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The CPPCC proposal is heatedly discussed to solve the major problem of citizens' travel-the record of the Harmony EMU going to Beijing to stop at Zibo

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Lawyer Lu Zhifei: Graduated from Renmin University of China with a bachelor's degree in law. He once worked for Qilu Petrochemical Company as an assistant economist.

Business expertise: civil legal affairs, labor disputes, compensation for personal damages, economic contract disputes, company legal affairs, intellectual property rights, criminal legal affairs.

In recent years, the proportion of divorce cases in ordinary civil cases has gradually increased. In particular, the number of divorced couples after the "80s" has continued to rise, and the biggest problem faced by young people when they get married is still solving housing and housing prices continue to rise. Make "grabbing the old" or buying a house from a bank mortgage loan as the main form of obtaining real estate. In view of the fact that mortgage purchases have become a relatively common way of buying houses, how to determine their ownership and division in divorce cases has become an issue of concern to the common people. Since the law is not clearly stipulated and there is no unified understanding in practice, only a rough discussion will be given here. .

In our country, the "personal housing commercial loan" business carried out by banks is called "mortgage", which means that banks use their credit funds to issue self-employed loans to natural persons who are unable or unwilling to pay for the house in a lump sum. . In order to prevent loan risks, the current bank’s main approach is that the lender uses the purchased real estate and the right to use the real estate land as loan collateral, and at the same time, the house seller or professional guarantee company provides guarantee guarantee. After the lender delivers the down payment, Instalment loans are used, and the bank provides loans for the insufficient part of the purchase of houses. When the lender is unable to repay the principal and interest due, the lending bank has the right to realize the mortgage right with its collateral, or the guarantor shall bear the joint liability of repaying the principal and interest. Due to the long contract period, the loan repayment cycle of the lender to the bank can be as long as 30 years. The time for the mortgage loan procedure can be before marriage, during the marriage, after the marriage, and the source of funds for the payment of the house varies. The legal relationship between the parties, these factors make it a difficult point in the division of property in divorce cases.

Since there are no detailed provisions of the law, the courts in different regions deal with differently in the trial process. Sometimes the results vary greatly due to individual details, which is not conducive to protecting the interests of the parties and maintaining the dignity of the law. Here, I believe that the ownership of housing property rights is to be determined. The key to property division.

The following is a brief analysis of several problems encountered in practice:

(1) It has been agreed on how to deal with the housing of the mortgage:

The "Marriage Law" stipulates that both spouses can agree on the ownership of the joint property and pre-marital property of the couple. As long as evidence can be provided to prove the agreement at the time of divorce, it is relatively easy to deal with this type of mortgage property, that is, it can be handled directly according to the agreement between the two parties. If it is agreed that the property belongs to one spouse and the other party participates in the repayment of the loan with its property, the nature of the property being owned by one party cannot be changed, and the other part that has already been paid should be returned at the time of divorce; if agreed It belongs to the husband and wife, even if one has no actual capital contribution or very little capital contribution, the nature of the house as the joint property of the husband and wife cannot be changed.

(2) How to deal with mortgage houses that have no agreed ownership

This kind of problem is much more complicated than the previous item. We discuss separately from the two aspects of the acquisition time of the real estate certificate and the real estate investment.

From the housing transaction, there are two legal facts involved in the change of property rights and the change of creditor's rights. In our country, a real estate registration system is implemented. Without registration, there is no effect of property rights changes. The house ownership certificate is the only legal property right certificate issued to the owner by the real estate administration department. For mortgage houses, the act of paying the first payment and paying the remaining mortgage payment with bank loans is the act of fulfilling the house sale contract. The time when the buyer obtains the ownership is the time filled in the house title certificate. Therefore, in divorce cases, from the certificate It is easy to determine the ownership of the mortgage house in time:

1. The houses purchased by both parties before marriage and the houses purchased in the name of one party or in the joint name of husband and wife after marriage are paid by mortgage. If the property right of the house is acquired during the marriage relationship, it shall be treated as the joint property of the husband and wife.

2. Before the marriage, if the spouse has paid the entire house price by mortgage and obtained the property right before the marriage, it shall be the pre-marital personal property of one party.

3. Before the marriage, one of the spouses personally invested in the purchase of a house, part of the mortgage was paid for the house, and the property right of the house was obtained before the marriage. At the time of divorce, the property rights of the house are still owned by the original purchaser. If the joint property of the husband and wife is used to repay the loan, only a creditor-debt relationship arises between the husband and the wife. The ownership of the property is not changed. The total amount of loans paid together is divided at the time of divorce, and the party who owns the property rights Should be returned, the outstanding loan after the divorce is still the property owner's personal debt.

