离婚案件中夫妻共同财产分割问题探析

花蓮徵信社推薦一、据以研究的案例   案例一:程男与顾女1997年结婚,1998年生育女儿程甲。2006年程男与顾女通过诉讼离婚,双方争议在于女方的工资收入情况。顾女单位证明其月收入为750元,程男认为证明不实,并通过社会保险基金管理中心查询了顾女的养老保险月均缴费工资基数为2200余元。法院最终采纳了社保基金管理中心的查询证明,并依此判决分割双方的财产。   案例二:张某欠某公司原料款13万元,该事实已经法院生效判决确认。执行法官到张某家中扣押财产时,张某的妻子拿出人民法院的民事调解书,主张家中所有财产都归女方和孩子所有。   案例三:裴某与王某结婚前,裴某依法注册了一家公司。公司注册资金210万元,裴某出资95万元,任公司法定代表人。王某在婚后则担负起所有家务和负责照顾婆婆。五年后,王某向法院起诉离婚,并要求分割裴某名下的公司股份价值的50%给自己。裴某表示同意离婚,但对原告提出的夫妻共同财产分割方案有异议。经评估,诉讼时,裴某任董事长的公司的资产已近4000万元。   二、当前离婚案件中夫妻共同财产分割出现的主要问题   从审判实践看,问题主要表现在以下几个方面:   1、夫妻婚前财产与婚后财产之争。夫妻财产以财产取得时间为限,可区分为婚前财产和婚后财产。现实生活中夫妻双方结婚时往往无财产记录,而婚后一旦夫妻关系恶化,往往产生财产归属之争。   2、夫妻共同财产的隐匿、转移纠纷。夫妻一方隐匿财产或隐瞒收入的情况,即使在婚姻正常的情况下也常发生,所谓“私房钱”的存在,从一定程度上说明隐瞒收入或财产的情况并非个别人所为。法院审理离婚纠纷时,一方或双方当事人为尽可能多分得夫妻共同财产份额,采用隐藏、转移、毁损或提供虚假证据等办法,在法庭上虚假陈述。这种现象常见于当事人一方对另一方收入情况不甚了解或从事生产、经womanyoung.com.tw营性活动的离婚纠纷中。   3、经营收入、股权、债权、知识产权纠纷。以股权为例,当事人拥有股份时,如果股份前景看好,当事人双方往往都争着要求单方拥有股份而支付给对方补偿款;而如果情况相反,则当事人往往双方都要求得到补偿款,股权由对方拥有。另一方面,如果股份来自合伙企业或有限公司,夫妻共同财产的分割其实还涉及到其他股东的意志和利益。   三、我国法律认定的夫妻共同财产分割原则   根据现行法律以及司法解释的规定,确定夫妻共同财产时应遵循如下原则:   第一:约定优先原则。契约自由是财产法的基本原则,也是完善夫妻财产制应进一步体现的精神。约定财产制正是这一精神的具体体现。在分割夫妻共同财产时,首先要尊重当事人双方的意思自治,这也是诉讼法上当事人处分原则的重要体现。法官只有在当事人分割共同财产问题上出现争议时,才需要依法居中裁判。 但是,夫妻双方对共同财产澎湖徵信社推薦的分割应该是自愿、善意、合法的,没有规避法律、不违反法律的强制性规定、不侵害第三人利益。否则,该约定属于无效。上述案例二就是一起典型的利用假离婚逃避债务的案件。涉案的张某和其妻子利用在离婚案件中分割共同财产的约定,转移财产,从而希望达到逃避债务的非法目的。这样的案件近年来呈上升趋势。债务人往往将所有的财产归另一方或子女所有,自己承担所有债务,造成无财产可供执行的被动局面,致使债权人的合法权益受到严重损害。假离婚、真逃债,不但损害了债权人的合法利益,而且极大的破坏了法律的严肃和公正,危害甚大。   第二,平均分割原则。在我国,共同共有的基本形式有两种,即夫妻共有财产和家庭共同财产①。在共同共有中,各共有人平等的享受权利、承担义务。对共有财产的收益,不是按比例分配,而是共同享有。基于夫妻对于共同财产享有平等的权利和义务,在分割时,夫妻应该平均分割财产,即筆跡鑑定BLOG一人一半。这也是婚姻法男女平等原则的重要体现。   第三,照顾无过错方原则。过错责任是民法领域中一般的、普遍的原则,而过错归责的基础在于过错,它是当事人承担民事责任的根据。同样,在婚姻家庭领域,我们不能无视过错的存在,而不给过错方任何的警告和惩罚。所以,分割夫妻共同财产时,婚姻过错也应该与夫妻财产的分割相联系。在离婚案件中,追究当事人的过错,并将其作为一种分割夫妻共同财产的基本原则,通过多分或少分夫妻财产的方式对有过错的当事人进行惩罚,对无过错的当事人给予补偿。   第四,保护妇女、儿童、老人合法权益原则。在社会上,相对于成年男人而言,妇女、儿童、老人处于弱者地位,因此社会有必要强调其权益的维护,顺应保护弱势群体利益的时代潮流。   四、离婚案件中夫妻共同财产的分割方式及问题的解决   1、工资、薪金、奖金等金钱收入的分割。这些收入往往表现在现金以及金門徵信社推薦存款上,而且数额比较确定,因此对这些共同财产分割时,着重平均分割的方式。   案例一反映的是法院如何面对共同财产的虚假收入证明问题。对于现实生活中离婚一方出具的工资、薪金、奖金收入证明,由于是单位为自己员工出具的证明,出于维护本单位职工利益等因素,可能会出现虚假收入证明。因此,从现实情况看,如果另一方认为该证明可能名不副实,可以通过调查对方的劳资部门或人事部门,或者查询对方缴纳的住房公积金、社会保险费用、个人所得税情况等来反驳,当事人确实难以取证的,可以申请法院依职权取证,从而使得离婚双方争议的工资、薪金、奖金等金钱收入处于尽可能的公正状态,有利于法院公正分割夫妻双方的共同财产。   2、股权的分割。夫妻共同所有的股权在婚姻关系终止时如何分割?案例三反映的就是这个问题。   我国《婚姻法》对于股权是否属于夫妻共同财产没有作出直接的规定。但是根据该法有关规定之精神,可以认定:夫妻婚前财产在婚姻关系存续期间的增值,应当属于夫妻共同所有的财产。无论从各国的立法例,还是我国的婚姻法看,一般对于夫妻财产是以一般共同制为原则,即夫妻所有婚后财产,不论是动产还是不动产均属于夫妻共同所有,以约定个人所有为辅助。但是在有限责任公司的股权可否作为夫妻共同所有的财产问题上,司法界的看法有分歧。从公司法原理看,股东向公司出资后,其出资的财产权转化为股权,股东成为其公司的成员。股权可以转让,具有交换价值,正因如此,股权才与夫妻关系存续期间所得的其他财产一样,可以成为夫妻共同所有财产的一种。   2001年修改后的《婚姻法》虽然没有明确把股权列为夫妻共同所有财产中的一种,但该法把“生产、经营的收益”、“其他应当归共同所有的财产”列举为夫妻共同所有的财产,可以推定包括了向有限责任公司投资而享有的股权②。笔者认为,对有限责任公女子徵信社司而言,股权仅由向公司出资的股东享有,而在夫妻之间股权应由双方共同协商行使,属于双方共同所有的财产权益。此外,夫妻一方以婚前个人财产投资于有限责任公司,其股权增值部分属夫妻共同所有财产符合民法的公平原则,有利于保护双方合法权益。因为享有股权,就要以股东的身份参与公司的经营活动,行使权利、承担义务,就要付出一定的劳动,其股权增值部分则体现了这种劳动的成果。这种在婚姻关系存续期间的劳动成果,虽不是另一方直接参与所获,但与其从事其他劳动有不可分离的关系,理应由夫妻二人共同分享。   如果夫妻中仅有一人为公司股东,在夫妻共同财产制解体时如何分割,我国法律没有明确具体规定。笔者认为,可以参考股东向股东以外的第三人转让出资的规定处理。(1)夫妻中的股东一方向其他股东说明要分割股权的情况,由全体股东进行表决,以过半数同意为条件,不同意分割的股东应当购买要分割给夫妻婦幼徵信社BLOG非股东一方的股权,如不购买则视为同意分割。(2)如果全体股东表决同意分割,在同等条件下,其他股东对于应分割给夫妻非股东一方的股权有优先购买权。(3)根据股东表决的结果和其他股东是否行使优先购买权的结果,夫妻中非股东一方要么取得股权,成为有限责任公司的股东,要么取得应当分得的股权的交换价值。   3、其他财产的分割。对于其他财产的分割方式,一般也是按照上述分割原则来进行。   如果双方对于财产是婚前财产还是婚后财产的认定出现纠纷,从法院审理角度而言,主要根据双方当事人提供的证据来认定。如果证据不明或无法认定到底为婚前还是婚后购买的财产,应当推定为婚后共同财产进行分割。当然,在处理离婚案件的共同财产分割时,还会存在其他形形色色的问题,诸如转移、隐匿、私分财产,勾结第三人侵害对方的合法权益,虚构债权债务,虚假证明或证人证言等。法院在审理此类案件时,应看清问女子國際徵信题实质,把握纠纷要旨,正确处理双方利益的平衡。

