Common sense of civil law in daily life

1. What legal common sense exists in daily life

1. If a traffic accident occurs on the way to and from get off work, you have the right to request work-related injury benefits from your employer, including stopping by to buy groceries after get off work. situation. Commuting to and from get off work includes four situations:

1. Commuting between work and residence, regular residence, and work dormitory within a reasonable time and on a reasonable route;

2. Commuting between the workplace and the residence of spouse, parents, and children within a reasonable time and on a reasonable route;

3. Engage in activities required for daily work and life, and within a reasonable time and other reasonable routes on the way to and from work;

4. On the way to and from get off work on other reasonable routes within a reasonable time.

2. If a child under the age of 18 stays up at night, the child must be educated, otherwise he will bear corresponding legal responsibilities.

3. If someone lends you money, you must ask them to issue an IOU, and the loan amount must be capitalized. (Note: The statute of limitations is 2 years)

4. If you want to protect your home or other property, you must not set up a power grid or set up poisons, otherwise you may commit the crime of endangering public safety. Paragraph 1 of Article 37 of the "Public Security Administration Punishment Law of the People's Republic of China" stipulates: Anyone who installs or uses a power grid without approval, or who installs or uses a power grid that does not comply with safety regulations, shall be detained for not more than 5 days or fined 500 yuan. A fine of not more than 500 yuan; if the circumstances are serious, he or she shall be detained for not less than 5 days but not more than 10 days, and may also be fined not more than 500 yuan.

2. What are the legal common sense in daily life?

The legal common sense in daily life are: 1. If a minor child bruises someone, the guardian must bear the medical expenses.

2. Inheritance rights are equal between men and women. As a married daughter, don’t forget that you have a share of your parents’ inheritance. 3. If you are injured by a flower pot falling from upstairs, you can take their manager to court.

4. If a traffic accident occurs on the way to and from get off work, you have the right to request work-related injury benefits from your employer. 5. If you are dissatisfied with the administrative agency's fines, license revocation, administrative detention, etc., you can apply for administrative reconsideration.

6. If summoned or detained by the public security organ, the time shall not exceed 12 hours, and under special circumstances shall not exceed 24 hours. 7. If the children under the age of 18 do not return home, they must be educated, otherwise they will bear corresponding legal responsibilities.

8. If someone lends you money, you must ask them to issue an IOU, and the loan amount must be capitalized. (Note: The statute of limitations is 2 years) 9. If you want to protect your own property and other property, you must not set up a power grid or set up poisons, otherwise what awaits you will be: the crime of endangering public safety.

10. If you become a defendant and do not retain a lawyer due to financial difficulties, the people's court can designate a lawyer with legal aid obligations to provide you with legal assistance.

3. 600-word case analysis of legal common sense in daily life

Personal rights

① Respect personality and dignity: Personality and dignity protected by law belong to civil law The main part of personal rights.

②The right to life and health: It is a person’s most basic right.

③Right of name and right of portrait

The right of name, the General Principles of Civil Law stipulates that citizens enjoy the right of name and have the right to decide, use and change their names in accordance with the law, prohibition

Interference, misappropriation or counterfeiting by others. Generally speaking, before minors, an individual's name is determined by his or her parents; after reaching adulthood, everyone has the right to continue to use or change his or her name, but must abide by the relevant national name and household registration regulations. regulations. In addition, citizens have the right to use pen names or other aliases.

