods. However, the developer should apply for the State-owned Land Use Right Certificate in order to ensure the legality of the land used for commercial housing.
The right to use rural residential land is the right of rural villagers to build houses and other attachments on collectively owned land. It is an important property right of individual farmers and is related to their immediate interests.
According to the law, the rural villagers residential land, by the township (town) people *** review, by the county-level people *** approval. Rural villagers have the right to long-term possession and use of residential land.
The right to land contract management is another important property right of farmers, and the Law on Rural Land Contracting adopted in 2002 gives farmers the right to long-term and guaranteed land contract management.
Farmers are entitled to reasonable compensation for the expropriation of their homesteads and contracted land. ③ Secured property rights: a category of property rights arising for the purpose of securing the realization of claims is a secured property right.
Including mortgage, pledge, lien. (The law provides that the priority of the three kinds of security rights: lien, pledge, mortgage) (3) intellectual property rights ① copyright.
3. What is the legal knowledge in life
1 to the private clinic for medical accidents, is considered medical malpractice?
According to China's "Regulations on the Treatment of Medical Accidents", the main body of medical accidents should be the medical institutions and their medical staff. The private clinic does not have a license to practice, does not belong to the medical institutions. Therefore, it is not considered a medical malpractice.
2 The hospital rents rooms to others to practice medicine, who is responsible for the accident?
According to the "Regulations on the Administration of Medical Institutions", the establishment of a medical institution must be registered and receive a license to practice as a medical institution. The hospital rents rooms to others to practice medicine, the patient can not be sure of the relationship between the clinic and the hospital. Therefore, the hospital should be liable for compensation.
3 Is there a difference between medical malpractice and medical accident?
The so-called medical malpractice refers to the medical institutions and their medical staff in medical activities, violation of health care management laws, administrative regulations, departmental regulations and diagnosis and care norms, routines, negligence caused by the patient's personal injury accident. The medical accident refers to the patient's special physical or abnormal condition and the occurrence of unpredictable and preventive adverse consequences.
4 Hospitals have the right to refuse to admit critically ill patients?
China's "Practicing Physicians Law" and "Regulations on the Administration of Medical Institutions" are clear on the obligation to save the patient, the hospital shall not refuse the emergency treatment of critically ill patients.
5 Hospitals are not allowed to transfer the patient injury caused by compensation?
The hospital is not allowed to transfer the patient injury, constituting medical malpractice, should be liable for compensation.
Reference:
4. 10 Examples of Laws in Everyday Life
1 Come to work in the morning, you cross the street to obey the road safety traffic law.
2, passing through the food market, bought pancakes copying fruit. He wants to offer, you promise, and the stallholder to form a contract of sale.
3. Come to the Institute, a party to pay the agency fee, did not bring enough, to the Institute played a strip. The parties and the Institute formed a debt relationship.
4, sitting in front of the computer, can not open the computer, broken, let come to repair. Between you and the repair person to establish a contract law processing contractual relationship.
5, people repair finished, let you pay the bill, suddenly found that the wallet is gone. It turned out that the thief attacked the theft, the thief's behavior is theft. Should be sanctioned by law. This is a criminal legal relationship.
6. You report to the public security organs, the public security organs to the New Year's holiday police, you sue the Public Security Bureau, belong to the administrative litigation. You and the public security organs to form an administrative legal relationship.
7. The public security organs lost the case, need to bear the responsibility of compensation. In accordance with the State Compensation Law, you were compensated for your loss. This belongs to the scope of the State Compensation Law adjustment.
8, you are very happy, invite the group to dinner, to the restaurant, and the restaurant to form a contractual relationship.
9, in the restaurant dinner, you desperately persuade the gang to drink, resulting in one person drunk gastrointestinal bleeding, friends sued you, and you formed a tort legal relationship.
10, there are many real-life examples, such as marriage has to zd to meet the legal conditions, divorce has to meet the legal standard ah.
5. Life must know a few legal knowledge
As you can see, it is necessary to have some legal knowledge.
Here will be the life should know the legal knowledge in the form of cases to organize, I hope to be able to help you. 1, the ID card copy to add information to prevent the theft of lawless elements ID card copy should be used with a blue pen in the front and back respectively, add the following similar text: this ID card copy is only used for 20XX XX XX Bank XX credit card, he used the other This copy of the ID card is only for the purpose of applying for XX credit card of XX bank on 20XXX.
