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Necessary legal knowledge
Laws closely related to the people are: General Principles of Civil Law, Property Law, Contract Law, Marriage Law and Consumer Rights Protection Law.
1. It is always harmless to know some legal knowledge. Even, in many cases, the law will become a weapon to protect itself.
2. Civil law is most closely related to personal life. In any case, it is always good to know more about civil law.
For example, the sale of goods, housing lease, involving contract law knowledge; The ventilation and lighting of houses and the registration of house sales involve the knowledge of property law; The knowledge of Tort Liability Law involves raising animals and riding bicycles to injure people. Buying expired unqualified products also has a lot of knowledge about consumer protection law. Therefore, civil law is a law that anyone should understand.
When many problems arise, you may not immediately know which laws you have violated, but when you have more legal contact, you will gradually form some legal thoughts, which can help you judge whether some facts are illegal or not, and what effective ways should you take to safeguard your legitimate rights and interests? For example, if you are injured in a traffic accident, you know that you need to go to a regular hospital for necessary examination and treatment, and you should keep regular invoices, including food, shelter and medical care. Therefore, civil law is a law that everyone should know.
3. If you have time and energy, you can look at the provisions of General Principles of Civil Law, Property Law, Contract Law, Marriage Law and Consumer Protection Law. If you think those things are really boring, you can watch more legal programs and newspapers, such as Legal Report, and you can also learn a lot of legal knowledge through vivid cases in real life.
2. What groups of teenagers must know the legal knowledge?
Since 1985, it is the fourth "five-year" legal popularization period since the national legal popularization education was launched.
During the period of popularizing the law among the whole people, China has been implementing the strategic thought of "starting with dolls", improving the legal concept and legal consciousness of all citizens, and taking teenagers as the focus of legal education. It should be noted that the achievements made in popularizing law among teenagers are universally recognized.
At present, the overall quality and comprehensive efficiency of legal education for teenagers have been improved to a certain stage, and most teenagers know how to protect their legitimate rights and interests through laws and prevent illegal crimes. At the same time, there are still many problems in juvenile legal education, especially many comrades still have misunderstandings, which greatly restricts the effect of popularizing law. Here, the author analyzes five misunderstandings in juvenile legal education.
One of the misunderstandings is that the fundamental purpose of legal education is to prevent juvenile delinquency. The background of advocating legal education first lies in the weak legal consciousness of teenagers at that time, which led to the increase of juvenile delinquency.
Legal education is very necessary to prevent and control juvenile delinquency. However, legal education is not only to prevent juvenile delinquency, but also to those "double-poor students" who need legal education.
In fact, the prevention and control of juvenile delinquency is only the most basic requirement, and legal education has a deeper significance, that is, the modern country we want to build is a country ruled by law. If teenagers want to become qualified citizens, they must have basic legal awareness, otherwise, it will be difficult to adapt to the development of society. Because in any society, only a few people commit crimes. If the significance of popularizing law is only to prevent illegal crimes, it must be only a part of people's concern and attention. The development of a legal society requires all citizens, including teenagers, to have basic legal awareness.
We should also explore its significance from the broader background that modern people adapt to the needs of modern society and govern the country according to law. Legal education should clarify the legal status of teenagers and establish their legal consciousness. The most important and core thing is to cultivate their constitutional awareness and awareness of rights and obligations through legal education.
(1) Constitutional consciousness is the core of legal consciousness, because the Constitution stipulates comprehensive and fundamental issues in all aspects of the country, embodies the highest interests of the country and the people, and is the soul of China law. Therefore, to cultivate young people's legal awareness, the first thing is to let them maintain the dignity of the constitution from an early age, unswervingly adhere to the four basic principles stipulated in the constitution, and resolutely fight against all kinds of unconstitutional acts.
(2) Understanding and mastering the relevant knowledge of rights and obligations is an important content of legal consciousness. Teenagers with good legal awareness should make good use of their legal rights correctly and legally and safeguard their legitimate rights and interests according to law.
Such as political and civil interests, personal rights, property rights, education rights, labor rights, rest rights, marriage and family rights. The law clearly stipulates. Once the rights are violated, you should use legal weapons to protect yourself, and you can't swallow your words and admit that you are unlucky; Don't solve it by "settling". The law is just and teenagers can use it to protect their rights.