什么是家庭“冷暴力”?

外遇蒐證核心内容:所谓家庭“冷暴力”,是指夫妻双方产生矛盾时,莫不关心对方,将语言交流降到最低限度,停止或敷衍性生活,懒于抓姦捉猴做一切家务工作等非正式暴力行为。家庭“冷暴力”实际上是一种精神上的虐待。下面古胜军律师为您详细介绍。  “冷暴力”大陸包二奶,顾名思义,他首先是暴力的一种,是指不是通过殴打等行为暴力解决问题,而是表现为冷淡、轻视、放任、疏远和漠不关心,致印尼.香港.越南,抓姦使他人精神上和心理上和受到侵犯和伤害。  所谓家庭“冷暴力”,是指夫妻双方产生矛盾时,莫不关心对方,将语言交流降到離婚求償最低限度,停止或敷衍性生活,懒于做一切家务工作等非正式暴力行为。家庭“冷暴力”实际上是一种精神上的虐待。  这种暴感情破壞力一般表现为夫妻之间的矛盾虽不诉诸武力,但却通过暗示的威胁、言语的攻击,在经济上和性方面进行控制。彼此有意用精神折感情挽回磨来摧残对方,使婚姻处于一种长期的不正常状态。这种精神上的折磨和摧残,甚至比肉体伤害更可怕。  处于家庭“冷暴力”設計離婚中的女性大多有委屈感、被控制感,感情变得脆弱易激动,心理上常常处于孤独状态。  很多遭受到家庭暴力的女性都是忍气吞第三者排除身,更何况是家庭“冷暴力”,已致自己遭受到更大的人身和精神上的伤害,建议遇到家庭暴力的情况最好尽快拿起法律武器,咨感情諮商询专业的律师,维护自己的合法权益。