The annotated text should not obscure the ID number, but should be appropriate to cover the personal information part of the ID card, in order to prevent cutting and then copying. The back is similar.
2, credit cards do not need to set a password, just a signature When stolen, the merchant bears the main responsibility. This is because the merchant is obligated to review the signature.
But in practice, most cashiers don't even look at the signature. If you set up a password to be stolen, you need to take responsibility for it, because you have the obligation to keep the password.
3, do not persuade the person who was persuaded to drink after the personal injury, persuade the person to bear civil liability. 4, one thing is no longer punished The offender the same offense, can only be punished with an administrative penalty.
For example, you are driving an overloaded vehicle on the highway, due to the conditions of not having to correct on the spot, the high-speed traffic police punishment, and then again when you are investigated shall not be punished again. But with on-the-spot corrective conditions do not apply a matter of no longer penalized, such as not in accordance with the provisions of the seat belt, as can be corrected in a timely manner on the spot, after being punished, still do not wear a seat belt can be punished again.
5, be sure to distinguish between the deposit and deposit deposit deposit subject to security law, the main contract was established before the deposit party refused to enter into the main contract has no right to request the return of the deposit; the deposit party refused to enter into the main contract, the deposit should be doubled back. And the deposit is not doubled back.
6, medical care must retain all the bills, medical records information Medical institutions to hide or refuse to provide medical records related to the dispute, or falsification of the destruction of medical records, the direct presumption that the medical institution is at fault. So, you must keep all the bills, medical records information.
For the doctor should write up, protect yourself, avoid lying shot.7, 4S store test ride in the accident liability compensation 4S store test ride in the accident caused by the test ride people damage by the test ride service provider is responsible, but the test ride people are at fault should be mitigated to provide the test ride service provider's responsibility.
When it comes to this, 4S stores want to cry.8, the sale does not break the lease During the housing lease contract, the owner of the house sells the house, the buyer shall not be required to terminate the lease contract with the change of the owner of the house.
Of course, compensation to the renter of both sides of the voluntary termination is no problem. For the struggling young people who rent in big cities, please read this article and pay attention to the next one.
9, rent must be issued by the landlord of real estate ownership certificate and retain a copy, commonly known as real estate certificate Rent must be issued by the landlord of real estate ownership certificate and retain a copy, commonly known as real estate certificate. Prevent the second landlord.
At the same time, the landlord must retain a copy of the renter's identity card and check with the original. The landlord is obliged to provide the relevant documents to assist in obtaining a residence permit and so on.
Renting a room through an intermediary is not a good idea, but it's a good idea to pay the rent directly to the intermediary, and not to talk to the intermediary about everything, because the intermediary's role is to provide information, and the other things are directly related to the landlord. The first thing you need to do is to get a receipt from the landlord.
And at the same time in the contract specify the list, including but not limited to the network payment status, water, electricity, gas, property costs and the list of equipment and facilities in the house, and at the same time to agree on whether or not you can carry out the renovation, renovation or after the home appliances and other issues. 10, the divorce cheating and so on, the forensics must be legal, or the evidence may not be accepted Forensic equipment must be a source of legitimate, in the installation of the home of their own! A hundred cameras can be installed outside the randomly installed to be careful not to violate the law.
Generally speaking, through the means to go to the hotel to retrieve the monitoring is quite good. However, this is not necessarily recognized as cheating.
11, make good use of the recording function in the cell phone always ready to open the recording function. However, it is important to note that do not delete the original recording, copy the recording after the evidence is not as effective as the original recording.
Don't use threatening and intimidating tones in the recording, and take evidence in a peaceful manner. 12, microblogging screenshots, QQ screenshots, etc. are not certainly evidence of the effectiveness of the In other words, I change the same avatar, can be forged to the same evidence.
So chat records do not easily delete, screenshots do not have any meaning. If you are looking for peace of mind, you can go to a notary public to notarize.
Chat records have the effect of evidence. 13, the business illegal claims Many people should have seen the business said.
This activity / this card final interpretation of all the store and other similar words. This is illegal.