4. Ask well-intentioned people to ask some common sense about the law in life

Legal common sense:

1. If an underage child hurts someone, Guardians must bear the medical expenses;

2. Inheritance rights are equal between men and women. Married daughters should not forget that the daughter has a share of her parents’ inheritance;

3. If you are taken from upstairs If you are injured by a falling flower pot, you can directly take the flower gardener to court;

4. If a traffic accident occurs on your way to and from get off work, you have the right to request work-related injury benefits from your employer;

5. If you are not satisfied with the administrative agency's fines, license revocation, administrative detention, etc., you can apply for administrative reconsideration;

6. If you are summoned or detained by the public security agency, the time shall not exceed 12 hours, except in special circumstances No more than 24 hours;

7. If a child under 18 years old does not come home at night, the child must be educated, otherwise he will bear the corresponding legal liability;

8. If someone else borrows money, he must issue a IOU, and the loan amount must be capitalized (note: the statute of limitations is 2 years);

9. If you want to protect your other property, do not set up a private loan It is a crime to endanger public safety;

10. If you become a defendant and do not retain a lawyer due to financial difficulties, the people's court can designate a lawyer with legal aid obligations to provide you with legal aid. Help;

11. If you want to write a will, you must indicate the month, day and signature in person. If you want someone to write a document on your behalf, two or more witnesses must be present to witness it. The attorney, witnesses, and testator must all sign. It is best to entrust a lawyer to witness and execute the will;

12. Citizens in the process of alimony, work-related injuries , criminal proceedings, requests for state compensation and requests for pensions in accordance with the law, etc., need the help of lawyers. Legal persons who need legal services but cannot afford lawyer fees can obtain assistance in accordance with national regulations;

13. Please Lawyer Tips.

(1). An agency contract must be signed with the law firm;

(2) The lawyer’s agency rights must be clear;

(3) Pay the lawyer's agency fee to the law firm;

(4) Tell the truth to the lawyer;

(5) Have a correct understanding of the lawyer's promises or hints;

(6) You must have a thorough understanding of the professional division of labor among lawyers.

5. Ideological and political elective 5 Legal knowledge content in life

Legal knowledge in life 1. Socialist country ruled by law (1) The essence and characteristics of law ① The essence of law: The law is the embodiment of the unified will of the ruling class that has risen to the will of the country. The fairness and justice embodied in the law are the fairness and justice recognized by the ruling class.

Law is a system of universally binding behavioral norms formulated or recognized by the state and guaranteed to be implemented by the state's coercive power. A. The content of the will of the ruling class reflected by the law is ultimately determined by the material living conditions of society. Therefore, the fairness and justice embodied by the law must, in the final analysis, conform to the material production mode of a certain society and cannot remain unchanged forever.

B. Factors other than the economy also have a certain impact on the emergence and development of law. Therefore, the fairness and justice embodied in the law must be understood in conjunction with other social factors other than the economy. C. Our country’s law is the embodiment of the communist will of the broad masses of the people led by the working class.

In our country, the fairness and justice embodied in the law are socialist fairness and justice. They are fairness and justice recognized by the vast majority of people. They are fairness and justice that truly reflect social progress. ② Laws and characteristics: A. Laws are formulated or recognized by the state.

Formulation and recognition are the two basic forms of legal norms created by the state. B. The law is enforced by the state and has universal binding force.

(2) The basic requirements for building a socialist country under the rule of law: 1. Adhering to the principle that there are laws to abide by, laws must be followed, law enforcement must be strict, and violations must be punished. This is the key to building a socialist country under the rule of law. basic requirements.

① "Having laws to follow" requires that all aspects of the country's social life must have laws to follow.

Legislation is a basic political activity of the country. Forming a relatively scientific and complete socialist legal system with Chinese characteristics that meets the needs of reform, opening up, and modernization is the prerequisite and foundation for governing the country according to law and building a socialist country ruled by law.

② "Abide by the law" requires all state agencies and armed forces, all political parties and social groups, all enterprises and institutions, and all citizens to strictly abide by the law and act in strict accordance with the law. ③ "Enforcement must be strict" and "violations must be punished" require that national administrative agencies and judicial agencies and their staff must strictly and fairly enforce the law and administer justice, administer in accordance with the law, enforce the law for the people, and conscientiously combat and sanction all illegal and criminal activities.

