Memory Tips for Legal Common Sense
1. Jurisdiction
To solve the case, go to the police. The public security department has a lenient control,
stealing, abducting and trafficking and fraud, murder, arson and rape;
If the criminal is an official, go to the procuratorate to file a case.
Corruption, bribery and malfeasance, abuse of power to infringe on human rights,
directly It is not possible to file a case, it must be cleared at the provincial level or above;
Insult, slander, abuse, violent interference and embezzlement,
As long as there is no murder case, no one will care if you don’t go to the court,
Excessive insults and slanders endanger the country's national security;
A case of minor injury, bigamy and abandonment, intellectual property rights in communications and housing,
The production and sale of fake and shoddy goods, the public security procuratorial office did not file a case.
As long as you have evidence in hand, go to the court and they will take care of it;
There are also some small agencies, which are easy to handle just by looking at their names.
Smugglers and criminals If you go to the customs, you endanger the country's national security.
The army only deals with internal military affairs, and the prison only deals with criminals;
Although the division of labor is different, we will help handle the cases involved.
2. Level jurisdiction
The courts are dedicated to trials, and the grassroots courts are the backbone;
Most criminal cases are handled, and life imprisonment/death sentences are uploaded.
The upper court was busy making judgments after receiving the case, and returned it if it was not up to standard.
The procuratorial organ has great power and will not return it after it is submitted;
For national security and foreigners, the death penalty will be returned to the intermediate court indefinitely.
If one person is guilty and uploaded, the whole case will be blamed together.
The Upper House may condescend to do the trial if it deems it necessary;
The two high courts are quite free. , If you don't own it, you won't try it.
The top executive in the death penalty review department, the decentralization of power is quite confusing.
Civil Law Tips
1. Special statute of limitations for civil litigation
If the first injury is not rented and mailed, it will be valid for two years; if the third ring road is polluted, there will be two statutes of limitations in four years; Five-year life insurance can be extended by twenty years.
Meaning breakdown:
The first sentence refers to the four situations in Article 136 of the General Principles of the Civil Law where the statute of limitations is one year (1) Claiming compensation for physical injury; (2) Selling goods with substandard quality without declaration; (3) Delaying or refusing to pay rent; (4) Storing property being lost or damaged.
The second sentence refers to the general statute of limitations of two years.
The meaning of the third sentence is that the statute of limitations for claiming compensation for damage caused by environmental pollution is three years.
“There are two periods in four years” means that the statute of limitations for international sales of goods and international technology transfer disputes is four years.
“Five-year life insurance” refers to Article 27, Paragraph 2 of the Insurance Law, “The insured or beneficiary of a life insurance policy has the right to request payment of insurance benefits from the insurer. "It will disappear if it is not exercised for five years from the date of occurrence".
The last sentence can be found in Article 137 of the General Principles of the Civil Law: "The period of limitation of action shall be calculated from the time when the rights are known or should have been known to be infringed. However, if it exceeds twenty years from the date when the rights are infringed, The People's Court will not provide protection. Under special circumstances, the People's Court may extend the statute of limitations."
There may be other special statutes of limitations that are not included. If you are interested, you can compile them when you encounter them. If you go in and memorize it together, the effect will be very good.
2. Chapter 8 of the General Principles of Civil Law: Application of law in foreign-related civil legal relations
Mantra: treaties take precedence, international practice; capacity to settle, real estate rights, local law; contract disputes , if you don’t choose, it will be kept secret; the place of infringement shall be governed by the laws of the same country; the place of marriage shall be separated by the court; the custody relationship shall be the closest to the person being supported; the place where movable property died shall be governed by the law of immobility; foreign legal practices shall not violate the public interest.
Note: This chapter is very important and must be taken almost every year. Each of the above formulas corresponds to an item, which can be understood by comparing them.
Attachment: Chapter 8 of the General Principles of the Civil Law: Application of law to foreign-related civil relations
Article 142: The application of law to foreign-related civil relations shall be determined in accordance with the provisions of this chapter.
If an international treaty concluded or acceded to by the People's Republic of China has different provisions from the civil laws of the People's Republic of China, the provisions of the international treaty shall apply, but the provisions of the international treaty shall apply. Except for clauses stated as reserved.
If there are no provisions in the laws of the People's Republic of China and international treaties concluded or acceded to by the People's Republic of China, international practice may apply.
Article 143. If a citizen of the People's Republic of China settles abroad, the law of the country of residence may apply to his capacity for civil conduct.
Article 144 The ownership of real estate shall be governed by the law of the place where the real estate is located.
Article 145 The parties to a foreign-related contract may choose the law applicable to handling contract disputes, unless otherwise provided by law.