三招教您甄别私家侦探公司

徵信社委託流程随着社会竞争的加剧,人们越来越关注自身权益的保护。社会调查与反调查市场需求量增大,也就使得私人侦探行业如雨婦幼徵信社BLOG后春笋般遍地开花,客户如何选择正规的侦探公司才能避免财产上的损失? 首先,私人侦探公司都有固定的办公地点、警民徵信社BLOG固定或兼职的从业人员。因此,在选择侦探公司的时候可以事先进行走访了解,如果某侦探公司没有上述构成要见,基本徵信社安心服務可以确定为虚假公司。 其次,正规的侦探公司与客户的业务合作是面对面完成。因为,在从事侦查的过程中,需要动用婦幼徵信社BLOG一定的人力和物力,也就造成了成本上的考量,正规的侦探公司要细致的评估案件的难易程度才进行报价。但是有不少诈www.daaidetective.com骗性质的公司以网络为手段,在客户咨询的时候就事先报价并诱骗客户支付一定的费用,然后消失。所以,当有侦探公司合法徵信社在未见面之前就要求支付定金的时候一定要提高警惕。 最后,私人侦探公司在与客户充分交流沟通之后会对案件调查的费用进行报价,随即双方签订正式的委托合同,按照行业惯例和合同约定,此时需支付一半的劳务费用,待调查结束之后什麼是徵信工作,支付剩余的一半。这里要注意一下如若最终无任何调查结果,前半部分定金也不会退回。所以,是否签订正式的委托合徵信團隊介紹推薦同也是我们考量的一个重要因素。

临沂女子怀疑老公出轨找人暗中调查 却被骗10余万

桃園徵信社朱女士因怀疑老公有问题,从网上找了一家“私家侦探”机构来调查老公。哪曾想,自己不仅未打探到老公的半点信息,反而被对方连续骗走了15.25万元。确定自己被骗后,朱女士连对方的面都没见过,就这么稀里糊涂地栽在了网络上。   案例:怀疑老公出轨,调查未成被骗10余万   朱女士的老公是个商人,因应酬经常很晚回家,朱女士近期发现,老公回家的时间越来越少,也越来越晚,朱女士在和闺蜜聊天时得到了“启发”,她开始怀疑自己的老公出了问题,决定要调查老公。   朱台南徵信社推薦女士开始偷偷开车跟踪老公,可由于自己驾车技术不佳,没几公里就找不到老公座驾的影子。垂头丧气的朱女士通过网络找到了一家“侦探公司”,对方承诺,专业“人员行踪调查、网络诈骗调查、婚姻调查”。这下,朱女士终于放心,把全部希望寄托在了这家“侦探公司”上。   双方约定调查费为5000元,对方为防止违约,要先收取一半的定金。朱女士加了对方的微信后,毫不犹豫将2500元钱汇给了对方,双方约定从8月25日起约定合作,时间为10天,保证给朱女士满意的结果。   徵信社身家調查焦急地等待了10天,还未等朱女士询问,对方主动和她用微信联系,称他们已经掌握朱女士老公的许多情况,要发到朱女士的邮箱里,让朱女士提供个电子邮箱。可朱女士提供完邮箱后苦苦等了2天也未收到对方发来的资料。再次询问,对方称要亲自把资料送过来,还要和朱女士签订“保密协议”。   9月5日下午3点,朱女士在小区等了许久,对方来了电话,此人称是“侦探公司”的业务员,来了两个人,因他们干这行业目前还未获得政策支持,所以担心小区人多出事,两个人一个负责放风,一个徵信社查財產负责送资料。更让朱女士头大的是,对方还要朱女士汇5万元保密承诺金,事后会分文不少返还给朱女士。   朱女士恼火不已,再次致电“侦探公司”,老板一个劲地赔不是,称事先未能给朱女士讲清相关规定,5万元是公司的最低标准,朱女士必须得支付。急着查看老公资料的朱女士无奈下给那个业务员提供的账号里汇进了5万元。哪想,对方再次道歉,称还是未解释清楚,是一个业务员的保证金是5万元,他们来了2个人,得再汇5万。   再次交涉无果的朱女士无奈又给对方汇了5万元。可对徵信社找車方称两次汇款间隔的时间太长,违反了公司规定,得让朱女士再次汇款5万元。急于调查清楚老公的朱女士心想,反正已经投入了10万多元,为了能拿到资料咬咬牙又给对方汇进了5万。   15.25万元汇给对方后,对方称为了防止朱女士报案,他们会通过快递的方式寄来光盘。朱女士苦苦等了多日也未收到对方的快件,再次联系对方时,发现自己已被对方拉黑了。意识到受骗的朱女士调查老公不成,反被骗走了15.25万元,懊恼不已的她来到警方报案。   拆招:轻信、投机、求成心理导 新北徵信社致步步入套   刑警分析,这个骗局非常拙劣,稍有辨别能力的人即可分辨出来就能避免上当,朱女士正是有了轻信、投机和求成心理,才导致中套上当。   不论是工作还是生活、亲人还是朋友,沟通是良性交流最有效的方式。朱女士因不理解老公,导致多疑,并未及时和老公沟通交流,却通过暗中调查的方式来“了解”老公,这是错上加错的行为。   为了急于摸清老公的情况,她连对方的面都没见到,仅简单交流便相信对方,给对方汇去了2500元定金。轻听轻信是电信诈骗被害人最严重的台北徵信社心理缺陷,这些人对问题考虑不够周全,辨别是非的能力相对较弱,非常容易相信他人,步入了骗子的第一个圈套。   其次,朱女士的投机心理让她步步入套。很多时候,电信诈骗被害人主观上对诈骗事实是有所怀疑的,但客观上缺乏对该事实进行检验的可能性,再加上该事实如果真实,会给被害人带来较大的利益。在这种心理的支配下,被害人脑子往往想的是“万一是真的呢?”“搏一把!”“反正投入也不多。”朱女士就是这样,在对方索要5万元保密承诺金的时候没有及时收手,反而轻信对方,桃園徵信社让对方一步步得逞。   最后,求成心理让朱女士彻底被骗。当电信诈骗被害人有一种迫切的愿望、急于达到某种目的或实现某种目标,这时骗子会向他们投放“饵料”,受害人就会紧紧咬住,唯恐错失良机。这种心理特征又被称为“被害人盲点症”,也就是说,当被害人有一种迫切的愿望或急于达到某种目的或实现某种目标时,在他们的认知中会出现盲点,对一些危险情况不能做出正常的判断,最终被骗。朱女士就是如此,一次次上当,共分4次给对方汇进了15.25万元,结果事没办成,骗子也失新竹徵信社踪了。   刑警介绍,我国法律规定只有国家机关特定工作人员,才具有刑事案件侦查权,私家侦探无法涉足刑事侦查活动。我国尚未确立私家侦探的法律地位,私家侦探就算收集到相关证据,也可能不被认定为合法证据。1993年,公安部发布通知,禁止任何单位和个人开设各种形式的民事事务调查所、安全事务调查所等私人侦探所性质的民间机构,明令禁止的业务包括:受理民事、经济纠纷,追讨债务以及安全防范技术咨询,涉及个人隐私的调查等等。刑警提醒,市民谨慎与社会上的一些调查公司台中徵信社合作,极有可能事与愿违不说,还泄露了个人信息。