2. Civil rights and obligations (1) Personal rights ① Respect for personality and dignity: Personality and dignity protected by law are the main part of personal rights in civil law. ②The right to life and health: It is a person’s most basic right.

③Right of name and right of portrait: A. Right of name. The General Principles of Civil Law stipulates that citizens enjoy the right of name and have the right to decide, use and change their names in accordance with the law, and prohibit others from interfering, misappropriating and counterfeiting. Generally speaking, before minors, an individual's name is determined by his parents; after reaching adulthood, everyone has the right to continue to use or change his or her name, but must abide by national regulations on name and household registration management.

In addition, citizens have the right to use pen names or other aliases. B. Portrait rights: Citizens have the right to reproduce, use and exclude infringement by others on their own portraits.

The General Principles of Civil Law stipulates that citizens enjoy the right of portrait, and citizens’ portraits may not be used for profit-making purposes without their consent. The Supreme People's Court further stipulated in the judicial interpretation that for the purpose of profit, the use of a citizen's portrait for advertising, trademarks, window decoration, etc. without the consent of the citizen should be deemed as an infringement of the citizen's portrait rights.

④Right of reputation and privacy: A. Right of reputation: Meaning: The positive and good evaluation of oneself by society or others is called reputation in law. The General Principles of Civil Law stipulates that citizens and legal persons enjoy the right to reputation, and the personal dignity of citizens is protected by law. It is prohibited to damage the reputation of citizens or legal persons by means of insult, slander, etc.

(Both citizens and legal persons enjoy the right of reputation) B. The right to privacy is the right of a natural person to control the private domain of his or her personal life without interference from others. It is a type of personality right. Its contents include: the right to keep personal information confidential; the right to a peaceful life; the right to keep personal communications confidential; and the right to use personal privacy.

my country’s civil law protects citizens’ privacy together with their right to reputation. The Supreme People's Court further stipulated in relevant judicial interpretations that publicizing other people's privacy in written, oral or other forms should be considered an act that infringes on citizens' right to reputation.

(2) Three categories of property rights: ① Ownership: Ownership is the right that the obligee can control his property, possess, use, benefit from and dispose of it according to his own wishes, and enjoy its benefits. Our country's ownership is divided into three categories by subject: state-owned (owned by the whole people), collectively owned, and privately owned.

How to obtain ownership: For movable property, ownership is generally obtained by delivery. That is, the owner directly hands over the property to the other party for possession according to the intention of transferring the ownership of the property, and the other party acquires the ownership of the property.

For real estate, you must go to the relevant department to register the property rights before you can obtain ownership. ② Usufructuary right: It is a property right with the purpose of profit from the use of property.

In our country, usufruct rights mainly include construction land use rights, rural land contract management rights, homestead use rights, state-owned natural resource use rights, easements, etc. For individual citizens, the right to use land for construction is often linked to the ownership of commercial housing.

People buy commercial houses from real estate developers and go through the property transfer procedures. After obtaining the "House Ownership Certificate", they have ownership of the commodity. However, developers should apply for a "State-owned Land Use Rights Certificate" to ensure the legality of commercial housing land.

The right to use rural homestead land is the right of rural villagers to build houses and other attachments on collectively owned land. It is an important property right of farmers and is related to their vital interests.

According to legal provisions, residential land for rural villagers must be reviewed by the township (town) people's government and approved by the county-level people's government. Rural villagers have the right to occupy and use homestead land on a long-term basis.

Land contract management rights are another important property right for farmers. The Rural Land Contract Law passed in 2002 gives farmers long-term and guaranteed land contract management rights.

If farmers’ homesteads and contracted land are expropriated, farmers have the right to receive reasonable compensation. ③Security interest: A type of property right generated for the purpose of realizing the secured creditor's right is the security interest.

Including mortgage rights, pledge rights, and liens. (The law stipulates that the priority of the three types of security rights is: lien, pledge, and mortgage) (3) Intellectual property rights ① Copyright.