If the parties to a foreign-related contract have no choice, the law of the country with the closest connection with the contract shall apply.
Article 146: Damages for infringement shall be governed by the law of the place where the infringement occurred. If both parties have the same nationality or are domiciled in the same country, the law of the parties' home country or the law of their domicile may also be applied.
The laws of the People's Republic of China do not consider acts that occur outside the territory of the People's Republic of China to be infringements and will not be treated as infringements.
Article 147: For marriages between citizens of the People's Republic of China and foreigners, the law of the place where the marriage was concluded shall apply, and for divorce, the law of the place where the court handling the case is located shall apply.
Article 100 Article 48: Support shall be governed by the laws of the country with which the dependent has the closest contact.
Article 149: For legal inheritance of inheritance, the law of the place where the deceased was domiciled at the time of death shall apply to movable property, and the law of the place where the real estate is located shall apply to immovable property.
Article 150 The application of foreign laws or international practices in accordance with the provisions of this chapter shall not violate the social and public interests of the People's Republic of China.
3. Reconsideration jurisdiction
Reconsideration is to go to the superior, not the provincial/central level.
The local government cannot handle the direct jurisdiction, and its own department can handle it;
Geographic jurisdiction is difficult, and the place where the crime was committed is the key.
Public indignation against wandering crimes is great, and probation is controlled by the place of residence;
Several courts have the power, whoever accepts the case first Who takes charge first?
The main location of the crime must be suitable, and it can be transferred when necessary;
International crimes have a great impact, and whoever can capture and who can be sentenced,
Cars and boats The place where the plane stops and the destination station of the train.
A monk who runs away does not go to the temple. The origin of foreign criminals is controlled.
Although the embassy is run by China, it is still counted as a foreign country.
For foreigners who bully others, we will deal with them as soon as they enter the country;
Convicts serving sentences who have missed the crime will generally be returned to the original trial.
If the place where the sentence is served is the place where the crime was committed, If appropriate, you can transfer.
If you commit a crime while serving a sentence, the place where you serve your sentence must be managed.
If you commit a crime while escaping, you will be managed wherever you find it.
These prisoners are really It's troublesome, it's better to kill it with one shot;
Now the military and civilians are engaged in political construction, but the trials are calculated separately.
As long as they are not wearing military uniforms, they will be handled by the local government.
Don’t get involved in military secrets. If you do, they will be under the control of the military.
The Railway Court will take charge of itself. If there is any dispute, it will be decided locally.
4. About detention
Discovered, with proof,
Being accused, afraid of crime, ("fear of crime" commits suicide/"fear of crime" absconds)
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Destroying evidence and perjuring evidence and colluding with confessions,
Fleeing and collaborating multiple times,
Failure to tell the truth and keeping one’s identity unknown;
Public security agencies will enforce it.
If a certificate is issued at or above the county level,
Notification/interrogation will take one day each.
If there are no problems, the applicant will be released.
Report to the procuratorate within three days,
make a judgment within seven days,
usually up to fourteen days,
thirty-seven days Maximum time limit.
About arrest
Three certificates, three terms and one sentence,
One batch will be executed one by one,
One day notice/interrogation each ,
Improper release certificate.
Note: "Three periods": serious illness/pregnancy/breastfeeding, which is distinguished from the "three periods" of labor law.
Read this formula and memorize 34 aggravating circumstances
Aggravated circumstances are numerous and confusing. After reading this formula, it is not difficult to remember:
The young girl followed Children, asking for bribes and recidivism;
Colluding with internal and external parties to violate national security, using armed/police to carry out rebellion;
Four minors,
Instigating drug and pornography trafficking, seducing Gathering a crowd to engage in fornication;
Four countries did it,
resulting in bankruptcy due to dereliction of duty, escaping with secrets, illegal detention and false accusation;
Three judicial officers,
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Forged evidence, destroyed evidence, obstructed testimony, forced a confession to cause a murder, illegally searched the room;
Detained, beaten and humiliated, used prostitution to promote the third industry,
Fake money manufacturing and transportation Selling, cutting down trees in the reserve,
Postal staff engaged in theft, individuals misappropriated special funds,
Smuggling armed cover, pretending to be police officers, anti-drug officers protecting drug criminals,
Drug convicts enter the palace for the second time, produce pornography and spread it indiscriminately, supervise and torture the dead and disabled,
defraud foreign exchange and forge customs declaration forms, relevant personnel help,
wartime sabotage and Obstacles, military equipment and personnel.
About the aggravation of results:
1. Robbery: Enter a house and get into a car to rob a bank. Many times there are huge casualties. Pretend to be a military policeman with a gun. Special supplies cannot be robbed.