Next, let’s analyze whether the source of funds to pay for the purchase of a house will affect the determination of the ownership of the house. In reality, although it is recognized that the owner of the real estate certificate registration should be the owner of the house, in some cases the source of the payment for the purchase of the house will often cause disputes on the ownership of the house. Common situations are:

1. Actually invested in the purchase of a house, but did not register as the owner of the house.

At the time of divorce, the unnamed party can also claim rights to the house, but shall bear the burden of proof. Evidence is required to prove that both parties agree that the purchased house is jointly owned and jointly funded by the other party before the marriage. Their contribution to the house is not a gift or loan. This type of mortgage house is considered from the perspective of objective capital contribution and subjectively that the purchased house is jointly owned. It should also be regarded as the joint property of the husband and wife, and the mortgage loan debt shall be regarded as the joint debt of the husband and wife. Therefore, it is best for both parties to sign a written agreement before marriage and leave evidence, otherwise the court may consider it as the other party’s pre-marital property.

2. One party purchases a house before marriage, pays part of the house price, pays the mortgage with the husband and wife's joint property after marriage, and obtains ownership after marriage.

If the property right certificate is registered as jointly owned by the husband and wife after the marriage, it can be deemed that the two parties have reached a consensus on the ownership of the house after the marriage and clearly agreed that the property rights shall be shared by both parties. The court shall treat the divorce case as the joint property of the husband and wife. The payment for the house shall be divided into the repayment of personal property before marriage and the repayment of the joint property of the spouse. The unpaid house payment shall be dealt with as the joint debt of the spouse.

If the property right certificate is registered as owned by one party after the marriage, the house is still personal property. Mortgage loans are personal debts. The participation of one spouse in repaying the loan after marriage does not change the nature of the house as personal property. The part of the returned loan that belongs to the spouse's repayment shall be returned. The reason is that the property right has no cause, and the change of the property right is separate from the cause of the change. The purchaser signs the purchase contract, pays the first payment, and pays the remaining mortgage payment by the bank mortgage (whether the mortgage payment is paid by the personal property of the one party before the marriage or the mortgage payment by the joint property of the husband and wife after the marriage), all are the reasons for the change in the ownership of the house. , Is not the property right, even if the house is delivered or moved in, the purchaser only obtains the right of use instead of the property right. As for the behavior of husband and wife to repay the mortgage together after marriage, it belongs to the situation of using the joint property of the husband and wife to repay personal debts, forming a new relationship between creditor's rights and debts, and does not affect the determination of housing property rights.

Finally, for the mortgaged houses that have not yet obtained the ownership of the property at the time of divorce, according to Article 21 of the "Judicial Interpretation of the Supreme People's Court Marriage Law (2)": "At the time of divorce, both parties have disputes about the houses that have not yet obtained ownership or have not yet obtained full ownership Moreover, the people’s court that fails to reach a negotiation should not decide the ownership of the house, and it should make a decision based on the actual situation. After the parties have obtained the full ownership of the house specified in the preceding paragraph, the dispute can be separately filed in the people’s court." The stipulation, divorce When the ownership of the mortgaged house is disputed but can be negotiated, the ownership of the house can be dealt with according to the agreement of both parties; if the negotiation fails, the court may rule that the mortgaged house belongs to one party and deal with it after the house ownership certificate is issued.

Immigration Tips

1. The difference between green card and nationality. Obtaining the nationality of a certain country is equivalent to becoming a citizen of a certain country and obtaining the same rights and obligations as citizens of that country. The green card is equivalent to maintaining Chinese nationality and having the right of permanent residence in a certain country. It is a document that allows permanent and legal residence. The only difference between a country’s green card and nationality is that the green card does not have the right to vote and stand for election in this country, and the rest of the rights are the same. Therefore, most Chinese entrepreneurs who emigrate choose only to obtain a green card, because China does not recognize dual citizenship. If you only obtain a green card from this country, you will retain your Chinese nationality and you can live in and leave the country freely. However, if you join the nationality of this country, it is equivalent to giving up your Chinese nationality, and you must go to the Chinese embassy in that country for a visa every time you return to your country. 2. Why emigrate? Generally speaking, the external incentives for immigration: better investment environment, more business opportunities, high incomes abroad, better climate and environment, better medical care, better free education, Political stability, social stability, and high social welfare. Domestic impetus for immigration: political risks (naked officials, entrepreneurs’ criminal liability risks), environmental pollution risks (air, water, food safety, life expectancy, high mortality, increased terminal illnesses), social security, war risks, high living cost. High added value of immigrants: choose a safer, happier and more convenient life. Worry-free life brought about by high welfare. Choose a higher quality and free education for the children. Found new investment opportunities. Escaped domestic political and legal risks. It is convenient to go abroad. The continuous appreciation of the renminbi brings the best opportunity for overseas investment.
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17
2014-02