Of course, while enjoying the rights stipulated by law extensively, every teenager must also fully fulfill his obligations stipulated by law. Rights may not be exercised and obligations may not be performed.
The law is absolutely not allowed to ask for the exercise of rights without fulfilling obligations. Those who fail to fulfill their obligations and behaviors will be punished by law.
Through legal education, the majority of young people care about the country's democracy and legal system construction, consciously safeguard the dignity of the law, not only dare to safeguard their legitimate rights and interests, but also be able to fight against illegal and criminal activities that infringe on the legitimate interests of the state, the collective and others, and establish the spirit and courage to devote themselves to China's socialist democracy and legal system construction. This also reflects the distinctive characteristics of the times of teenagers and is the hope of a society ruled by law.
The second misunderstanding is to solve outstanding problems through one or two legal lectures. As the main position of juvenile legal education, the school has a specific operational problem.
Nowadays, although many schools have carried out legal education, they can also tell some achievements, but they have not really made efforts to grasp it, or failed to grasp the key points. Most schools still hope to give one or two lectures on legal education after problems arise.
The effect of legal education can be imagined in solving problems. In fact, the National People's Congress Standing Committee (NPCSC) clearly pointed out in the Decision on Basic Popularization of Legal Knowledge among Citizens: "Schools are an important position for popularizing legal knowledge. Universities, middle schools, primary schools and other schools at all levels should offer legal education courses, or add legal education to related courses, which should be included in the teaching plan and combine legal education with moral education and ideological and political education. "
Legal education should pay attention to the formation of special courses, penetrate into various courses, combine with school activities, and cultivate teenagers' legal consciousness through daily study, life, thought and behavior. From now on, educational administrative organs and schools at all levels should attach importance to the training and assessment of legal education teachers, form high-quality legal education textbooks, outlines and teaching guidance materials, have supporting second classes and colorful activities, and scientifically evaluate legal education in schools through strict inspection and evaluation.
The third misunderstanding is to plan, implement and evaluate legal education in real life with knowledge education. From the analysis of the current situation of legal education in schools, many schools attach great importance to the classroom learning of legal knowledge, and take the examination results as the main index to evaluate the effect of popularizing law, which objectively makes the popularization of law education fall into the misunderstanding of simply pursuing scores.
Today's criminals are different from those in the past. Many of them have studied law, are very familiar with the relevant provisions, and can even recite them. Why do they also commit crimes? Because although legal education includes understanding and mastering legal knowledge, legal education cannot be limited to the results of legal knowledge assessment.
Knowing and being familiar with legal knowledge does not mean having legal awareness.
3. Some legal common sense that must be known in life
It can be seen that it is necessary to master some legal knowledge.
Here, I sort out the legal common sense that I should know in my life in the form of cases, hoping to help everyone. 1. Pay attention to the information on the copy of your ID card to prevent it from being stolen by criminals. A copy of the ID card should be marked with the following similar words on the front and back with a blue signature pen: This copy of the ID card is only used for handling the XX credit card of XX Bank on XX, XX, XX, XX, and it is invalid for others to use it, and it is invalid for copying it again.
Note that the text should not cover the ID number, but should cover the personal information of the ID card appropriately to prevent copying after cutting. The back is similar.
2. Credit cards don't need a password, just a signature. If it is stolen, the merchant should bear the main responsibility. Because the merchant has the obligation to review the signature.
But in practice, most cashiers don't look at the signature at all. If the password is stolen, the individual needs to bear the corresponding responsibility, because he has the obligation to keep the password well.
3. Don't persuade the drinker to suffer personal injury or death, and persuade the drinker to bear civil liability. 4. Violators who have not been punished for the same illegal act can only be given an administrative punishment.
For example, when driving an overloaded vehicle on a highway and being punished by a high-speed traffic police, it may not be punished again because it does not have the conditions to correct it on the spot. However, if the conditions for correction on the spot are not applicable, no punishment will be imposed. If you don't wear your seat belt as required, you can correct it on the spot in time. If you still don't wear your seat belt after being punished, you can be punished again.
5. It must be distinguished that deposit and margin deposit are bound by guarantee law. Before the establishment of the main contract, the payer who refuses to conclude the main contract has no right to demand the return of the deposit; If the party receiving the deposit refuses to conclude the main contract, it shall return the deposit twice. And the deposit doesn't double.
