1. When the owner pulled the banner, it did not disturb public order. He just stood there with a banner and didn't make any noise. It should not be a demonstration, but it should not be illegal. But in reality, it is hard to say whether someone will take care of it when it is implemented.
2. If it is true that the administrative unit is at fault and causes your loss, and the unit refuses to handle it, you can complain to its superior government, or you can find the county discipline inspection and supervision department to respond to the lawsuit, or you can bring a lawsuit to the court against the unit.
3. Rights protection must be legal first. The legal approaches to safeguarding rights mainly include complaint, mediation, arbitration and litigation. While safeguarding rights, don't block the door, otherwise it is illegal.
Article 35 of the Constitution The people and citizens of China enjoy freedom of speech, publication, assembly, association, procession and demonstration.
Article 2 of the Public Security Administration Punishment Law? Disrupting public order, endangering public safety, infringing personal rights and property rights, obstructing social management, which is harmful to society and constitutes a crime in accordance with the provisions of the Criminal Law of People's Republic of China (PRC), criminal responsibility shall be investigated according to law; If it is not serious enough for criminal punishment, the public security organ shall impose administrative penalties for public security in accordance with this law.
Article 23 of the Law on Public Security Administration Punishment commits one of the following acts disturbing public order, which is not serious enough for criminal punishment, and shall be detained for not more than 15 days, fined not more than 200 yuan or given a warning.
(1) Disrupting the order of organs, organizations, enterprises and institutions, resulting in work, production, business, medical care, teaching and scientific research not being carried out normally, but without causing serious losses.
Extended data:
Case:
Luxury home owners pull banners to spit out the quality of the house? Developers sue for reputation infringement
Public trust. Hangzhou, August 27th (Reporter Zhao Xiaoyan) A few years ago, Ruan Qing (pseudonym), who had been doing business in Shanghai for a long time, and his wife spent10 million yuan to buy a finely decorated mansion in Hangzhou Xixi Paradise Yueju, but in recent years, she has not lived comfortably. The marble floor was broken when handing over the house. When the central air conditioner was used for the first time, it leaked water and soaked more than a dozen bags in the closet.
Recently, Ruan Qing and his wife were also brought to court by the developer Hangzhou Xixi Investment Development Co., Ltd. because they hung slogans such as "Happy Life, Rough Production" outside the balcony to protest, and the developer sued them for reputational infringement. On the 27th, the case was opened in the West Lake Court in Hangzhou.
20 10 June, Ruan Qing and his wife bought two houses in Xixi Paradise Yueju, with an area of 148 and 189 square meters respectively, with a total value of 10.
20 1 1 year1/month, the house was completed and accepted, but when the house was closed, Ruan Qing found dozens of cracks on the marble floor of the house, and the ceiling was rough and visible to the naked eye.
Ruan Qing refused to accept the house. After consultation, the developer agreed to rectify. "Because the furniture I ordered has arrived in Hangzhou, I have to choose one of the two suites, even though it is a problematic house." Yan Qing said.
20 12 April, Ruan Qing and his wife used central air conditioning for the first time after they moved in, and water leakage occurred again. Because the water leak happened in the closet, more than a dozen bags of Ruan Qing were soaked. In the summer of the same year, the glass of Ruanjiayangtai burst again.
According to Qin Wang, Ruan Qing's lawyer, Jianwei Law Firm, in August 2065438+2002, the developer confirmed the objective existence of furniture dehydration, and after many negotiations for compensation, the developer could not meet its reasonable requirements. De Nguyen once hung a banner on his balcony to protest-"unscrupulous profiteers, cutting corners, quality problems, endless".
Subsequently, the developer agreed to repair and rectify, and during the rectification period, he also gave Ruan Qing and his wife a transitional room.
On March 20 14, Ruan Qing received a notice from the developer asking him to move out of the transitional house. However, Ruan Qing believed that the marble cracks in the house were still unresolved, refused to move out, and was subsequently cut off from water and electricity.
According to Ruan Qing, the power outage caused the red wine in the wine cabinet at home to deteriorate and lost hundreds of thousands. So, for the second time, she put up a banner-"Enjoy your stay in heaven, shoddy it" to protest.
Ruan Qing said that she bought Yue Opera only for vacation, and she was not in Hangzhou at ordinary times, but she kept having quality problems every time she came back. "We also have mental troubles, but the defendant went to court and felt that there was no way to complain."
Many owners of Xixiyue reported to reporters the problems of floor cracking and wall seepage in the equipment room, and the most concentrated reaction was the balcony glass bursting. "This is a common phenomenon in the community." One owner said.
Regarding the above problems reflected by the owners, Tang Feng, who is in charge of customer relations of Hangzhou Xixi Investment Development Co., Ltd., said that it is impossible to deliver a finely decorated house without any problems. "For example, air conditioning, we use the brand central air conditioner, but as a developer, we can't control it to be 100% ok in use."
Tang Feng said that there are actually several problems about the balcony glass bursting. "It belongs to the warranty scope, and we will definitely repair or replace it."
Tang Feng believes that before the water and electricity of the transitional house were cut off, the developer had informed the owner that the house delivered to the owner had no structural problems or seriously affected the safe use, and the owner had no reason to refuse.
He said that Ruan Qing had complained to Hangzhou Construction Engineering Quality Supervision Station before, but after identification, there was no quality problem in the house.
Regarding the problem that Ruan Qing and his wife hung banners twice, Tang Feng thought that the banners reflected not the quality problem, but the damage to their reputation.
According to the lawyer representing the developer in court today, Ruan Qing and his wife hung banners on a busy road section, which had a bad influence and seriously damaged the commercial reputation of the developer. The developer asked Ruan Qing and his wife to apologize in two local media in Hangzhou and compensate the economic loss of1100,000 yuan.
In the court, the lawyers of Ruan Qing and his wife said that the defendant, as the owner, has the right to criticize and comment on the quality of the houses and property services sold by the developers; Potential consumers also have the right to know about the property developed by the plaintiff and the quality of property services, and the defendant's behavior does not constitute an infringement on the plaintiff's reputation. The content of the banner is a statement of objective facts such as the quality of houses sold by the plaintiff and the quality of property services, which belongs to legitimate criticism and comments.
Today, the developer's lawyer also mentioned the trouble of the house. "Don't ruin the reputation of our developers because of the price reduction."
However, Ruan Qing's lawyer retorted in court, "We have never mentioned the issue of price reduction."
The court will decide on another day.
References:
Baidu Encyclopedia-Public Security Administration Punishment Law
References:
People's Daily Online-Do luxury home owners pull banners to spit out the quality of their houses? Developers sue for reputation infringement