专家:私家侦探是一把双刃剑

盈幣寶事業結合-項目說明私家侦探,是一个近来被媒体频频提及的名词,北京、上海等多个城市均称“私家侦探”已经活跃在这些城市的大街小巷。甚至在网上开列出了各个城市的“私家侦探”所的名单,供“需要者”与其联系。 ■私人侦探悄悄地进家 为了解“私家侦探”在我国到底发展到什么程度,记者登录了网址为 “C007”的“中国侦探网”。该网的首页这样介绍说:中国侦探网开创了中国第一家民事调查专业法律服务网站,日访问量20万人次。网站“以预防盈幣寶合約交易平台介紹犯罪、打击腐败为宗旨。以保护当事人权益为前提”。 该网站称,能进行民事调查、婚姻不忠调查、打架维权调查、反腐调查和行踪调查、性侵犯保护等等。在“婚姻不忠调查”的介绍中说,“根据婚姻法过错赔偿原则,接受当事人委托,调查婚姻不忠证据,维护一夫一妻制。”“反腐调查”服务项目中介绍说,可以进行“失职渎职调查,行贿受贿调查”。而“行踪调查”则表示是“协助债权人寻找失踪企业、寻找债权人,协助法院执行、追查转移财盈幣寶事業結合-集團簡介产”等等。 北京一家媒体披露说,冠名为“调查中心”之类的侦探所在一些地方大肆张贴广告,招揽生意。而当事的“侦探”有从事偷拍的摄像机等设备,调查“二奶”是其最拿手的好戏,甚至可以将偷拍探头安放在室内,记录下一些绝对的个人“秘密”。 1993年,公安部发布通知,“禁止开设‘私人侦探所’性质的民间机构”,通知说,禁止任何单位和个人开办各种形式的民事事务调查所、安全事务调查所等私人侦探所性质的民间机构。明令盈幣寶Bingbon-官方唯一交流群禁止的“业务”包括:受理民事、经济纠纷,追讨债务以及安全防范技术咨询、涉及个人隐私的调查等等。 然而,一纸明令并未起到遏止私家侦探在许多城市迅速发展的势头,甚至,许多法学专家至今为此而争论不休,有人对公安部的通知提出了质疑和责问。 ■专家学者说法不一 有专家公开表示,私家侦探在中国有需求的市场,由于一些司法部门的能力所限,并不能完全、及时将违法行为矫正,在市场经济秩序混乱、企业信誉下降的现实面前,私盈幣寶Bingbon-最大槓桿數及手續費調整公告家侦探的调查,已经成为一种社会需求。其次,经济的迅猛发展,传统伦理道德受到前所未有的挑战,“第三者”、“包二奶”现象是日前修改婚姻法时都不能不重视的问题,婚姻过错、个人隐私的调查,也拥有潜力巨大的市场。此外,私家侦探以商业方式介入社会法治秩序,可以成为对政府管理社会职能的补充,二者相互融合,相得益彰。 对此,中国人民大学法学院博士生周佳念有着完全不同的理解。他说, 18、19世纪,私人侦探在英美国家盈幣版APP v1.6版本更新风行的时候,人们对政府职责的认识并不清楚,以为像私家侦探这样的“私力救济”,可以是国家的“公力救济”的补充,二者相行不悖,福尔摩斯的故事风靡一时。但进入20世纪以后,人们对国家职能产生了深刻的认识变化,国家在治理犯罪、维护司法上起到了越来越重要的主导作用,国家的管理越来越趋于完善,“私力救济”越来越不受政府的欢迎,“神探亨特”、“007”代表国家行使侦查权的人,受到重视和称赞,私家侦探呈现出萎缩的态全新全球指數-盈幣寶势,即便是向一些大陆法系国家有所渗透,但也并未形成气候。在这种大趋势下,在中国倡导私人侦探,无疑是重蹈西方国家的覆辙,是社会的倒退。 私家侦探弊大于利,还是利大于弊,是目前争论不休的一个焦点问题。赞成者说,我国民法规定的过错原则、赔偿原则,谁来举证?当事人往往是受伤害的弱势群体,国家公诉机关、侦查机关不会介入这种调查、举证,只有私人侦探可以完成这种调查。此外,即便是在刑事犯罪中,公诉机关没有侦查、调頂級風控 重重加密-盈幣寶查出来的事实,可否由私家侦探对其进行完善,达到惩治犯罪的作用,侦查权应该也是“双轨制”。 反对者则认为,我国受大陆法系影响较深,一直强调侦查权是严肃的,具有权威性、强制性,是一种属于国家、公共的权力,一旦被滥用,会侵犯个人隐私,甚至会危及公共安全。目前,我们国家一些黑恶势力犯罪不断见诸报端,一旦黑恶势力利用了这种宽泛的侦查权,就会以合法的外衣与社会正义作对。 许多专家表示,私家侦探是一把双刃剑,用好專業區塊鏈團隊-盈幣寶了,可以维护自身权益,补充调查证据;用不好,就会危害个人隐私和国家、企业的安全。 目前,我国工商机关没有批准一家私人侦探所的执照,眼下的一些私家侦探大多打着“调查中心”、“信息咨询”的旗号,玩着擦边球的事情,这种事能玩多久,会不会遭到全面取缔,尚不得而知。目前,我国“刑事诉讼法”关于诉讼证据的解释,没有包括私人侦查,也就是说,搜集证据的侦查,目前还是国家规定的公共权力。看来,私家侦探要想在中国发展,頂級投資 雄岸基金-盈幣寶还有许多法律的、现实的问题需要解决。

