Problem 2: intentional damage to public and private property security management penalty law 1, intentional damage to public and private property more serious circumstances generally in accordance with the damage caused by the loss of damage, damage to the circumstances of the multifaceted conditions for comprehensive consideration.
2, other people's fault in the first and can not be your damage to other people's financial reasonable antecedents. You can imagine, your cattle ate other people's wheat seedlings is wrong, but your neighbor so that the cattle on the kill is right? In this case, you can take other reasonable and legal methods to solve
3, for the tree planted on the boundary line of the two land is wrong, and the neighbor's shed and your family's land spacing how far the law does not specify. But China's civil law, a party to exercise the right to not affect the normal exercise of your rights as a prerequisite. That is, "neighborly relations".
Question 3: According to (Chinese People's Republic of China *** and the State Security Administration Punishment Law) Article 49 of the provisions of the intentional destruction of public and private property, such as willing to compensate the party how to solve the intentional destruction of public and private property, there will be the following legal responsibility, the following responsibilities do not conflict with each other, and at the same time apply:
Civil liability: to the property owner or administrator to compensate for the loss of the destroyed property.
Administrative liability: If the amount of destruction is small (less than 5000 RMB), administrative punishment will be imposed according to the Public Security Administration Punishment Law.
Criminal responsibility: destruction of a larger amount (more than 5000 yuan), constituting the crime of intentional destruction of property, according to the provisions of the Criminal Law to pursue criminal responsibility
Question 4: The law of public security penalties, intentional damage to other people's property Intentional destruction of property Discretionary standards
1, the circumstances of the lesser case, the penalty is detained for five days, and may also be fined two hundred yuan;
2, the circumstances of the General, seven days of detention, and may impose a fine of two hundred to five hundred yuan;
3, the more serious circumstances, depending on the circumstances of the case, according to the three grades of punishment: ten days of detention, and may impose a fine of five hundred yuan; detention of twelve days, and may impose a fine of five hundred to one thousand yuan; detention of fifteen days, and may impose a fine of five hundred to one thousand yuan;
The circumstances of the more serious cases:
Coaxing, snatching, and intentionally Damage to public and private property:
(1) coaxing property valued at more than five hundred yuan, intentionally damaging public and private property valued at more than three hundred yuan, snatching property valued at more than two hundred yuan;
(2) coaxing property valued at less than five hundred yuan, intentionally damaging public and private property valued at less than three hundred yuan, snatching property valued at less than two hundred yuan, one of the following circumstances:
(1) because of the (a) coaxing, snatching, intentional destruction of public and private property behavior has been punished or within one year to commit more than two similar acts;
(2) coaxing, snatching, intentional destruction of disabled persons, the elderly, minors, or loss of working capacity of people's belongings;
(3) coaxing, snatching, intentional destruction of military materiel, disaster relief, relief supplies;
(4) mobbing Cajoling, snatching, intentional destruction of property of the primary and backbone elements;
(5) cajoling, snatching property refused to surrender;
(6) cajoling, intentional destruction of public and private property do not listen to dissuasion;
(7) driving a motor vehicle to snatch or coaxing and snatching in the public *** place, public *** transport;
(8) other circumstances heavier circumstances.
Intentionally destroying property penalty basis
Article 49 of the Law of the People's Republic of China on Punishment for Public Security Administration Theft, fraud, cajoling, snatching, extortion or intentionally destroying public or private property shall be sentenced to detention for five days or more than ten days, and may be fined not more than 500 yuan; if the circumstances are more serious, the punishment shall be sentenced to detention for not less than ten days or more than fifteen days, and may be fined not more than 1,000 yuan.
Question 5: What is the difference between arbitrary destruction of public and private finances and intentional destruction of public and private finances in the Law of Public Security Administration Penalties Arbitrary destruction of public and private finances, such as negligent destruction of public and private property, does not constitute a crime, belonging to the issue of civil compensation.
The crime of intentional destruction of property, refers to the intentional destruction or damage to public and private property, the amount of large or other serious circumstances.
(a) object elements
The object of this crime is the ownership of public and private property.
The object of the crime can be various forms of public and private property, including means of production, means of living; movable and immovable property. However, if the perpetrator of the intentional destruction of some specific property otherwise provided for in this law, endangering other object elements, shall be dealt with in accordance with the relevant provisions of this law. For example, the destruction of transportation, transportation equipment, flammable and explosive equipment, radio and television, telecommunications facilities, etc., endangering the safety of the public ****, according to the subchapter 2 of this Law, the relevant crimes.
(B) the objective elements
This crime in the objective aspect of the destruction or damage to public and private property in large amounts or other serious circumstances. Destruction, refers to the use of burning, smashing and other methods to make all the items lose their value or value of use; damage, refers to the partial loss of value or value of use of the items. There are various methods of destroying public or private property. However, if the perpetrator destroys public or private property by using dangerous methods such as arson, drowning, poisoning, or explosion, endangering the safety of the public ****, he shall be punished by the relevant crimes in Chapter 2 of the Sub-Chapter of this Law on crimes against the safety of the public ****.
Intentional destruction of public and private property behavior, must reach a larger amount or other serious circumstances to constitute a crime. The so-called aggravating circumstances, refers to the destruction of important items of serious losses, the destruction of particularly bad means; the destruction of urgently needed items caused serious consequences; motives mean attempts to frame others, and so on. Intentionally destroying public or private property under less serious circumstances is a general violation of public security management, and shall be punished by detention for less than 15 days or a warning, and may be singly or concurrently fined not more than 200 yuan, in accordance with the provisions of article 23 of the Regulations on Public Security Management Penalties. At the same time, according to the provisions of Article 8 of the Ordinance, the perpetrator shall be ordered to pay compensation for damages.
