What is the legal name for a project that starts before bidding is launched?

A project started before the bidding process was established. What is it called in law? Article 64 of the "Construction Law of the People's Republic of China" violates the provisions of this law and fails to obtain a construction permit. Or if construction is carried out without approval of the construction start report, it will be ordered to make corrections. If the construction does not meet the conditions for starting construction, it will be ordered to stop construction and may be fined.

Article 57 of the "Construction Project Quality Management Regulations" violates the provisions of these Regulations. If the construction unit does not obtain a construction permit or the construction start report is not approved, and carries out construction without authorization, it shall be ordered to stop the construction, make corrections within a time limit, and be punished. A fine of not less than 1% but not more than 2% of the project contract price. Article 73 If a fine is imposed on a unit in accordance with the provisions of these Regulations, the person directly in charge of the unit and other directly responsible personnel shall be fined not less than 5% but not more than 10% of the amount of the unit's fine. 3. Article 10 of the "Regulations on the Administration of Construction Licenses for Construction Projects" (Order No. 71 of the Ministry of Construction). For those who do not obtain a construction license or perform construction without authorization after breaking down the project project to avoid applying for a construction license, the authority with jurisdiction shall issue the license. The authorities will order corrections, and those who do not meet the conditions for starting construction will be ordered to stop construction, and fines will be imposed on the construction unit and construction unit respectively. Article 13 The fines mentioned in these Measures shall be subject to the extent provided by laws and regulations. If there is no regulation on the range, a fine of not less than 5,000 yuan but not more than 30,000 yuan will be imposed if there is illegal income, and a fine of not less than 5,000 yuan but not more than 10,000 yuan will be imposed if there is no illegal income. 4. Article 21, Paragraph 3, of the "Regulations on the Management of Qualifications of Construction Enterprises" (Ministry of Construction Order No. 159). Enterprises that have obtained the qualifications of construction enterprises must apply for qualification upgrades or qualification additions within one year before the date of application. Under any of the following circumstances, the qualification licensing authority will not approve the enterprise's application for qualification upgrade or addition:... (3) Construction without obtaining a construction permit. Article 34 If a construction enterprise commits any of the acts listed in Article 21 of these Provisions, the Construction Law of the People's Republic of China, the Regulations on Quality Management of Construction Projects and other relevant laws and regulations shall impose penalties on the punishment authorities and If the method is stipulated, it shall be implemented in accordance with the provisions of laws and regulations; if the laws and regulations do not provide for it, the local people's construction department at or above the county level or other relevant departments shall give a warning, order correction, and impose a fine of more than 10,000 yuan. A fine of less than 10,000 yuan. What is the legal name for locking a person up at home?

Depending on the circumstances, it may constitute the crime of illegal detention

The crime of illegal detention

Edit

The synonym "illegal detention" generally refers to the crime of illegal detention

The crime of illegal detention refers to the criminal act of illegally depriving others of their personal freedom by detention, confinement or other coercive methods. The object of the crime of illegal detention is the right to bodily freedom of others. The so-called right to bodily freedom refers to the personality right whose content is that the body's movements and behaviors are not subject to illegal interference, that is, the right to decide one's own physical actions according to one's own will within the scope of the law. freedom rights. Citizens' physical freedom is the guarantee for citizens' normal work, production, life and study. If they lose their physical freedom, they will lose the possibility of engaging in all normal activities.

Article 37 of our country’s Constitution stipulates: “The personal freedom of citizens of the People’s Republic of China is inviolable. Any citizen’s freedom of movement shall not be violated without the approval or decision of the People’s Procuratorate or the decision of the People’s Court, and shall be executed by the public security organs. , are not subject to arrest, and are prohibited from illegally detaining or restricting citizens’ personal freedom by other methods. “Therefore, illegal detention is an act that seriously deprives citizens of their physical freedom.

1. The object of this crime is the citizen’s right to personal freedom.

The right to personal freedom is the right of citizens to freely control their physical activities according to their own will. It is a basic right of citizens. Only units authorized by law can use the right to personal freedom of citizens in accordance with the law. In addition to depriving citizens of their right to personal freedom, no unit or individual may deprive citizens of their right to personal freedom.