Men cheat on women

台東徵信社Nowadays, it is common for men to cheat, and both men and women should be morally condemned for cheating. What I want to say here is that many men cheat and have affairs, and to some extent, it is also helped by the seduction and temptation of women. If do not have the temptation of outside environment, the man花蓮徵信社 that a lot of derailment has affairs is not certain is “goat”, also be not certain is “polygamous heart”. Jiangxi private detective and everybody will analyze together below: the woman that has a purpose is the inducement that the man derailment a lot of female staff for his future and benefit, extremely try o澎湖徵信社ne’s best to go to show oneself in front of the boss, make all sorts of means cause the attention of the boss, curry favor with, show off, care to make all means. As a normal man is unable to resist this temptation, when there is a certain temperature and humidity, cheating has become inevitable. For such a wom工商徵信an, regardless of the transfer to the unit, is also a man’s greatest emotional threat. So tender and have the ability of women in many units have good low-key women, the women not only have a born beauty of beautiful appearance, and strong ability to work and deal with the problem successfully, the disposition 行蹤蒐證gentle sweet, is to let a man tempted woman, this woman not only the leadership, but also much boss appreciated. Under normal circumstances, such a woman is the most easy to become the boss heart prey. The vanity of the woman is very intense, once this kind of vanity got satisfaction, commit oneself to the lead婚前徵信er very likely, become the lover of boss. Because of personality, such a woman to the other side of the marriage will not impact, not in the outside to the other side caused a bad impact. Have the resolve to return favors the woman of the psychological sympathy for the weak is the nature of every man, no matter證據保全 what units, once an employee family appeared irresistible accidents, or because of illness, or because their children to school and so on lead to family difficulties, coupled with the woman’s reaction, in the unit leadership tends to be more to this worker to take care of, or even give appropriate subsidies. B家暴及兒童虐待蒐證ecause this kind of woman has the character that have boon will report, work harder to the unit, take care of to the leader grateful, in due course of time, once meet the boss of love flower heart, take the psychology that repay favour very likely, commit oneself to at the other side, become lover. Nowadays the私家偵探 temptation is too numerous to list, plus the man nature is lecherous, once the condition is ripe, dry firewood ignites, the man cheaters appear very natural. So while we blame men for cheating, we can’t ignore the influence of external factors on them. The true gentleman who sits on his hands and does not care子女行蹤調查 is rare nowadays.

Why is the quality of private detective service constantly improved

TRXWhy is constantly improving the quality of private detective services in the linyi http://www.539zhentan.com private deOKBtective work, we need to constantly improve its service quality, this is every people need to be engaged in the work ofNEO this aspect. In carrying out these work, as long as we can do a good job in this aspect, we can certainly get very gooMOLd help. By improving our service quality, we can make good progress in the development process, so as to ensure that moLINKre customers choose to obtain services here. Customers in the choice, certainly hope to get very good service guaranteeLA, so as to bring the best help to themselves. Failure to ensure that these aspects can be done well will certainly leadHT directly to very serious obstacles in the development process. With the improvement of our service quality, we can surETHely make better progress in the development process, so that we can occupy a better advantage in the development. I belEOSieve that with the protection of these aspects, we can certainly get the best development and progress in the fierce inDASHdustry competition.

“Cadre hires detective for reporting boss” exposes chaos in private detective market

taiwan detective徵信社Because have contradiction with superior leadership, in order to report a purpose, hunan hengdong county a cadre hires investigation company to carry out illegal detective work. The cadre has been arrested. The incident also laid bare the disarray in the detective world. Media reports said that due to the project contract seal and other issues, as hengdong daaidetective徵信社hexi development zone administrative committee office director dong zhiguo, and in charge of the superior – at the time the deputy secretary of the county party committee tan jianhua, in the phone many words, the two sides in the office also had a fierce quarrel. That may have been an important reason why Mr. Dong paid detectives to investigate and report M工商徵信r. Tan, his family said. In may this year, zhi-guo dong because of dissatisfaction with jian-hua tan, the plot, provided by the hexi development zone a business owner is 100000 yuan RMB, personally by zhi-guo dong, jian-hua tan photos, vehicles and other relevant information, ding company to entrust changsha jian-hua tan illegal investigation means such as 行蹤蒐證the quantitative track and shoot, shoot to July 4th to jian-hua tan gambling video. Dong zhiguo anonymously reported the video to the local discipline inspection commission, and soon after, tan jianhua was dismissed from his post. Later, public security authorities placed dong zhiguo under residential surveillance on suspicion of involvement in the crime of婚前徵信 illegally obtaining citizens’ personal information. At the same time destroy changsha investigation company, and seized a number of eavesdropping, secretly according to professional equipment. Police found the company involved in 16 crimes of illegally obtaining information about citizens. In fact, private detective is not a profession permitted by Chinese證據保全 law, but it still grows and spreads quietly. In recent years, crimes caused by private detectives in mainland China have occurred frequently. In 1992, China’s first “private detective” agency was established, its main business is civil case investigation and evidence collection, enterprise and citizen safety consulting. However, in 1993, the Ministry of Pu家暴及兒童虐待蒐證blic Security issued the notice on the prohibition of private detective agencies, which prohibited any unit or individual from establishing any form of “civil investigation institute” or “security investigation institute”. However, according to incomplete statistics, there are now tens of thousands of survey enterprises and organizations in China, covering 私家偵探Beijing, Shanghai, guangzhou and other big cities. In this regard, a number of interviewed legal experts suggested that the business scope of consulting companies and investigation companies with business licenses should be cleaned up, and investigation should be carried out for those beyond the business scope or engaging in illegal investigation activities子女行蹤調查, and warning and prevention should be carried out with the help of media reports on typical cases and legal publicity. Some people believe that in addition to strengthening the management of wiretaps, secret photos and other special equipment, it is also necessary to enhance the legal awareness of citizens, so that they can consciously protect their rights外遇診療室 through legal means. (

