The compensation for illegal forced demolition includes losses such as the value of the house, the items in the house, temporary relocation, suspension of production and business, and interest; according to Article 36 of the State Compensation Law, if the house can be restored to its original state, it shall be restored; if not, compensation shall be paid.
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When cultivated land is expropriated, the owners should be compensated with land compensation fees, resettlement assistance fees, and compensation for housing and seedlings, and be provided with social security arrangements. If the compensation is not in place or the procedures are illegal, the owners can seek protection through information disclosure, reconsideration, and litigation.
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The land expropriation without announcement, without a hearing, expropriation before approval, or forced demolition in violation of procedures are all procedural violations. The expropriated persons can file for reconsideration within 60 days or bring an administrative lawsuit within six months to request the revocation of the expropriation decision or a declaration of its illegality.
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Generally, the request for approval of arrest shall be submitted within 3 days after criminal detention. In special cases, the period may be extended by 1 to 4 days, and for those who have committed multiple crimes or formed gangs, the period may be extended to 30 days. The procuratorate shall make a decision within 7 days, with a maximum period of 37 days. During the investigation stage, efforts ...
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Criminal defense is billed by stages or for the entire process; risk-based attorney fees are prohibited in criminal litigation. The fees are negotiated and agreed upon in writing based on the complexity of the case, and those who are financially struggling can apply for legal aid.
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Criminal defense can be divided into three stages: investigation, review of prosecution, and trial: meeting to obtain bail, reviewing the case file and communicating with the client, and defending in court; according to Articles 34, 40, and 187 of the Criminal Procedure Law, lawyers can get involved in the investigation stage.
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The death penalty shall be approved by the Supreme Court; the review shall include questioning the defendant and hearing the defense lawyer's opinions. The focus is on the standard of proof, mitigating circumstances, procedural legality, and whether the death penalty must be executed immediately.
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According to Article 252 of the Criminal Procedure Law, an appeal may be filed, and Article 253 lists five circumstances under which a retrial should be conducted, including new evidence, factual errors, insufficient evidence, misapplication of the law, and procedural violations or miscarriages of justice.
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After being detained in custody, the lawyer can meet with the client, understand the case, apply for bail, and file appeals and complaints; the lawyer can intervene in accordance with Articles 34, 67, and 75 of the Criminal Procedure Law to seize the golden period of 37 days.
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During the period of criminal detention, family members should hire a lawyer as soon as possible to meet with the detainee, understand the suspected charges and the detention facility, prepare daily necessities, never destroy or falsify evidence, and pay attention to the detention period and the notification documents.
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The success rate of obtaining bail depends on whether the conditions set forth in Article 67 of the Criminal Procedure Law are met. If a lawyer meets with the client during the investigation stage, argues that there is no social danger, and submits an application, the success rate will be significantly increased.
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In criminal defense, the defense attorney independently safeguards the suspect's litigation rights, and only lawyers can intervene in the investigation stage; in civil litigation, the attorney acts on behalf of the client within the scope of authorization. The status and purpose of the two are different.
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If the public security organ refuses to file a case, the victim can first apply for a reconsideration and request a review by a higher authority. If the public security organ should file a case but refuses to do so, the victim can apply to the procuratorate for supervision of the case filing. Once the procuratorate notifies the public security organ to file a case, the public security organ must d...
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To prevent a will from being invalid, it is necessary to adhere to three fundamental principles: the testator must sign and date the will by himself/herself, the witnesses must be independent, and the will must only dispose of personal property while reserving the required portion.
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For remarried families, it is advisable to draft a legal will as soon as possible and cooperate with property agreements, insurance, and trusts to clarify the ownership of real estate and deposits. A self-written will must be signed by the testator and dated, and the attached obligations must be enforceable.
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