On April 26-27, 2024, the "Ask the Law in Hunan" column of the red network received a total of 76 replies from lawyers, and the main consulting areas were traffic safety, marital property, consumer rights protection, contract signing, etc. The enthusiastic lawyers mainly include: Chen Fang, a lawyer from Hunan Renren (Huaihua) Law Firm, Li Bing, a lawyer from Hunan Tiandiren Law Firm, and Yan Yueqing from Hunan Riyueming Law Firm. Lawyer Response Picks 1
What are the penalty criteria for driving an electric vehicle under the influence of alcohol?
2
Are social media accounts personal or joint property?
3
What should I do if the vehicle is damaged due to the unlicensed operation of the car wash?
4
If the woman has an abortion without authorization, can the man claim compensation?
5
Will parents' overdue credit cards affect their children's work?
6
There is no transfer of ownership when the car is sold to others, only a sales contract, who is responsible for the accident?
01
Hengyang netizens asked: What is the penalty standard for riding an electric car after drinking and being caught by the traffic police?
Hunan Renren (Huaihua) Law Firm
Ms. Chen Fang answers:
Hello, because electric vehicles can be divided into motor vehicles and non-motor vehicles, then if the electric vehicle is a motor vehicle, if it is a motor vehicle, the motor vehicle driver's license shall be suspended for six months, and a fine of not less than 1,000 yuan but not more than 2,000 yuan;
Legal basis:
Article 89 of the Road Traffic Safety Law of the People's Republic of China Pedestrians, passengers, and non-motorized vehicle drivers who violate road traffic safety laws and regulations on road traffic shall be given a warning or fined not less than 5 yuan but not more than 50 yuan; If the driver of a non-motor vehicle refuses to accept the fine and punishment, his non-motor vehicle may be detained.
Article 91 Whoever drives a motor vehicle after drinking alcohol shall have his motor vehicle driver's license suspended for six months and shall be fined not less than 1,000 yuan but not more than 2,000 yuan. Those who are punished for driving a motor vehicle after drinking alcohol and drive a motor vehicle after drinking alcohol again are to be detained for up to 10 days, fined between 1,000 and 2,000 RMB, and have their motor vehicle driver's license revoked.
2
Xiangtan netizens asked:
I run a social account with my ex-husband, and the social account was registered with his personal information, and the account income has not been withdrawn.
Hunan Renren (Huaihua) Law Firm
Ms. Chen Fang answers:
Hello, this belongs to the joint property of the husband and wife, the social account has income, has property attributes, it belongs to the category of virtual property protected by the Civil Code, and belongs to the joint property of the husband and wife that can be divided.
Legal basis:
Article 1062 of the Civil Code provides that the following property acquired by a husband and wife during the existence of a marital relationship shall be the joint property of the husband and wife and shall be jointly owned by the husband and wife:
(1) Wages, bonuses, and remuneration for labor services;
(2) Income from production, operation and investment;
(3) the proceeds of intellectual property rights;
(4) Inherited or donated property, except as provided for in item 3 of Article 163 of this Law;
(5) Other property that shall be jointly owned.
Husband and wife have equal rights to dispose of joint property.
3
Shaoyang netizens asked:
I washed my car at the intersection of Cai Yi Road and Dazheng West Street in Shanmen Town, Dongkou County, "Hui Peng Car Wash", due to the improper use or use of three nos and inferior cleaning agents by the staff of the store, my motorcycle suffered from corrosion in many places, and the marks were clear and could not be removed. Arrogant, on the grounds that the car washer is disabled, refused to solve the matter, then I called the Huangnijiang Police Station police number, asked the police to deal with it, and called the 12345 government service hotline for help, after the public security organs arrived, the shop still used the car washer to be disabled as an excuse perfunctory, unwilling to make any mediation, because the civil dispute public security organs have no right to deal with it, can only register the information of both parties and give up;
On April 22, 2024, I received a call from the staff of Shanmen Town, Market Supervision and Administration Bureau, asking me to deal with my opinions and demands, and expressed my request after I asked the motorcycle purchase office (my motorcycle was purchased in the Honda store in Longhui County, and the loss was judged to be more than 1,000 yuan after the store technician checked the photos), the staff member said that I would communicate my appeal with the other party, and if the other party was unwilling to accept it, I had to go to the court to sue, but until now, I have not received any other notice of the processing result, and it has been lost, but I received a return call from 07391234504 on April 23, 2024I don't even know the results, and the satisfaction return call has been called, which is really ridiculous! Later, according to my understanding, the car wash is unlicensed and unlicensed, and has not obtained any business qualifications at all, which is an illegal business, and the products used are all inferior products, but it is still operating in Shanmen Town for a long time, and the car wash does not meet the national environmental protection requirements and relevant national policies, and does not set up any grit tank, and the sediment and sewage after cleaning the vehicle is directly discharged into the urban sewer pipe, which seriously pollutes environmental health, and causes long-term water accumulation in the section where the store is located. Complaints have no effect.