Playback of the case: extramarital affair was exposed on the spot, female affair master drink alone disloyalty bitter fruit

訴訟證據蒐集On February 13, 2012, on the eve of valentine’s day, I was entrusted by Mr. Li, a self-employed businessman in a store in shenzhen, because Mr. Li suspected his wife, zhao mou, had an affair, but there was no evi債務協商dence. Mr. Li asked to investigate his wife extramarital affair, wang hai investigation civil investigation department manager after detailed understanding of the case, decided to help Mr. Li investigate the trut債務追討h. After the civil case survey accept entrust, sent capable, a team of investigators to 24-hour monitoring of his wife, zhao mou, 7 working days in a row, has not been found zhao mou have abnormal situation in ou人際糾紛r life, but found that zhao mou repeatedly when answering the phone appears very excited, and noticing the painstakingly, in view of this situation, the team didn’t give up, immediately adjust the working train o子女行蹤調查f thought, ask Mr Lee to his wife, pretend that leave shenzhen on a business trip, but arrange Mr Li to live in the hotel, investigators continue to monitor the zhao mou to 8 days, finally found zhao mou was a bu子女交往對像調查ick car until water district in a restaurant, Out of the car and found a man in about 30 years old hand wan zhao mou enters the restaurant dining, side by side with zhao mou and the man to sit, zhao mou close to 子女人身保護feed the food to eat the man, a very vague relationship between two people talking and laughing, about two hours later, the couple drove to huafa north road sixth floor apartment, investigators found the situatio婚前徵信n, notify the principal Mr Li, Mr Li to the scene, investigators at the same time waiting for you at the scene, after Mr Li rushed to the scene, found that his wife and the man on the spot, his wife ashamed speec婚前調查hless, third party despondently fled the scene. Mr. Li used his cellphone to record evidence, and in the subsequent divorce proceedings, he successfully obtained custody of his son and gained an advantage in the 結婚對像信用、素行、工作調查division of property.