Excluding or limiting the rights of consumers. The company's website is a great source of information about the company's products and services.
In addition, the business if the rechargeable card is set up to consume the time limit expired to zero, is also illegal. 14, punitive damages Operators know that the product or service is defective, and still provide, resulting in casualties to consumers or others, the victim has the right to request the loss of up to two times the punitive damages.
Although the punitive damages are not comparable to those in the United States, they are not bad at all. 15, labor contract damages The newly graduated college students are very worried about the damages every time.
In fact, you don't have to worry about it because it's a formality. The situation in which workers need to pay liquidated damages is limited to Article 22/23 of the Labor Contract Law.
Article 22 of the law provides that the employer shall provide special training expenses for the workers and provide them with professional and technical training, and the employer may enter into an agreement with the workers to agree on the period of service. The laborer violates the agreement on the service period, shall pay liquidated damages to the employer in accordance with the agreement.
The amount of liquidated damages shall not exceed the cost of training provided by the employer. The amount of liquidated damages that the employer requires the worker to pay shall not exceed the amount of training costs that should be shared for the unfulfilled part of the service period.
Article 23 stipulates that the employer and the worker may agree in the labor contract to keep the employer's commercial secrets and confidentiality matters related to intellectual property rights. For workers who are obliged to keep confidentiality, the employer can agree with the workers on the non-competition clause in the employment contract or confidentiality agreement, and agree to give the workers economic compensation on a monthly basis during the non-competition period after the termination or termination of the employment contract.
Laborers who violate the non-compete agreement should pay liquidated damages to the employer according to the agreement. Therefore, if you do not receive special training and agreed period of service, as well as agreed confidentiality terms, the contract of employment in the liquidated damages clause does not matter.
However, it is best to please respect the spirit of the contract under the premise of amicable negotiation, amicable departure. Link to the page.
6. Seek human education version of the ideological and political elective 5 life in the legal knowledge knowledge summary (focus on combining, detailed
1. human life has a unique
The uniqueness of human life is highlighted in that human life is the most intelligent.
The uniqueness of human life is more manifested in the diversity of personality qualities, life paths, and ways and means of realizing the value of life. Each person should according to their own personality, play their own advantages, choose a suitable for their own, unique flash of the road to success, to show their own style, to contribute to the society of their own wisdom and talent.
2. Cherish our lives
(1) Never give up hope. No matter when and where, no matter how much frustration, do not easily give up the hope of life.
(2) Affirm life and respect it.
Everyone's life is valuable. To realize the meaning of life, the pursuit of the value of life, we must be down-to-earth, start from now, start from a little bit of small things.
Everyone has value to the country, society and others. While affirming your own value and cherishing your own life, you should also respect the lives of others and treat them well.
When their lives are threatened, do not give up, do not lose hope; when the lives of others in need of help, as far as possible to lend a helping hand.
(3) Extend the value of life.
We have to cherish life, let the limited life shine, and make unremitting efforts to extend the value of life.
7. Legal Basics
Legal Basics Learning ExperienceIt is an honor that I have the opportunity to learn the course "Legal Basics".
After studying this course, I have a deeper knowledge and understanding of the familiar but unfamiliar word "law". From this course, I learned civil law, procedural law and other legal knowledge close to their own lives, so that I am more aware of the law, understand the law, I believe that in the future, these understandings can also bring me a real meaning! We have been advocating the construction of a society based on the rule of law, both as an ordinary citizen and as a contemporary college student, to carry out the purposes of the state, we should also improve our legal knowledge, and contribute to the construction of a society based on the rule of law for the motherland.
Therefore, I am learning professional knowledge at the same time, but also strive to study the Fundamentals of Law. Be a good student and citizen who knows the law, abides by the law, and uses the law.
As a new era of college students on the desire and pursuit of freedom, is our **** nature. The desk culture in the university campus is growing, and the repeated prohibition of desk culture expresses the contemporary college students "life is precious, love is more expensive; if for freedom, both can be thrown" *** with the voice of the heart.
However, history and reality tell us that freedom is not arbitrary, nor is it doing whatever you want, but it is relative and subject to constraints. Freedom of individuality is constrained from the beginning by two aspects: first, the laws of nature; second, social rules.