2. The objective aspects of this crime are:

1. The perpetrator has violated laws and regulations;

2. The perpetrator committed illegal detention and deliberately deprived others of their personal freedom;

3. The perpetrator has the result of illegally depriving others of their personal freedom;

4. The perpetrators used methods such as binding, imprisonment, and confinement to illegally deprive others of their personal freedom.

3. The criminal subject of this crime is a general subject. The criminal subject includes two types of illegal detention behaviors: those who have no right to exercise the power of detention and those who have the right to exercise the power of detention who abuse their power.

4. The subjective aspect of this crime is intentional, and negligence does not constitute this crime. That is, the perpetrator knowingly knowing that his or her actions will illegally deprive others of their personal freedom intentionally commits such actions and actively pursues such intentional actions.

Editing of crime composition

Infringement of objects

The object infringed by the crime of illegal detention is any natural person who enjoys personal rights in accordance with the law. As a kind of personality right, the right to bodily freedom is an important part of the personal rights that constitute one of the civil rights systems. The enjoyment of civil rights is based on the capacity for civil rights. All natural persons with the capacity for civil rights enjoy civil rights including the right to physical freedom in accordance with the law. Civil rights capacity is the qualification granted by law to a civil subject to engage in civil activities, enjoy civil rights and bear civil obligations. It starts from birth and ends at death. The civil rights capacity of natural persons is equal. Therefore, the objects violated by the crime of illegal detention include all natural persons (that is, people born based on the laws of nature), including innocent citizens, people who have made mistakes, people who have committed general illegal acts, and criminal suspects. There is a view that "others" in the crime of illegal detention only refers to people who have the ability to control their activities according to their own will, including people who potentially have the ability to move will, such as young children, drunk people and sleeping people. people. However, it should not include people who have no ability to control their activities according to their own will, such as infants and severely mentally ill patients.

Objective elements

The crime of illegal detention objectively manifests itself as the act of illegally depriving others of their physical freedom.

Crime of illegal detention

There is no limit to the "others" here. They can be law-abiding citizens, people who have made mistakes or general illegal acts, or criminal suspects people. The behavior is characterized by illegally detaining others or illegally depriving others of their physical freedom by other methods. Anyone who meets this characteristic should be deemed as the crime of illegal deprivation of personal freedom, such as illegal arrest, detention, imprisonment, seizure, kidnapping, closed "study classes", "isolation review", etc., all of which are illegal deprivation of personal freedom. In summary, it can be divided into two categories: one is to directly restrain a person's body and deprive him or her of freedom of physical movement, such as tying up; the other is to indirectly restrain a person's body and deprive him or her of freedom of movement, that is, imprisoning others in a certain place and making them unable to move freely. It is impossible or obviously difficult for them to leave or escape. The means of depriving a person of his liberty can be both tangible and intangible. For example, taking away a woman's change of clothes when taking a shower so that she cannot leave the bathroom out of shame is an invisible method. In addition, whether someone is detained by violence, coercion or fraud, it does not affect the establishment of the crime of illegal detention.

Illegal deprivation of personal freedom is a continuous behavior, that is, the behavior continues for a certain period of time, causing others to lose their physical freedom for a certain period of time, and is not discontinuous. The length of time does not affect the establishment of the crime of illegal detention, only the sentencing. However, if the time is too short and the behavior of depriving personal freedom is instantaneous, it is difficult to establish the crime of illegal detention.

Deprivation of personal liberty must be unlawful. In accordance with the provisions of the law, judicial authorities shall not constitute the crime of illegal detention if they take detention, arrest or other coercive measures that restrict personal freedom against persons with criminal facts or major suspicions. However, if it is found that the arrest should not be made, if the person is not released for any reason and continues to be detained, it shall be considered as illegal deprivation of personal freedom.

For those who are committing crimes or are discovered in time after committing crimes, who are wanted, who have escaped from prison, or who are being hunted, it is a right for the masses to turn over to judicial organs in accordance with the law, not an illegal deprivation of personal freedom. Housing mentally ill patients in accordance with the law is not an act of illegal deprivation of personal freedom.

Subject requirements

The subject of the crime of illegal detention can be either a state functionary or an ordinary citizen. Judging from the actual cases, most of them are state workers or grassroots rural cadres who have certain powers. In addition, such cases often involve many people. Some decisions are made through collective discussion at cadre meetings; some are approved or tacitly approved by superior leaders; some are directly planned and directed, and some are tied up and watched under orders. Therefore, when handling, we must pay attention to the fact that only those who are directly responsible and those who are motivated by frame-up, revenge and other despicable motives should be held criminally responsible according to law. Other personnel should be treated differently and generally not be held criminally responsible.