Canadian Investment Immigration, Federal Projects Closed

Time of issue: : 2014-02--17
Recently, a piece of news about Canadian immigration has stirred up waves in the immigration market. The Canadian government will end the 28-year-old investment immigration project, shattering the immigration dream of 50,000 Chinese. Is the hope of investing in Canadian immigration really dashed? Is there any other way to immigrate to Canada? The reporter visited Mr. Cui Guanjun, the director of the first law firm in Zibo City that provides foreign-related legal services and immigration services on current hot issues. , He pointed out: The one-size-fits-all Canadian investment immigration program refers to the Canadian federal investment immigration program. There are many types of Canadian immigration. In terms of investment immigration, in addition to federal investment projects, Canadian provinces also have their own investment immigration projects. At present, the projects nominated by these provinces have not been affected, and the immigration quotas of some provinces have increased, even Record breaking, such as the Saskatchewan nomination program. Due to the closure of the Federal Investment Immigration Program, these immigrant applicants will quickly transfer a large number of them to the provincial nomination programs in search of more secure immigration investment projects. Take the corporate investment immigration project nominated by Saskatchewan as an example. After the 2013 Saskatchewan corporate immigration application was opened, less than 2 weeks, the application quota was emptied. Among them, Chinese applicants account for about 80%, and the application status is extremely hot! Regarding the difference between the Canadian federal investment immigration and the investment immigration nominated by each province, Director Cui Guanjun replied: Under normal circumstances, the investment immigration threshold nominated by each province will be lower than the federal investment immigration threshold, or more conditions. Loose. For example, the aforementioned entrepreneur investment immigration project nominated by Saskatchewan has the advantages of low asset requirements, low investment amount, and no language requirements. Applicants only need to prove assets of 300,000 Canadian dollars, and invest 150,000 Canadian dollars to establish or acquire a business, and then the whole family can immigrate and share the quality of life in Canada with their families. Another example is the BC Business Immigration Program where Vancouver is located. From the current point of view, after the application is approved, the whole family can land in Canada (enjoy the status of permanent residence). After landing, a minimum investment of 200,000 Canadian dollars is required to purchase or create one For business, you can apply for permanent residency status after one year of normal business operation. The feature of this project is that there is no language requirement and no requirement to submit a deposit, and the whole family can land in Canada in about 9 months at the earliest. This is a rare opportunity for people who do not have English skills and are eager to go to Canada. In addition, as the first law firm in Zibo City that provides immigration services by professional lawyers and has established cooperative relationships with many professional immigration lawyers in the United States, Canada and other countries, the reporter asked Director Cui Guanjun to discuss the next step of Canadian investment To make a prediction on immigration policies and trends, he pointed out: First of all, in the future, Canada may hope not to simply introduce funds, but to introduce high-quality corporate talents who can continue to generate income to promote the development of the domestic economy. Secondly, with the closure of Canadian federal investment immigration, immigration projects nominated by various provinces in 2014 will be quickly sought after. In the face of a large number of immigration applicants, it is a foregone conclusion. Third, the immigration projects nominated by each province have their own advantages. Applicants can only seize the quota if they are fully prepared in advance according to their actual conditions. Shandong Dadiren Law Firm, Foreign Business Department Lawyer Cui: 13905330148 Sun lawyer: 13953357713  
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20
2018-08

Shandong Dadiren Law Firm formulated and promulgated the "Working Procedures for Handling Criminal Cases of Underworld Forces"

