Oct 2011

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You don't have to be worrying about a potential divorce to be concerned about the implications marriage will have with respect to money, property, and debt. In most states, getting married means that your spouse's income and debt now become yours, and vice versa. There are also issues that can arise with banking, finances, and investments. In the unfortunate event of a divorce, some states treat marital property differently. In community property states, any property obtained during the marriage must be split evenly, while in states that don't recognize community property, the split could be up to parties or even the courts. n. the killing of a human being by a sane person, with intent, malice aforethought prior intention to kill the particular victim or anyone who gets in the way and with no legal excuse or authority. In those clear circumstances, this is first degree murder. By statute, many states consider a killing in which there is torture, movement of the person before the killing kidnapping or the death of a police officer or prison guard, or it was as an incident to another crime as during a hold up or rape, to be first degree murder, with or without premeditation and with malice presumed. Second degree murder is such a killing without premeditation, as in the heat of passion or in a sudden quarrel or fight. Malice in second degree murder may be implied from a death due to the reckless lack of concern for the life of others such as firing a gun into a crowd or bashing someone with any deadly weapon.

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Oct 2011

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Administrative law expanded greatly during the twentieth century, as legislative bodies worldwide created more government agencies to regulate the social, economic and political spheres of human interaction. Administrative law in the People's Republic of China was virtually non existent before the economic reform era initiated by Deng Xiaoping. Since the 1980s, the People's Republic of China has constructed a new legal framework for administrative law, establishing control mechanisms for overseeing the bureaucracy and disciplinary committees for the Communist Party of China. However, many have argued that the usefulness of these laws is vastly inadequate in terms of controlling government actions, largely because of institutional and systemic obstacles like a weak judiciary, poorly trained judges and lawyers, and corruption. In 1990, the Administrative Supervision Regulations 行政检查条例 and the Administrative Reconsideration Regulations 行政复议条例 were passed. The 1993 State Civil Servant Provisional Regulations 国家公务员暂行条例 changed the way government officials were selected and promoted, requiring that they pass exams and yearly appraisals, and introduced a rotation system. The three regulations have been amended and upgraded into laws. In 1994, the State Compensation Law 国家赔偿法 was passed, followed by the Administrative Penalties Law 行政处罚法 in 1996. Administrative Compulsory Law was enforced in 2012. Administrative Litigation Law was amended in 2014. The General Administrative Procedure Law is under way.

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