2. Rape: Gang rape in public, with many casualties and atrocious circumstances.
Legacy, reduction and exemption depend on the circumstances and performance.
The first level should be exempted, and the crime should be suspended without harm.
The second level , can be exempted, the crime of surrendering is minor, the drugs are confiscated,
Third grade, should be reduced and exempted, two accomplices who committed crimes, surrendered and performed meritorious services,
Second Fourth class, can be reduced or exempted, foreign crime has been convicted, major meritorious service, bribery parties confess, small amount of corruption refund,
Fifth class, is an accessory, mitigated and exempted,
The sixth class, which can be reduced or exempted, is a deaf-mute and blind person who is ready to commit the crime, and the conscience of a cult is discovered,
the seventh class, which should be reduced, and the crime should be suspended if the damage is caused,
The eighth grade, should be given a lighter sentence and a reduced sentence, a bad boy who is not satisfied with the 18th grade,
The last grade, can be given a lighter sentence and a reduced sentence, abetment of attempted mental illness, surrender/attempted meritorious service.
Personal income tax is 1-3 cents per year, remember this:
1. Payable:
Self-employed workers and wage contractors,
Charter remuneration and labor services,
Dividend interest plus bonus,
Transfer of incidental income to lease .
2. Exemption:
Government/organization issues bonus, (provincial and ministerial level or above)
State subsidizes interest on national debt, (subsidy/allowance)
Three fees and two payments Once compensation is paid,
diplomatically retires veteran cadres. (Retired cadres/employees)
3. Can be reduced:
Disabled, orphaned, elderly people and victims of martyrs, those suffering from natural disasters;
Reductions and exemptions cannot be too arbitrary, the financial department has the final say.
Note: Welfare fee/job transfer fee/demobilization fee/pension/relief/insurance compensation.
Comparative memory with the four fees, one payment and one remuneration that are implemented in advance in civil lawsuits: alimony/support/nursing expenses/medical expenses/pension/labor remuneration.
State compensation in administrative proceedings is also exempt from tax.
The first written law in Roman history: "The Law of the Twelve Tables";
The first bourgeois country to form a constitution: the British Constitution ("the mother of modern constitutions") ;
The first declaration of human rights: the "Declaration of Independence"/United States;
The first written constitution: the 1787 "United States Constitution";
The first part Written constitution in continental Europe: 1791 "French Constitution";
The first civil code of capitalist society: "French Civil Code" ("Napoleonic Civil Code");
The first Modern bourgeois constitution: 1919 "Weimar Constitution" ("Constitution of the German Republic");
The largest (first) civil code of a capitalist country: 1900 "German Civil Code" ( "The culmination of German legal science");
The first Japanese written code: "Daho Ryuto";
The first Japanese constitution: "Meiji Constitution".
This year’s judicial examination is the first time to test the history of legal system (law examinations are available from 86 to 92), so let’s remember this first time:
The first time to publish statutory law: Zheng Guo/Zi Chan/"Cast the Book of Punishment";
The first systematic feudal written code: "The Book of Laws"/Warring States/Wei/Li Kui;
The first time Changed the law into law: Shang Yang/Qin;
The first abolition of corporal punishment: Emperor Wen of the Han Dynasty;
The first time to establish that "a close relative can lead to the concealment of the Prime Minister's head": Emperor Xuan of the Han Dynasty;
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The first time "Eight Discussions" were included in the code: "Wei Code";
The first time "official positions" were included in the code: "Northern Wei Code"/"Chen Code";
The first stipulation of the "Ten Articles of Serious Crimes": "Northern Qi Code";
The first abolition of castration: the Southern and Northern Dynasties;
The first stipulation of "Five Serious Services" "Punishment": "Jin Code"/"Northern Qi Code";
The first repetition of the death penalty: Emperor Taiwu of the Northern Wei Dynasty;
The first establishment of the Dali Temple: the Northern Qi Dynasty;
The first stipulation of the "Ten Evils": "Tang Code";
The first published code: "Song Xingtong";
No. A six-part legal system at one time: "Da Ming Code";
The first imperial edict was established by Ming Taizu/Zhu Yuanzhang;
The last (penultimate) feudal legal code: "The Laws and Regulations of the Qing Dynasty";
The first constitutional document: "The Outline of the Imperial Constitution";
The first criminal code in the modern sense: "The Penal Code of the Qing Dynasty";
The first bourgeois constitutional document: "Provisional Constitution of the Republic of China";
The first draft constitution of the Beiyang Government: "Temple of Heaven Constitution"/"Constitution of the Republic of China" ( Draft);
The first officially announced constitution in modern history: the "Constitution of the Republic of China" ("Vote Bribery Constitution").