Applicable rules for the real right of the joint property of husband and wife

taiwan private detective台灣徵信社Property law is the basis of the property law in civil law system, it is also a family in dealing with the foundation of the common property of husband and wife property relationship, the formulation and implementation of property law on the implementation of property rights in marriage and family provide a more powerful legal basis, from just below the property law of several related rules of the influence of the husband and wife common property system and its apply in the system of common property of husband and wife makes a brief analysis. (I) the real right publicity rule and the recognition of the common property of husband and wife are established in order to maintain the real right order and transaction security, which is of great significance. Because the real right is a dominant, to the world and the effect of the exclusive rights, in the real society, in a certain way establishment, modification, transfer and elimination of property rights of the public, transparent, can clear the rights of person and property rights protection, but also to safeguard the interests of the third person in good faith, to avoid sabotage of transaction security. The publication of real right means to show the existence and change of real right in a certain open, external and easily searchable form. Article 9 of the property law stipulates: “the establishment, alteration, transfer and termination of the real right of immovable property shall be effective upon registration according to law; Unless otherwise provided by law, it shall not be effective.” Article 17 provides that “the realty ownership certificate is the proof that the right holder enjoys the real right of the realty.” According to the marriage law, article 17 stipulates: “the following property acquired by husband and wife during their marriage relationship shall be jointly owned by husband and wife: (1) salary and bonus; (2) income from production and business operations; (3) income from intellectual property rights; (4) property derived from inheritance or gift, except as provided for in item 3 of article 18 of this law; (5) other property that should be owned jointly.” According to this one regulation, below general circumstance, before marital relation is established disband, the property that husband and wife any one party gains in all sorts of means, all regard husband and wife as common property, be husband and wife jointly, unless appeared special case namely husband and wife both sides is right after marriage income property is individual all still have clear agreement jointly. It is inferred from this that the house acquired by the husband and wife during the marriage relationship, even if it is registered in the name of one person, should be regarded as the joint property of the husband and wife as long as there is no special agreement or special provisions of the law. This conclusion has also been recognized in judicial practice. Article 19 of the judicial interpretation (ii) of the marriage law clearly stipulates that the house leased by one party before marriage or purchased with joint property after marriage shall be identified as the joint property of husband and wife if the house ownership certificate is registered under one party’s name. From this point of view, this regulation of marriage law seems to be in conflict with “property law”. Because according to the provisions of the above property law, the real right change of immovable property adopts the principle of effective registration, and the real property register is the basis to determine the ownership and content of real property. As a result, the question of whether an unregistered husband or wife can still acquire a joint ownership of the house becomes a perplexing one. To this. Someone thinks in “property law” after implementing, below this kind of circumstance can affirm building is belonged to register nominal person only, and cannot affirm husband and wife is Shared belongings. , however, the author believes that the issue could not be so absolutely, can be concrete analysis according to different situations: 1, to the effect on the inside of the common property of husband and wife (1), if the couple in the form of a written expressly agreed upon property owned by one person and registered in the name, the house belongs to register in the name of them all and not for the joint property of husband and wife. Because according to the regulation of 19 of “marriage law”, husband and wife can agree the property that the property that obtains during marital relationship existing under contract and premarital property belong to severally, jointly or partly severally, partially jointly. It is the embodiment of the autonomy of both parties to agree that the houses acquired during the marriage relationship should be owned by one person. (2) in the absence of an agreement (or an unclear agreement) or special provisions of the law, the house acquired and registered in the name of one party during the marrtaiwan private detective徵信社iage relationship shall be deemed to be owned by both husband and wife. Because: a. although the real estate register can, to a large extent, reflect the entity right relationship of real estate, it cannot exclude the occurrence of inconsistency between the registered real right and the real state. In this regard, the ownership of real right determined by the real estate register is actually only a presumption of right. Once there is negative evidence to prove that the registration is wrong, the registration should be overturned so as to determine the ownership of real right again. B. The house acquired during the existence of the relationship between husband and wife shall, according to the provisions of the marriage law, be regarded as the joint property of husband and wife in the absence of any agreement or special provisions of the law. This is the law on the ownership of such property, is the real property status. If only one person’s name is registered in the register, it is inconsistent with the real real right status and belongs to the registration error, and the wrong registration cannot be used as the basis for judging the ownership of real right, and the determination of the ownership of real right should still be based on the real real right status. [I] therefore, on the one hand, at the time of divorce, the court should still recognize such houses as the joint property of the couple and divide them. On the other hand, if an unregistered party sues the court for recognition of the house as joint property, the court should support the claim once it has ascertained that the provisions of the marriage law concerning joint property are met. 2. Impact of property right publicity on bona fide third parties the identification of a house registered under one party as joint property of husband and wife does not mean that the “implicit” joint right of the unregistered party will be absolutely protected by law. In the registration of the nominal person unauthorized disposal of the housing to the third party, although the registration of the nominal person is not authorized to dispose, but because the registration has credibility, the third party has reason to trust the record of the register. Article 106 of the property law stipulates: “where the owner has no right to dispose of the realty or the movable property transferred to the transferee, the owner has the right to recover it; (1) the transferee was in good faith in accepting the transfer of the realty or chattel; (2) assignment at a reasonable price; (3) the transferred realty or chattel that should be registered in accordance with the law has been registered, and that which is not required to be registered has been delivered to the assignee. Where the assignee has acquired ownership of a realty or chattel in accordance with the provisions of the preceding paragraph, the original owner shall have the right to claim compensation for losses from the person who has no right to dispose of the realty or chattel.” Accordingly, once bona fide third party completes register, can obtain the real right of building (include droit, hypothec to wait). The unregistered party shall not claim that the disciplinary action is invalid without its consent. Only the husband and wife who have no right to dispose of them can claim compensation for their losses. Therefore, although according to the provisions of the marriage law, the housing acquired during the marriage relationship and registered under one party’s name is still the property of the couple, due to the role of registration credibility, this situation has great legal risks for the unregistered party. In order to prevent such risks, the unregistered party shall also make its rights reflected in the register. Specific way has two: one, its can request to register orgnaization correct to register, if register nominal person agrees to correct in writing, register orgnaization ought to give correct, register the building in the name of both sides thereby; Second, if the registered nominal person does not agree to correct, then not registered one party can Sue to the court, the court once found out that the marriage law on the provisions of the husband and wife Shared property, should identify the house belongs to both husband and wife. The successful party may apply for correction registration to the registration organ by holding the written judgment. At the same time, in order to prevent the registration of the name of the disposal of housing in the process of litigation, not registered one party can first deal with the objection registration. [ii] (ii) the principle of ownership in the property law is article 39: “the owner shall have the right to possess, use, profit and dispose of his own realty or chattel according to law.” In addition, the items of privately owned property are listed and strict protection system is stipulated. Article 64 to article 66 of the property law stipulates that “an individual