Job Recruitment Website - Property management - Is it illegal for security guards to lock cars? What are the legal provisions?
Is it illegal for security guards to lock cars? What are the legal provisions?
1. It is illegal for the security guard to lock the car. Security belongs to the property company. As an enterprise rather than an administrative organ or a judicial organ, the property company has no right to punish, and the ticket issued has no legal basis. Contact the local police station to intervene and coordinate. If the property causes losses to the owner's vehicle, the other party's responsibility can also be investigated on the grounds of infringement. At the same time, the owners or other owners of the community can also report the situation to the Housing Authority.
2. Legal basis: Article 16 of the Administrative Punishment Law of the People's Republic of China
In addition to laws, regulations and rules, other normative documents shall not set administrative penalties.
Article 14
Local government regulations can make specific provisions within the scope of administrative punishment acts, types and ranges stipulated by laws and regulations.
Where laws and regulations have not been formulated, local government regulations may give administrative penalties such as warning, informed criticism or a certain amount of fine for acts violating administrative order. The limit of fines shall be stipulated by the standing committees of the people's congresses of provinces, autonomous regions and municipalities directly under the Central Government.
Second, how can I sue if I am locked by the security guard?
1, write a complaint and collect relevant evidence;
2. Bring a civil lawsuit to the court of the defendant's domicile with the indictment and evidential materials. If the defendant's domicile is inconsistent with his habitual residence, he needs to bring a lawsuit to the court of habitual residence;
3. The court examines the litigation request and decides whether to file a case within seven days;
4. If you decide to file a case, the plaintiff needs to pay the litigation fee after receiving the notice of filing a case from the court.
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