Time of issue: : 2018-08--20
In order to implement the All-China Lawyers Association’s "Several Opinions on Lawyers’ Handling of Criminal Cases by Underworld Forces" and the relevant regulations of provincial and municipal judicial administrative agencies and the Lawyers Association, to ensure that lawyers can handle criminal cases related to underworld forces in accordance with the law. Lawyers’ rights to practice, regulate the practice of lawyers in handling criminal cases involving criminal forces, and improve their ability to handle criminal cases related to criminal forces. After the research and decision of the partners meeting of Shandong Dadiren Law Firm, on August 20, 2018, the establishment of the Shandong Dadiren Law Firm's Office for the Supervision of Criminal Cases of Underworld Forces was established, and the "Shandong Dadiren Law Firm's Handling of Underworld Crimes" was promulgated. Case Work Rules Shandong Dadiren Law Firm Working Regulations for Handling Criminal Cases of the Underworld Forces Article 1 In order to improve the lawyer’s ability to handle criminal cases related to criminal forces, protect the lawyer’s practice rights, and regulate the practice of criminal cases involving criminal forces of the "Several Opinions on Defense Agency Work in Power Crime Cases" and relevant regulations of provincial and municipal judicial administrative organs and the Lawyers Association, combined with the actual situation of the firm, formulate these regulations. Article 2 The Supervision Office for the Handling of Criminal Cases of the Underworld Forces (hereinafter referred to as the "Supervision Office") shall exercise its powers in accordance with these regulations, and the Supervision Office shall accept the leadership and supervision of the Institute and the Cooperative Conference. Article 3 The Supervision Office of the firm conducts a full follow-up inspection of the lawyers' handling of criminal defense and agency work in criminal cases, strengthens case handling quality supervision and risk management, and guides the resolution of legal problems encountered in the process of handling cases, and finds that lawyers have violated laws and regulations in handling cases It must be stopped and corrected in time. The office should strengthen the management of official seals, and strictly follow the process of "approval first, seal later" to manage the materials of criminal cases involving gangsters, to prevent private collection of charges from occurring. Supervise and supervise the undertaking lawyers to strengthen the file management of criminal cases by the underworld forces to prevent the occurrence of leaks and improper transmission. Article 4 The supervision office of the firm has one director, one deputy director, and several members of the working group, responsible for the daily work of the office, including case filing, supervision, docking with judicial administrative departments and lawyers associations, and exchanging case handling experience with other law firms , Organizing lawyers throughout the firm to conduct relevant business training and case discussions on a regular or irregular basis. If members of the supervision team handle gang-related cases themselves, they shall not participate in the supervision of their own cases as staff members of the supervision office. Article 5 The Supervision Office shall make full use of various channels such as our WeChat groups and training sessions to publicize the correct practice, experience and effectiveness of lawyers in handling criminal cases involving underworld forces. Article 6 The Supervision Office of the Stock Exchange specifically performs the following duties: 1. Conduct pre-examination of the lawyers' handling of gang-related cases, examine the client, the basic situation of the case, etc., and report the review to the director of the supervision office, and the director of the supervision office will decide whether to accept the entrustment; 2. To file a case involving gangs that agree to accept entrustment, the lawyer handling the case shall take the initiative to perform the filing procedures; 3. Train our lawyers on the handling of gang-related cases, practice norms, practice risks, etc.; 4. Supervise the practice behaviors of our lawyers in handling gang-related cases; 5. Provide risk reminders to our lawyers in handling gang-related cases; 6. Maintain the practice rights and interests of our lawyers in handling gang-related cases; 7. Impose penalties for violations of our lawyers in handling gang-related cases; 8. Organize the lawyers of the firm to summarize and communicate with the cases involving gangs handled; 9. Connect with lawyers’ associations and judicial organs, and file the handling of criminal cases in accordance with relevant regulations; Article 7 The lawyers of our firm who act as defenders or litigation agents in criminal cases involving underworld forces must abide by the firm’s systems of uniformly accepting
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28
2018-09

A delegation from the Legal Work Department of the ACFTU visited the Huantai branch for investigation