shall enjoy the ownershprivate detective agency徵信社ip of such realty and chattel as his lawful income, house, articles for daily use, means of production, raw materials, etc.” “The legal savings, investments and returns of private individuals are protected by law.” “Private legal property is protected by law, and no unit or individual is allowed to encroach on, loot or destroy it.” But, from the perspective of law, as previously mentioned, article 17 of the law of husband and wife in the marriage relationship formed by the duration of most of the property as is all together, put in general seems to have personal income, such as salary, bonus and benefits of production and management, the benefits of intellectual property rights, inheritance and donation income, etc., are identified as both sides of husband and wife jointly owned. This seems to be in conflict with the aforementioned provisions of the property law. In view of this, this paper holds that the reason why marriage law, as a kind of family law, legislates on the joint property of husband and wife lies in: the income of husband and wife during the period of marriage relationship, should first meet the needs of maintaining marriage relationship, such as supporting children, supporting the elderly, family life and satisfying social functions such as consumption. Accordingly, property law is right the regulation of the individual droit such as private income, building, articles for daily use and marriage law about the regulation that the income after marriage is Shared jointly is not contradictory. But, this kind of not contradictory this kind of knowledge also may arise in specific case some law conflict. For example, a case of hainan high people’s court: a Taiwan investor invested in hainan and set up a company to engage in real estate development in dalian. After investing more than one hundred million in the development of a square project in dalian. During this time, the same woman was married. After five years of divorce, the divorce involved the stock right of 100 million yuan invested in dalian which he held in the company during the five years of marriage, and whether the wife should have half of the stock right invested by him. If she accepted a 50 percent stake, she would receive $50 million. However, their marriage lasted for only five years. To this, he said, “my investment was found by myself and has nothing to do with you. The capital of the investment in dalian was invested by me before we got married. According to the marriage law, the investment income obtained during the marriage relationship is owned jointly. As a result, half of the investment proceeds of the Taiwan investor in the plaza project in dalian with his own equity capital, i.e., more than 50 million yuan, should belong to the woman. In response, the hainan high people’s court ruled that the man owned 50 percent of the shares in the company he set up in the dalian square project and the other 50 percent were owned by other investors. But the 50 per cent equity will generate half the return. [iii] investment itself is a personal property, but in the process of investment marriage, according to the provisions of the marriage law, the investment income should be jointly owned by the husband and wife to distribute. This is in conflict with the property law, but the marriage law is a special law on matrimonial property, which should be applied first. Additional, housing worker MPF this kind of property accrual, it is the lawful accrual that property law affirms, it is the lawful property of laborer individual. But the housing worker MPF after the regulation that according to marriage law is labor accrual belongs to husband and wife common property. The marriage law is a special law, so when handling such divorce cases, the ownership of housing provident fund should be handled in accordance with the provisions of the marriage law. Still have the bank deposit before marriage the interest that produces after marriage belongs to a problem. According to law of property right, the droit of accrual of original thing place belongs to original thing droit person, the principal of bank deposit is individual, the interest that it produces also should be individual. But press marriage law, deposit principal is belongings before marriage, belong to individual belongings, the accrual that marital place produces should be husband and wife common belongings. [iv] this paper holds that the bank interest cannot be compared with the labor income of laborers, and the property law should be applied to deal with this problem. The interest of savings deposits should belong to the owner of the principal, whether it is generated before or after marriage. (3) there are rules and the processing of the debt of husband and wife property rights according to law the provisions of article 102: “because of the commonly owned realty or chattel, creditor’s rights debt in foreign relations, mutual person entitled to jointly and severally, shall bear joint debt, but otherwise pprivate detective agency徵信社rovided by law or the third person know there are people don’t have severally unless the creditor’s rights debt relations.” Additional, still further regulation, go up in the internal relation of common person, besides common person has agreement, press share common person to enjoy creditor’s right to assume debt according to share, common common person enjoys creditor’s right to assume debt jointly. Husband-wife relationship is a kind of common ownership relationship. The property of husband and wife based on the common ownership relationship is the common ownership property. Common share is Shared without share, husband and wife both sides enjoy all sorts of interest of common property jointly and equally, all sorts of obligation that burden produces by common property jointly and equally. In the community property of husband and wife, should include not only positive property, also should include negative property, namely the debt that is incurred. Marital debt includes joint debt and personal debt. “Marriage law” article 41 stipulates: “at the time of divorce, the debt incurred by the husband and wife in their joint life shall be jointly repaid. If the joint property is insufficient to pay off the debts, or the property is under private ownership, the two parties shall reach an agreement to pay off the debts. If the agreement fails, the people’s court shall make a judgment.” It can be inferred from this article that the joint debt of husband and wife refers to the debt incurred by one or both of husband and wife to engage in business activities for the purpose of their common life during the period of marriage. “Personal debt of husband and wife refers to the debt incurred by one of the husband and wife before marriage, and the debt incurred after marriage, which has nothing to do with their life together, to meet their personal needs or to support their relatives and friends, or the debt agreed by both parties that should be paid off by the individual.” [v] although husband and wife are the co-owners of the marriage community, their lives are closely connected, even closely connected in some aspects, and even inseparable in some aspects. However, husband and wife are independent individuals, and they can still have personal interests and responsibilities unrelated to marriage. At the same time, in order to reward the husband and wife parties to make more contributions to the marriage, not to do or do less harm to the common interests of the marriage, and to their personal behavior responsible, to protect the third party’s creditor’s rights security, it is really necessary to set up personal debt. In civil legal relations with foreign countries, husband and wife shall be jointly and severally liable for their joint debts. That is, each creditor shall have the right to require both husband and wife to perform all debts, and both husband and wife shall have the obligation to perform all debts. When the creditor requests the husband and wife to perform all or part of the debt, the requested husband and wife shall not enter into a defense on the ground of their share of the debt. Article 41 of marriage law stipulates: “at the time of divorce, the debt incurred by the husband and wife in their joint life shall be repaid jointly. If the joint property is insufficient to pay off the debts, or the property is in separate possession, the two parties shall pay off the debts by agreement; If no agreement can be reached, the people’s court shall make a judgment.” This regulation emphasizes that both husband and wife have the joint responsibility to pay off the joint debt, which makes both parties of husband and wife have a clearer responsibility to pay off the joint debt, and provides a more comprehensive and flexible guarantee for the creditor’s right security. In addition, the new marriage law adds the provision of article 19, paragraph 3: “if the husband and wife agree that the property acquired during the period of their marriage relationship belongs to each other, if the third party knows the agreement, the husband or the wife shall pay off the debts incurred by the husband or the wife.” It can be seen from above that the two laws are consistent in terms of the effectiveness of the agreement. The agreement inside husband and wife, fall normally, cannot antagonism the 3rd person. If husband and wife a party (such as the man) as the debtor, in the event of liquidation, in between husband and wife agreed property owned by the woman, the man did not property rights, the man had not declared to third parties have internal arrangement, when debt is unable to repay, not can use the internal agreement against a third party, this is to maintain the normal trading order required. According to the property law publicity system, the husband and wife agreed to separate property system, to the third party publicity, to tell the third party husband and wife in advance has made the property system agreement. Therefore, the husband and wife adetective agency徵信社greed to separate