Subjective elements

The subjective aspect of the crime of illegal detention is intentionality and the purpose of depriving others of their personal freedom.

Negligence does not constitute the crime of illegal detention. The motivations for unlawfully detaining others vary. Some regard illegal detention as a legal act due to their poor views on the legal system; some out of venting anger and revenge, crack down on the persecution; some do not investigate and study, are subjective and arbitrary, and extract confessions; some are claiming privileges and showing prestige; some are abusing their power and taking advantage of their power. Oppressive; some have bad intentions and have other agendas. Regardless of the motive, as long as the purpose of illegally depriving others of their personal freedom is to intentionally illegally detain others, it constitutes the crime of illegal detention. If the illegal deprivation of others' personal freedom is for other criminal purposes, the punishment for other crimes will be more severe than the crime of illegal detention. , should be punished with other crimes.

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What is the legal name for migrant workers to protect their rights?

Migrant workers must master the necessary legal knowledge, use legal weapons, and rely on the power of the judicial and labor departments to safeguard their legitimate rights and interests. During the job search process, you should pay attention to the following points:

First, choose a formal employment agency. Migrant workers should be more vigilant and discerning, and choose formal and legal employment agencies that have business licenses, employment agency permits, and staff with certificates to avoid being deceived.

Second, enter into a written labor contract. A labor contract is an agreement and document that establishes labor relations and clarifies the rights and obligations between workers and employers. It is also the legal basis for resolving labor disputes and disputes. Without a written labor contract, workers’ rights are often not effectively protected by law.

Third, resolve labor disputes in accordance with the law. When workers' rights and interests are infringed upon, they may take the following three approaches: first, apply to the labor dispute mediation organization of their unit for mediation; second, if mediation fails, they can apply to the Labor Dispute Arbitration Committee for arbitration, or they can directly apply for labor dispute arbitration. Arbitration; third, if you are not satisfied with the labor dispute award, you can file a lawsuit with the People's Court in accordance with the law.

The professional nature of this answer is classified by laws and regulations. What is the legal name for the money paid for an injury?

The legal name for the money paid for an injury is compensation.

"Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases" Article 17: When the victim suffers personal injury, various expenses incurred for medical treatment and loss of income due to missed work, including The obligor shall compensate for medical expenses, lost work expenses, nursing expenses, transportation expenses, accommodation expenses, hospitalization food subsidies, and necessary nutrition expenses.

If the victim becomes disabled due to injury, the necessary expenses incurred by him to increase his living needs and the loss of income caused by the loss of working ability, including disability compensation, disability assistive device expenses, and dependent living expenses , as well as the necessary rehabilitation fees, nursing fees, and follow-up treatment fees actually incurred due to rehabilitation care and continued treatment, the compensation obligor shall also compensate.

If the victim dies, the compensation obligor shall not only compensate the relevant expenses specified in paragraph 1 of this article based on the rescue and treatment conditions, but also compensate the funeral expenses, living expenses of the dependents, death compensation expenses and relatives of the victim. Other reasonable expenses such as transportation expenses, accommodation expenses, loss of work time, etc. for funeral matters. What is the legal name for when multiple people invest money for one person to set up a factory (or a certain project)?

It depends on how these people agree. If they all invest together to set up a factory, *** If you both bear the risks and share the benefits, it is a partnership; if others just lend money to this person to set up a factory, it is a private loan. What is the legal term for reporting?

Legally speaking, reporting can be replaced by nouns such as complaint, exposure, report, reporting, informing, and accusing.

1. Reporting:

Reporting refers to citizens or units exercising their democratic rights in accordance with the law to report or accuse violations of discipline, law or crime to judicial organs or other relevant state agencies and organizations. .

