COMMON PROBLEM
The law cannot be overstepped by the former law. It is extremely fair
Ask
How long will the family be informed after criminal detention? Is it illegal not to notify?
Answer
Chinese law stipulates that criminal detention must meet two conditions at the same time:
1. The object of detention is an active criminal or a major suspect. The current criminal refers to the person who is committing a crime, and the major suspect refers to the person who has evidence to prove that he is suspected of a major crime.
2. One of the statutory emergencies. As for what an emergency is, articles 61 and 132 of the Criminal Procedure Law make different provisions on the detention of public security organs and the detention of the People's Procuratorate.
It can be seen that the criminal detention of the party by the public security organ shall not exceed 37 days. After the criminal detention period expires, the procuratorate will deal with the party concerned according to the investigation results of the public security organ. If the party concerned has no criminal evidence, it will be released; The procuratorate will order the public security organ to arrest the party with conclusive evidence.
1. The object of detention is an active criminal or a major suspect. The current criminal refers to the person who is committing a crime, and the major suspect refers to the person who has evidence to prove that he is suspected of a major crime.
2. One of the statutory emergencies. As for what an emergency is, articles 61 and 132 of the Criminal Procedure Law make different provisions on the detention of public security organs and the detention of the People's Procuratorate.
It can be seen that the criminal detention of the party by the public security organ shall not exceed 37 days. After the criminal detention period expires, the procuratorate will deal with the party concerned according to the investigation results of the public security organ. If the party concerned has no criminal evidence, it will be released; The procuratorate will order the public security organ to arrest the party with conclusive evidence.
Ask
How should I compensate for industrial injuries caused by traffic accidents?
Answer
1. If the traffic accident compensation has paid the medical expenses, funeral expenses, nursing expenses, disability appliance expenses, and wages for work delay, the enterprise or the work injury insurance agency will no longer pay the corresponding treatment (the wages for work delay for traffic accident compensation are equivalent to the work injury allowance). The relevant expenses advanced by the enterprise or the work-related injury insurance agency shall be refunded after the employees or their relatives have received the traffic accident compensation.
2. If the death compensation or disability living allowance paid for traffic accident compensation has been received by the injured workers or relatives, the one-time public death allowance or one-time disability allowance of industrial injury insurance will not be issued. However, if the death compensation or disability living allowance paid by the traffic accident compensation is lower than the one-time work-related death allowance or one-time disability allowance of the work-related injury insurance, the enterprise or the work-related injury insurance agency shall make up the difference.
3. If an employee dies or is disabled due to a traffic accident, in addition to the treatment in accordance with the above two items, other work-related injury insurance benefits can be enjoyed according to regulations.
4. If the injured employee cannot obtain compensation for traffic accidents due to the escape of the traffic accident or other reasons, the enterprise or the work injury insurance agency shall give the work injury insurance treatment according to the regulations.
Therefore, if an industrial injury accident occurs, which is the responsibility of the employer, the worker can enjoy the industrial injury treatment according to the Regulations on Industrial Injury Insurance, but if the traffic accident causes industrial injury and the third party is at fault, the worker can enjoy the industrial injury treatment as well as let the third party bear the civil liability for compensation.
2. If the death compensation or disability living allowance paid for traffic accident compensation has been received by the injured workers or relatives, the one-time public death allowance or one-time disability allowance of industrial injury insurance will not be issued. However, if the death compensation or disability living allowance paid by the traffic accident compensation is lower than the one-time work-related death allowance or one-time disability allowance of the work-related injury insurance, the enterprise or the work-related injury insurance agency shall make up the difference.
3. If an employee dies or is disabled due to a traffic accident, in addition to the treatment in accordance with the above two items, other work-related injury insurance benefits can be enjoyed according to regulations.
4. If the injured employee cannot obtain compensation for traffic accidents due to the escape of the traffic accident or other reasons, the enterprise or the work injury insurance agency shall give the work injury insurance treatment according to the regulations.
Therefore, if an industrial injury accident occurs, which is the responsibility of the employer, the worker can enjoy the industrial injury treatment according to the Regulations on Industrial Injury Insurance, but if the traffic accident causes industrial injury and the third party is at fault, the worker can enjoy the industrial injury treatment as well as let the third party bear the civil liability for compensation.
Previous page
1
Next page
CONTACT INFORMATION
OFFICIAL ACCOUNTS
Welcome to add official WeChat consultation
AREAS OF EXPERTISE
>Traffic accident disputes
>Inheritance disputes
>Marriage and family disputes
>Real right dispute
>Company share dispute
>Contract disputes
>Criminal defence
>Intellectual property protection
>Labor disputes
>Intentional injury