Time of issue: : 2018-09--28
On September 26, the Legal Work Department of the All-China Federation of Trade Unions came to Shandong Dadiren (Huantai) Law Firm to investigate the development of legal services for employees’ rights protection. Liu Shuai, Deputy Secretary of the County Party Committee, Zhou Huanbao, Chairman of the County Federation of Trade Unions, and the County Judicial Bureau Director Pang Yueming accompanied the investigation. The research team listened to the experience and practices of Huantai County in legal services for employees' rights protection in the county conference center. Fu Sigang, director of Shandong Dadiren (Huantai) Law Firm, provided legal services to law firms and county employees in rights protection The main work of the center in recent years was reported. Then the research team went to Huantai Institute for on-site inspection. The research team unanimously believes that Huantai County will focus on doing a good job in the rights protection of employees in the new era, in-depth development of legal services for rights protection, relying on Shandong Dadiren (Huantai) Law Firm to build an employee rights protection platform, and explore a "guarantee" and "maintenance". "The integrated service system for employees' rights protection combined, and the work of employees' rights protection services has achieved remarkable results. The Huantai County Federation of Trade Unions, relying on Shandong Dadiren (Huantai) Law Firm, established the Huantai County Employees' Rights Protection Legal Service Center in July 2012. Since the establishment of the center, the Huantai Institute has closely followed the requirements of the county party committee and county government to carry out legal services for employees' rights protection. The Huantai Office set up office space, opened a service hotline, and built a green channel for the employee rights protection center, taking multiple measures simultaneously to comprehensively improve the effectiveness of employee legal services. Various activities such as "on-site consultation", law popularization, radio interpretation, etc. have been carried out, combined with the overall situation of our county's law popularization work, in-depth publicity and explanation of various labor protection legal knowledge in agencies, enterprises, schools, communities, etc., have played a good role in the society. effect. Since its establishment more than 6 years ago, it has handled more than 220 labor arbitration and litigation cases, received more than 1,500 employee legal consultations, carried out more than 60 employee rights protection law publicity, and recovered more than 10 million economic losses for employees, reducing and exempting rights protection Staff lawyers cost more than 700,000 yuan, which has formed a good brand effect throughout the county. Huantai Office has been commended as an "advanced collective of judicial administration system" by Zibo Judicial Bureau, and as a "Demonstration Unit of Legal Services for Workers' Rights Protection by Zibo Trade Union" by Zibo Federation of Trade Unions. He was commended as "Outstanding Women's Rights Protection Post" by Zibo Women's Federation, and was awarded the title of "City Youth Civilization" by the Communist Youth League Committee. Many lawyers have been awarded the honorary titles of outstanding lawyers in the provinces and cities, outstanding lawyers in protecting the rights and interests of employees in Zibo, and advanced individuals in the work of helping the disabled in Zibo.  
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15
2018-10

Dadi Renhuantai branch organized "2018 Unity and Cooperation" outreach training activities

Time of issue: : 2018-10--15
On October 13th and 14th, 2018, Shandong Dadiren (Huantai) Law Firm organized all lawyers and administrative staff to the Yuanshan Hard Struggle Memorial Hall to conduct an outreach training event with the theme of "2018 Unity and Cooperation".     On the morning of the 13th, all the staff arrived at the training site, put down their luggage, and formed a team under the guidance of the coach. Each team completed the design of the team name, team flag, and slogan within 25 minutes, and sang the team song. Position, interest, identity and social role communication and communication environment, open up, understand each other in a short time, and integrate into the team, and at the same time prepare the team members to participate in the training psychologically, gain more experience, create a family atmosphere, and form A warm team atmosphere and a winning team belief.       The first activity is "Fetching water from the dragons". Within the specified time, all the team members use tools to take out the water in the specified area. The goal is to train the execution and appeal of trainees; sense of teamwork and cooperation and cooperation; experience the importance of early-stage resource confirmation and reasonable allocation of the project; correct communication and team appreciation, emphasizing the importance of details; personnel division of labor, cooperation and coordination; The physical contact between the team members increases the sense of trust and cohesion; dare to practice and break through empiricism; and an attitude of honesty and integrity. After 30 minutes of running-in, both teams completed the task of fetching water. In addition, the "Rapid 60 Seconds" activity was carried out, requiring each team of students to find the numbers from one to thirty within sixty seconds, and the thirty is a number hidden in each puzzle. The goal is to exercise the analytical skills of the team members, enhance communication and assistance between teams, and enhance the team's sense of time urgency.   On the afternoon of the 13th, all the team members visited the Yuanshan Hard Work Entrepreneurship Hall. Next is the "Santa Game", which requires the entire team to cooperate to move the Santa from its initial position to any other position. The goal is to increase communication among students and improve their communication skills; improve personal resilience in difficult environments; let students better understand the importance of communication in teamwork; master the main points of communication and how to communicate in different environments. On the morning of the 14th, all the trainers visited the Ruyue Lake Wetland Park. On the afternoon of the 14th, the two teams worked together to complete the "150-second speed challenge". The two teams completed the training activity with a good result of 137 seconds under the cooperation and cooperation.  
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