2. The significance of real-name reporting:

1. It is convenient to get in touch with the reporter (reporting unit) and learn more about the situation of the person being reported (reported unit);

2. Facilitate timely investigation and evidence collection by the procuratorial organs, and grasp and clarify the criminal facts and evidence of the reported person as soon as possible;

3. Save manpower and material resources;

4. Show that Whistleblowers dare to take responsibility for reporting and bear legal consequences for what they report;

5. It is easy to respond to investigation results and feedback information;

6. It is easy to commend and reward whistleblowers, Promote social integrity. What is the legal term for wasting time

First of all, you need to know that there is no clear distinction between daily language and legal language. Most legal words can be used in daily language or even spoken language. You will hear it downstairs. Old ladies use "mortgage" when talking about the property market, but there are only a few legal terms that are rarely heard in daily life. Pure legalese is more literal and conceptually more precise. For example, "capacity to act" and "capacity for rights" in civil law, "custody" in family law, "protesting" and "producing evidence" in procedural law, etc.

"Delay in time" can be spoken or written, but it is generally called "delay" in legal language. For example, in contract law, failure to perform contractual obligations on time is called "delay in performance." Also in the field of transportation services, delays in cars, ships, planes, etc. are called delays. Of course, "delay" is not a legal term, it's just a term in the transportation industry. For example, if you are late for school, you cannot say that you are late for school. What is the legal name of not saving someone's life?

Not saving someone's life may result in intentional homicide by inaction.

But it does not necessarily constitute intentional homicide

The so-called inaction means that one has the obligation to save others (should do), can save others (can do), and the failure to save others causes the death of others (causal relationship)

According to the basic theory of criminal law in my country, the main sources of the obligation to act in crimes of omission include the following aspects:

The obligation to actively act as expressly stipulated in the law

The act as expressly stipulated in the law Obligation is one of the main sources of obligations for omission crimes. It refers to obligations stipulated by other laws and recognized by criminal law. The laws here include laws, regulations and rules and regulations. If it is only stipulated by other laws but not recognized by the criminal law, it cannot constitute an obligation to act as a crime of omission. In addition, the obligations expressly stipulated in the law must be specific obligations. The obligations stipulated in the Constitution are general abstract obligations that need to be confirmed and refined by specific regulations. Generally, they are not suitable to be directly used as the prerequisite for the crime of omission.

Obligations required by occupation or business

It refers to certain obligations that a certain subject is required to perform in accordance with the law because of taking on a certain task or engaging in a certain business. Some of this type of obligations are stipulated in laws and regulations, and some are stipulated in relevant rules and regulations of specific industries. It should be noted that the actor only has relevant obligations if he has a professional or business status. In other words, only in this case can the perpetrator commit a crime of omission under criminal law.

Positive obligations arising from legal acts

Legal acts, such as contractual acts, cause an obligation to act actively (the actor creates a positive obligation through contractual acts), and the actor Obligation to perform. Under normal circumstances, the failure of one party to a contract to perform certain obligations stipulated in the contract will only produce the legal consequences of breach of contract, and will not result in the obligation to act as a crime of omission; only when one party to the contract fails to perform the obligations stipulated in the contract is protected by the criminal law Only when serious infringement is caused by social relations, this obligation to act can constitute the obligation to act for a crime of omission.

Positive obligations arising from antecedent acts

The obligation to act for crimes of antecedent acts or omissions was first advocated by the German criminal law scholar Stebel, and was first confirmed in 1884 German jurisprudence. Antecedent acts, law, and contracts are also sources of obligations. The common theory in my country's criminal law circles is that as long as the antecedent act is enough to create some kind of danger, it can become the source of the obligation to commit a crime of omission, without requiring that the antecedent act be illegal in nature. What is the legal name of the party who is owed money?

The lender is called the creditor

The person who borrows money is called the debtor

If you sue, the lender is called the plaintiff. The person who borrowed money asked the defendant to lock a person in his house and prevent her from leaving the house. What is it called in law?

According to Article 238 of the Criminal Law of the People's Republic of China and the People's Republic of China, the crime of illegal detention is illegal detention. The act of illegally depriving others of their personal freedom by others or by other means. When determining the crime of illegal detention, the act of detention must be objectively mandatory, that is, forcing others to be restrained against their will. Mainly manifested in the use of coercive means that are sufficient to deprive personal freedom, such as kidnapping, imprisonment, confinement, etc.

Therefore, if the circumstances are serious, it is the crime of illegal detention, and the restrictions are on normal people. If you have no choice but to do this, and the person being imprisoned is a certain danger to society (such as a mentally ill person), then the police can mediate and resolve this issue.