(C) the main elements
The subject of this crime is a general subject, where the age of criminal responsibility and have the ability to criminal responsibility of natural persons can constitute this crime.
(D) subjective elements
The subjective aspect of this crime is intentional. The purpose of the crime is not to illegally obtain property but to destroy it. This is the fundamental difference between the destruction of property in the crime of violation of property and other profit-oriented crimes. The motives for committing the crime are various, generally out of personal revenge or jealousy. In addition to the special provisions of this law, fire, negligent drowning, negligent explosion, as well as negligent destruction of transportation, transportation equipment, flammable and explosive equipment, radio and television, telecommunications facilities and other crimes need to be held criminally liable in accordance with the relevant provisions of the destruction of public and private property by negligence, does not constitute a crime, belong to the issue of civil compensation.
Second, the penalties
This article provides that the crime of intentional destruction of property, the amount of money or other serious circumstances, shall be sentenced to less than three years of imprisonment, detention or fine; the amount of money or other particularly serious circumstances, shall be sentenced to more than three years of imprisonment of less than seven years. "Particularly serious circumstances" refers to the destruction of personal property, resulting in another person's mental disorder; the destruction of production and business equipment and facilities, resulting in the cessation of production or business stops, causing significant losses; the means of destruction is extremely bad; and so on.
Question 6: How to understand the law of law and order penalties Article 49 of the intentional destruction of public and private property? Deliberate destruction of property refers to the intentional destruction or damage to public and private property, intentional destruction of public and private property, the amount is small, the circumstances are less serious, then it is a general violation of the law, it should be in accordance with the provisions of the Regulations on Public Security Administration Punishments, given a detention or a warning, a single or concurrent fines, and ordered to pay compensation for the losses.
The situation you described does not yet constitute an offense punishable by the Public Security Punishment Law.
Question 7: Intentionally damaged public and private property security evidence Intentionally damaged public and private property can certainly constitute a security penalty, up to a certain amount can also constitute a crime. You can pay attention to the collection of evidence, and then alarm.
Question 8: sticking ads whether constitute intentional damage to public and private property security management punishment law A, sticking ads is illegal, suspected of constituting damage to public and private property or disturbing the order of the public **** place, can be detained and punished with a fine.
Second, related:
1, "Public Security Administration Punishment Law"
Article 23 One of the following acts, shall be sentenced to a warning or a fine of not more than 200 yuan; if the circumstances are more serious, shall be sentenced to more than 5 days of detention of not more than 10 days, and may be sentenced to a fine of not more than 500 yuan:
(a) Disturb the order of the institutions, organizations, enterprises and institutions, resulting in work, production, business, medical care, teaching, scientific research can not be carried out normally, and has not yet caused serious damage;
(2) disturbing the order of stations, ports, wharves, airports, shopping malls, parks, exhibition halls, or other places of public ****;
(3) disturbing the order of the public **** cars, trams, trains, ships, aircraft or other means of public **** transportation;
(4) Unlawfully intercepting or forcibly boarding or pickpocketing a motor vehicle, ship, aircraft or other means of transportation, thus affecting the normal operation of the means of transportation;
(5) Disrupting the order of elections conducted in accordance with the law.
Anyone who commits the preceding acts in a crowd shall be sentenced to not less than 10 days and not more than 15 days of detention, and may be fined not more than 1,000 yuan.
Article 49 Anyone who steals, swindles, coaxes, snatches, extorts or intentionally destroys public or private property shall be sentenced to detention for not less than 5 days but not more than 10 days, and may be fined not more than 500 yuan; if the circumstances are aggravated, he or she shall be sentenced to detention for not less than 10 days but not more than 15 days, and may be fined not more than 1,000 yuan.
2, Henan Legal News (Wednesday, April 20, 2011, page 10): "a few days, 8 people illegally posted small ads were detained"
Question 9: Hello, Article 49 of the Public Security Management Law, one of the points is to intentionally destroy public and private property, but the consequences of the property is not damaged is not a violation of this law? There is evidence to prove that there is damage to the financial behavior on the violation of this law, there is no damage, but the circumstances are less severe, the punishment is less severe. For example: you deliberately drop someone else's cell phone, but the phone is not damaged, still based on the "Public Security Administration Punishment Law" Article 49 of the penalty for you.
Question 10: the behavior of intentional destruction of public and private property is how much damage to detention Hello, China's public security punishment regulations, general civil fights or destruction of property, generally through the handling of the public security organs, first of all, the application of mediation procedures, mediation between the two parties to reach an agreement, will not be given to the offender administrative punishment, mediation is not, or not fulfill the mediation agreement will be given to the offender administrative punishment, mediation is not, or not fulfill the mediation agreement will be given to the offender. Do not fulfill the mediation agreement will be given administrative penalties. According to this situation, if the mediation did not achieve the purpose, the aggressor is possible to be sentenced to administrative detention, if the behavior caused by the harm caused by the impact is relatively large. But generally speaking, about 100 yuan of damage, or they will make a fine directly to the administrative punishment.
Administrative detention, the maximum is detention for 15 days. Combined punishment can not exceed 20 days.
Also, the specific amount of the fine, mainly the act of destruction of property to reach a certain amount, administrative penalties and criminal law penalties overlap, the damage may constitute the criminal law of the destruction of property, but also need a certain amount, the amount is the local judicial organs in accordance with the local situation. But generally at least thousands. In this criminal law penalty under the amount of damage to property behavior is the scope of administrative punishment. You give the situation, constitute the possibility of administrative detention of the aggressor is still relatively small.