Common Legal Knowledge for Residents | Changchun Criminal Lawyer

1. How should citizens exercise their rights correctly?

Citizens must pay attention to three points when exercising their rights: (1) While enjoying their rights, citizens must also fulfill their corresponding obligations, and it is not allowed to only enjoy their rights without fulfilling their obligations. (2) Citizens must abide by the provisions of the Constitution and laws when exercising their rights, and must not abuse their rights or harm the interests of the state, society, collectives, or the legitimate rights and interests of other citizens. For example, Article 41 of the Constitution stipulates that citizens have the right to criticize and make suggestions to state organs and state organ staff, and have the right to appeal, accuse or report to relevant state organs about illegal and negligent behavior of state organs and state organ staff. However, they shall not fabricate or distort facts for false accusations or framing. (3) Citizens must clearly define the limitations of the Constitution and laws on the exercise of their rights. No right or freedom is unlimited, and citizens can only enjoy them on the premise of complying with the Constitution and laws. The Law on Assembly, Parade and Demonstration has some restrictive provisions on the behavior of assembly, parade and demonstration, and citizens can only enjoy their rights and freedoms on the premise of complying with the law. Changchun Criminal Lawyer

2. Be cautious when shopping and keep receipts as evidence to prevent potential problems

An invoice is a purchase and sale voucher issued by the seller to the buyer during the purchase and sale of goods, indicating the time of sale, item name, quantity, and price of the goods. Invoices are the most commonly used commercial legal documents.

Not issuing invoices for shopping has left hidden dangers for consumers in the future, such as seeking solutions from merchants during the "three guarantees" period of repair, return, and replacement, but causing disputes due to the lack of invoice evidence. The rights and interests of consumers have been harmed, but they have become passive and helpless, and their rightful rights have not been protected. Damage to consumer interests due to product quality occurs from time to time. In the event of electrical injuries, food poisoning, or other legal disputes, invoices are important evidence and play an irreplaceable role in providing evidence. Therefore, consumers must not take it lightly. Changchun Criminal Lawyer

Invoice is the basis for determining the insured amount of property insurance, and once a claim occurs during the insurance period, it is also the proof for determining the loss. The value of property depends on both the physical object and the invoice in order to make reasonable compensation.

3. How does the Contract Law stipulate the effectiveness of contracts?

(1) A contract established in accordance with the law shall come into effect upon its establishment. (2) If laws and administrative regulations require approval, registration, or other procedures to take effect, they shall be followed. (3) The parties may agree to attach conditions to the effectiveness of the contract. A contract with effective conditions shall come into effect upon the fulfillment of the conditions. A contract with termination conditions shall become invalid upon the fulfillment of the conditions. (4) The parties may agree on a time limit for the validity of the contract. A contract with an effective period shall come into effect from the end of the period. A contract with a termination period shall become invalid upon the expiration of the period. (5) A contract entered into by a person with limited capacity for civil conduct shall be valid after being ratified by the legal representative. However, a contract solely for the benefit of the person or a contract entered into in accordance with their age, intelligence, or mental health condition does not require ratification by the legal representative. (6) A contract entered into in the name of the principal without the agent's authority, beyond the agent's authority, or after the termination of the agent's authority, shall not be effective against the principal without the principal's ratification, and the actor shall be liable. (7) If the agent does not have the power of agency, exceeds the power of agency, or enters into a contract in the name of the principal after the termination of the power of agency, and the counterparty has reason to believe that the agent has the power of agency, the act of agency is valid. (8) A contract entered into by the legal representative or person in charge of a legal person or other organization beyond their authority is valid unless the counterparty knows or should know that they have exceeded their authority. (9) If a person without the right of disposal disposes of another person's property and obtains the right of disposal after being ratified by the right holder or after the person without the right of disposal enters into a contract, the contract shall be valid. Changchun Criminal Lawyer