Hunan Tiandiren Law Firm
Lawyer Li Bing answers:
If you operate without a license, you can report and complain to the local market supervision and administration bureau, and if you suffer damage to your car in the car wash, you can file a lawsuit with the people's court for compensation for damages.
Legal basis:
Article 7 of the Law on the Protection of Consumer Rights and Interests: Consumers have the right not to be harmed in their personal and property safety when purchasing and using goods and receiving services, and consumers have the right to demand that the goods and services provided by business operators meet the requirements for protecting personal and property safety. In the process of handling the dispute, the mediator first determined that the car wash was the party at fault. The car washer hired by the shop moved the car without a driver's license, which directly caused the property damage of the car owner and was liable for compensation.
Article 11 of the Law on the Protection of Rights and Interests of Consumers stipulates that consumers who suffer personal or property damage as a result of the purchase or use of goods or services shall have the right to receive compensation in accordance with the law, and Article 40, paragraph 3 stipulates that if a consumer's legitimate rights and interests are harmed when receiving services, he or she may claim compensation from the service provider.
Article 2 No unit or individual may violate the provisions of laws, regulations, or decisions of the State Council to engage in unlicensed or unlicensed operations.
Article 12 Those who engage in unlicensed business operations shall be punished by the investigation department in accordance with the provisions of relevant laws and regulations.
Article 13 Those who engage in unlicensed business operations shall be punished by the administrative departments for industry and commerce in accordance with the provisions of relevant laws and administrative regulations. If laws and administrative regulations do not clearly stipulate the punishment for operating without a license, the administrative department for industry and commerce shall order it to stop the illegal act, confiscate the illegal gains, and impose a fine of not more than 10,000 yuan.
4
Yiyang netizens asked:
If the woman beats the child without my consent, does this violate my reproductive rights, and can I ask the other party to pay compensation?
Hunan Tiandiren Law Firm
Lawyer Li Bing answers:
The woman's abortion without the man's consent means that in the woman's consciousness, the two people cannot live on, in this case, the man has no right to ask the woman, and the woman's behavior is only carried out by her own personal will. However, if the husband causes the woman's miscarriage and needs to pay damages, it is generally necessary to compensate for reasonable expenses incurred for treatment and rehabilitation, such as medical expenses, nursing expenses, transportation expenses, nutrition expenses, and hospital meal allowances, as well as the loss of income due to lost work.
Legal basis:
Article 1170 of the Civil Code stipulates that a person who infringes upon another person and causes personal injury shall be compensated for reasonable expenses incurred for treatment and rehabilitation, such as medical expenses, nursing expenses, transportation expenses, nutrition expenses, and hospital meal subsidies, as well as the loss of income due to lost work.
where disability is caused, compensation shall also be made for the cost of assistive devices and disability compensation;
If death is caused, funeral expenses and death compensation shall also be compensated.
5
Zhuzhou netizens asked:
Will parents' overdue credit cards affect their children's work?
Hunan Riyueming Law Firm
Lawyer Yan Yueqing answers:
Normal conditions do not affect the child.
If you are a credit card, please repay the loan on time and in full before the due date.
First of all, overdue repayment will generate a bad credit history, which will affect your personal credit and future credit business, such as loans, etc., secondly, overdue repayment will incur interest and late fees, and finally, long-term failure to repay may violate the criminal law, and the bank will reserve the right to prosecute.
Legal basis:
Article 177-1 of the Criminal Law
[Crime of Obstructing Credit Card Management]In any of the following circumstances, those who obstruct credit card management are to be sentenced to up to three years imprisonment or short-term detention and/or a fine of between 10,000 and 100,000 RMB;
(1) Clearly possessing or transporting a credit card that they know is forged, or clearly knowing that it is a forged blank credit card and possessing or transporting a relatively large amount;
(2) Illegally possessing other people's credit cards, in relatively large quantities;
(3) Using false identification to fraudulently obtain credit cards;
(4) Selling, purchasing, or providing others with forged credit cards or credit cards fraudulently obtained with false identification.
[Crime of stealing, buying, or illegally providing credit card information] Those who steal, buy, or illegally provide others' credit card information and materials are to be punished in accordance with the provisions of the preceding paragraph.
Where staff members of banks or other financial institutions take advantage of their positions to commit the crimes in the second paragraph, they are to be given a heavier punishment.
6
Xiangxi Prefecture netizens asked:
The car is sold to someone else, there is no transfer of ownership, only a sales contract, if something happens in the future, does the original owner be responsible?
Hunan Riyueming Law Firm
Lawyer Yan Yueqing answers:
If a traffic accident occurs if the vehicle has been delivered to the buyer after the resale of the motor vehicle has not been transferred, the original owner shall not be liable for the accident; If the vehicle has not been delivered, the original owner of the accident is liable.
Legal basis:
Article 1210 of the Civil Code
If the parties have transferred and delivered the motor vehicle by sale or other means, but have not registered it, and the damage caused by a traffic accident is the responsibility of one party to the motor vehicle, the transferee shall be liable for compensation.
Source: Red Network "Ask Hunan" column Editor: Peng Mengying
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