Behavior that goes beyond these two cannot taste the sweet fruit of freedom. Law, as a cultural phenomenon and social rule chosen, accepted and inherited by human beings, has been closely related to the acquisition or loss of freedom since its inception.
For the relationship between law and freedom, philosophers have had many wise words. The ancient Roman jurist Cicero said: "We are servants of the law in order to obtain freedom.
The modern French Enlightenment master Montesquieu further pointed out: "Freedom is the right to do all things permitted by law; if a citizen can do what the law prohibits, he will no longer have freedom, because others will have the same right." Marx was more explicit about this. " Marx states this more clearly when he says, "Laws are definite, clear, universal norms in which the existence of freedom has a universal, theoretical, and not dependent on the caprice of an individual.
The code of law is the Bible of the freedom of the people." It can be seen that people should learn the law, master the law, and regulate their behavior by the law in order to obtain real freedom.
The basic law course is a course to help college students master the basic points of jurisprudence and the basic knowledge of the law. Our country began a long time ago to publicize the law, such as the CCTV's "Rule of Law Online" and "Today's Law" programs, which allow us to get closer to the law, and also to the law. Programs such as CCTV's "Rule of Law Online" and "Today's Law" allow us to get closer to and understand how to use legal weapons to protect ourselves. But this is not enough.
We college students, is the future of the country's builders and socialist successor, our legal concept and the degree of legal quality, will be directly related to the new historical period, our Chinese people according to the rule of law, the construction of socialist rule of law in the process of the country. Therefore, college students, no matter what their majors, to learn the fundamentals of law, improve the quality of law, is the inevitable requirements of the socialist rule of law country, but also the inevitable product of social development.
At the same time, because the socialist market economy this is the legal economy. And every one of our college students after graduation will go to the road of socialist market economy construction.
Therefore, we must have the basic legal qualities, so that they can fully utilize the law as a weapon to regulate, guide, constrain and safeguard the activities of market players, the maintenance of market order, the state's macro-control of the market, the market's role in the allocation of resources to play a fundamental role. The socialist market economy development needs a few of our own future development needs is that we must strive to improve their legal quality.
Moreover, because the knowledge system of our specialty is too single, resulting in little exposure to the knowledge that can make their comprehensive quality improvement. And this course is very good to make up for what our specialty lacks, and make our knowledge horizons expand.
It is good to improve their comprehensive ability. For example: when looking for *** do, can better protect their own interests, etc..
In this semester of study, I feel that I have made great changes. I feel that I am more consciously implement the party's basic line, guidelines and policies than before, but also more firmly established the correct political direction.
This is a great help to my own future development. It also makes me understand the positive significance of joining the party.
We students, who are the present and future masters of the country, should actively participate in the political, economic and social life of the country as masters. And since the law is the basic guideline of a socialist rule of law state to ensure that these can function properly, through this course, I understand the significance of the correct participation in the political, economic and social life of the country in accordance with the law.
After studying this course, I have a better understanding of my legal rights and interests, and the procedures and ways to protect these rights and interests. I also have a preliminary sense of self-protection according to law, and have a certain ability to seek legal remedies.
And to a certain extent to improve the level of ideological and moral cultivation. This course not only allows us to have a certain self-protection ability, at the same time, it also makes the knowledge structure of our college students perfect, to adapt to the requirements of the new era of college students.
Improve our own comprehensive quality. Let us better adapt to the development of modern science and technology.
In recent years, due to China's economic system, social structure, values have found a major change in the ideological concepts of college students have also undergone great changes. According to the survey, China's college students crime has been increasing year by year trend.
At this time, it is the time for such a class as "Fundamentals of Law" to play a role, I think, even if such a class can not save all the wrongdoers, but also will certainly have a role in some of them, right? After our country entered the WTO, the knowledge of law is even more essential to our basic knowledge, we should use this legal knowledge in dealing with international relations.
In short, in this semester study of this "legal foundation" class, we mastered the basic theory of jurisprudence, to understand and clarify the basic spirit and provisions of the main legal departments, and in a certain legal knowledge on the basis of the formation of the law and legal phenomena related to the knowledge, ideas, psychology, views and evaluation. And learned to use legal knowledge and legal norms to analyze and solve problems.
Through this course.