6. Keep all bills and medical records for medical treatment. If a medical institution conceals or refuses to provide medical records related to disputes, or forges or destroys medical records, it is directly presumed that the medical institution is at fault. Therefore, you must keep all the bills and medical records when you go to the hospital.
For doctors, write whatever you need to write, protect yourself and avoid lying down. 7.4S shop's liability compensation for the test ride accident. If there is an accident in the 4S shop, the test ride service provider shall bear the responsibility, but if the test ride is at fault, the responsibility of the test ride service provider shall be reduced.
Speaking of which, 4S stores want to cry. 8. During the period when the lease contract of the leased house is not terminated, after the house owner sells the house, the buyer shall not terminate the lease contract with the change of the house owner.
Of course, it is no problem to compensate tenants for voluntary termination. For young people struggling to rent in big cities, please read this article and pay attention to the next one.
9. When renting a house, the landlord must issue a certificate of real estate ownership and keep a copy, commonly known as the real estate license. When renting a house, the landlord must issue a certificate of real estate ownership and keep a copy, commonly known as the real estate license. Prevent the second landlord.
At the same time, the landlord must keep a copy of the renter's ID card and check it with the original. Landlords are obliged to provide relevant documents to assist in handling residence permits.
If you rent a house through an intermediary, don't pay the fee directly to the intermediary. Don't tell the agent anything. The role of intermediary is to provide information. Please ask the landlord directly for other things. The landlord must issue a receipt.
At the same time, indicate the list in the contract, including but not limited to the list of internet fees, water fees, electricity fees, gas fees, property fees and indoor equipment and facilities, and agree whether it is possible to decorate, transform or equip household appliances. 10, divorce, derailment and other evidence must be legal, otherwise the evidence may not be accepted. Evidence collection equipment must come from legal sources. You can install 100 cameras in your home, and be careful not to break the law when you install them casually outside.
Generally speaking, it is very useful to go to the hotel through monitoring. However, this is not necessarily considered cheating.
1 1. Make good use of the recording function in your mobile phone and turn it on at any time. However, it should be noted that please do not delete the original recording. The evidence of copying the recording is not as effective as the original recording.
Don't use threats in the recording, but collect evidence in good faith. 12, WeChat screenshot, QQ screenshot, etc. Of course, it has no evidential effect. In other words, I can forge the same evidence by changing the same avatar.
So don't delete the chat records easily, and the screenshots are meaningless. If you are at ease, you can go to the notary office for notarization.
Chat records have the effect of evidence. 13, the merchant declared that many people should have read the merchant's statement.
The final interpretation right of this activity/card belongs to our store and other similar words. This is illegal.
Exclude or restrict the rights of consumers. The overlord clause is invalid.
In addition, it is illegal for merchants to set the consumption time limit for prepaid cards to expire. 14. If the operator of punitive damages knows that the products or services provided are defective, causing casualties to consumers or others, the victim has the right to demand punitive damages less than twice the losses suffered.
Although it is not as punitive damages as the United States, it is not bad. 15, liquidated damages for labor contract. Fresh graduates worry about liquidated damages every time.
Actually, don't worry, because those are formatted texts. The situation that workers need to pay liquidated damages is limited to Article 22/Article 23 of the Labor Contract Law.
Among them, Article 22 stipulates that if an employer provides special training fees and professional technical training for its employees, it may conclude an agreement with the employees to stipulate the service period. If the laborer violates the service period agreement, he shall pay liquidated damages to the employer in accordance with the agreement.
The amount of liquidated damages shall not exceed the training expenses provided by the employer. The liquidated damages that the employer requires the laborer to pay shall not exceed the training expenses that should be shared for the unfinished part of the service period.
Article 23 stipulates that the employer and the employee may agree in the labor contract to keep the employer's business secrets and confidential matters related to intellectual property rights. For the workers who have the obligation of confidentiality, the employer may stipulate the non-competition clause with the workers in the labor contract or confidentiality agreement, and stipulate that after the labor contract is dissolved or terminated, the economic compensation will be paid to the workers on a monthly basis during the non-competition period.
If the laborer violates the non-competition agreement, he shall pay liquidated damages to the employer in accordance with the agreement. Therefore, if there is no special training, no agreed service period and confidentiality clause, the liquidated damages clause in the labor contract will naturally come together.
But it is best to negotiate amicably and leave the company amicably on the premise of respecting the spirit of the contract. Network link.
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