6. Can you talk about some simple legal knowledge in daily life

Law in daily life

Men and women have equal inheritance rights, and married girls It's not just water thrown away. Don't forget that you have a share of your parents' inheritance.

If you "lost money", the amount is large, and you refuse to return it, you will be held criminally responsible.

When someone borrows money from you, it must be paid back when it is due. If you do not demand payment within two years after expiration, you will lose the right to claim it back.

The ancient saying "a father's debt must be repaid by his son, and a husband's debt must be repaid by his wife" is illegal. If the debtor has debts that exceed the amount of his inheritance, he does not need to pay them back.

Schools that implement nine-year compulsory education have no right to expel students.

Mental patients must bear legal responsibility for committing crimes while they are conscious. It is important to have sufficient evidence to prove this.

If you commit a crime while drunk, the law will not spare you.

Citizens can sue an official. If you are dissatisfied with the administrative agency's actions such as fines, license cancellation, or administrative detention, you can file an administrative lawsuit or apply for administrative reconsideration.

If you see a gangster violently attacking a girl with a knife, you can step forward and it is not illegal to beat the kid to death.

If you encounter unexpected accidents, such as being injured by a flower pot falling from upstairs, or being hit by a billboard on the roadside, or being injured by falling into an uncovered pit. , you can take their managers to court.

7. Commonly used laws and regulations in life

Original publisher: Jiang Chongsheng

Commonly used laws and regulations in companies 1, Law 1, People’s Republic of China and the People’s Republic of China Labor Law 2, Occupational Disease Prevention and Control Law of the People's Republic of China and the People's Republic of China 3, Trade Union Law of the People's Republic of China and the People's Republic of China 4, Work Safety Law of the People's Republic of China and the People's Republic of China 5, Individual Income Tax Law of the People's Republic of China and the People's Republic of China 6 , Company Law of the People's Republic of China 7, Enterprise Bankruptcy Law of the People's Republic of China 8, Labor Contract Law of the People's Republic of China 9, Employment Promotion Law of the People's Republic of China 10, People's Republic of China Labor Dispute Mediation and Arbitration Law of the People’s Republic of China 2. Administrative regulations and normative documents 1. Opinions of the Ministry of Labor on Several Issues Concerning the Implementation of the Labor Law of the People’s Republic of China 2. Opinions of the Ministry of Labor and Social Security on Part-time Opinions on Several Issues in Employment System 3. Regulations on the Recruitment of Technical Workers 4. Regulations on Employment Services and Employment Management 5. Economic Compensation Methods for Violation and Termination of Labor Contracts 6. Compensation Methods for Violations of Labor Contract Provisions of the Labor Law 7. Provisions of the collective contract 8. Notice of the Ministry of Labor and Social Security on matters related to the establishment of labor relations 9. Regulations of the State Council on the treatment of family visits for employees 10. Regulations of the State Council on employee working hours 11. National holiday and anniversary holiday regulations 12. Employee belts Regulations on annual paid leave 13. Regulations on the medical treatment period for enterprise employees who are sick or injured not on the job 14. The Ministry of Labor’s approval methods for enterprises to implement irregular working hours and comprehensive calculation of working hours 15. Regulations of the State Council on Employee Working Hours Implementation Measures 16. Answers to questions on the "State Council's Regulations on Employees' Working Hours" 17. Replies from the Ministry of Labor on issues related to employees' working hours 18. Regulations on the composition of total wages 19. Interim Regulations on Wage Payment 20. Response to "Wage Payment" Supplementary provisions on issues related to the Interim Provisions 21. Trial Measures for Collective Wage Negotiation 22. Minimum Wage Regulations 23. Interim Measures for the Management of Wage Payment for Migrant Workers in the Construction Field 24. The Ministry of Labor and Social Security’s Issues on the Average Monthly Working Hours and Wage Conversion of Employees for the Whole Year The pass