Is it illegal to take up a parking space and throw it into the river?

Is it illegal for a man to throw his car into the river when the parking space is occupied?

Ten rights

1 1-25 16:26:05

watch out for

Recently, a car owner found his parking space occupied and contacted the other party, but the other party refused to move the car. The man told the forklift driver to throw the car directly into the river, saying that he could afford it. Is this illegal?

Details of the case

Recently, a video set off a public opinion on the Internet. Lin, the owner of a residential area in Fujian, found that his parking space was occupied by his neighbor in the same residential area, so he called his neighbor () to ask him to move the car, but the neighbor said that he had a cold and refused to move the car.

In a rage, the man contacted a forklift master (Gong Mou) and threw his car into Liuhuaxi. In the video, the man said domineering, "If you take my parking space, I will throw him into the river. I can afford that broken car."

After this video was posted on the Internet, it went on a hot search. Many netizens said: What a cruel man! He did something I dare not do. But some netizens said that when you throw it into the river, the nature of things changes, which is illegal.

Sure enough, the police report from Cangshan Branch of Fuzhou Public Security Bureau said that it had received an alarm from Chen Mou (a neighbor) that his vehicle had been forked and thrown into the river.

The police immediately launched an investigation. After investigation, the police did occupy Lin's underground parking space. Lin hired Gong to drive a forklift to fork his vehicle into the river when he couldn't get in touch.

At present, Lin has been criminally compulsory by the public security organs according to law, and the forklift driver Gong has also arrived in the case, and the case is under further investigation.

After the case was fermented, online netizens talked about it one after another, saying that "the parking space is my private property, just like the house. What's wrong with me throwing away the garbage in the parking space? " Some netizens even said that although this kind of behavior is venting, you deliberately damaged other people's finances, which is a criminal act.

Is it illegal to throw a car into the river?

//

Article 275 of China's Criminal Law stipulates that whoever intentionally damages public or private property, with a large amount or other serious circumstances, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or a fine. If the amount is huge or there are other particularly serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years. Whoever intentionally destroys public or private property and causes losses of more than 5,000 yuan of public or private property may file a case for prosecution.

Therefore, the man's behavior may not only lose money, but also bear criminal responsibility. In addition, Gong, the forklift driver in this case, clearly knows that the vehicle is not the owner of the parking space, which constitutes a joint crime and also needs to bear corresponding criminal responsibility. Even if the value of the vehicle does not reach 5,000 yuan, it does not constitute a crime of deliberately destroying finance, but it is also an illegal act and will be subject to administrative detention, fines and other administrative penalties.

Owners have the right to control the parking spaces they buy, but they have no right to dispose of and enforce them. However, if someone else occupies his parking space and refuses to move his car, it constitutes a civil tort, and the owner can safeguard his legitimate rights and interests through reasonable and effective means.

How to correctly handle the problem of parking spaces being occupied?

1, the owner can contact the property management company to coordinate and solve it.

2, the owner can report the case, because the parking space is your private property, and the other party's occupation is also illegal.

3. The vehicle can be delivered to the trailer to leave the site, provided that the vehicle cannot be damaged, and the trailer expenses incurred shall be borne by the other party.

4. If the parking space is occupied and used for many times, the owner of the parking space can keep relevant evidence and bring a lawsuit to the court, asking the other party to stop the infringement and compensate for the losses.

Parking space is the owner's private legal property, while Chen Mou's occupation of other people's parking space is an act of infringing on other people's property.

According to Article 26 of China's Law on Public Security Administration Punishment, anyone who damages or occupies financial resources arbitrarily shall be detained for more than 5 days 10 days, and may also be fined up to 500 yuan. If the circumstances are serious, you can be detained for more than 10 days and less than 100 yuan.

The case can be clearly known on the internet, and many netizens support Lin's approach. Obviously, in real life, the behavior of occupying parking spaces and refusing to load is everywhere, which has caused many netizens to swear.

Answers to case questions

Question: The netizen shouted that the behavior of "throwing the car into the river" in this case was put forward by the person occupying the parking space and was the victim's promise. Even if the forest is thrown into the river, it does not intentionally destroy finance, nor does it constitute a crime. Is that really the case?

Answer: In fact, this kind of promise or consent is useless. In law, this is called "banter", which is not a true expression and is regarded as invalid.

In life, conflicts and frictions between people are not uncommon. When encountering problems, we should keep a clear head and deal with them rationally. Solve it through reasonable and legal means, instead of turning what was reasonable into something unreasonable.

If it is fast for a while, it will not be worth the loss. We must safeguard our legitimate rights and interests through proper channels.