Can the owner default on the property be fined?

The property company has no right to impose a fine on the defaulting owner. Although the owner has breached the contract, it is wrong for the property company to impose a fine on the defaulting owner. Administrative punishment shall be implemented by administrative organs with the power of administrative punishment within the scope of statutory functions and powers.

As a business entity, the property company is not an administrative organ and does not have the power of administrative punishment. Therefore, it has no right to impose fines on the owners. According to the relevant provisions of Chinese laws, fines are administrative penalties, which can only be exercised by administrative organs, judicial organs or other organizations with the power of punishment within their statutory functions and powers. In addition, administrative punishment should follow the statutory principle, that is to say, there is no explicit provision in the law that it is not punished, and administrative punishment must be based on the provisions of laws, regulations or rules.

Administrative Punishment Law of the People's Republic of China

Article 15 The departments of the State Council and the people's governments of provinces, autonomous regions and municipalities directly under the Central Government and their relevant departments shall regularly organize the evaluation of the implementation and necessity of administrative punishment, and put forward suggestions for amending or abolishing inappropriate items and types of administrative punishment and fines.

Sixteenth in addition to laws, regulations and rules, other normative documents shall not set administrative penalties.

1. What's the difference between a fine and a fine?

1, the legal nature is different: fines are administrative penalties, while fines are criminal penalties;

2. Different law enforcement agencies: fines are generally decided by administrative law enforcement agencies, and fines are judged by people's courts according to law;

3. Different objects of application: fines are applicable to ordinary criminals who violate administrative regulations and do not constitute a crime, and fines are applicable to criminals who violate criminal law;

4. Different legal basis: The legal basis for people's courts to impose fines is the Criminal Law of People's Republic of China (PRC) and the Criminal Procedure Law of People's Republic of China (PRC). The legal basis for the administrative organ to make a fine decision is the Administrative Punishment Law of the People's Republic of China.

Two, the following seven administrative penalties are as follows:

1, warning;

2. Fine;

3. Confiscation of illegal income and property;

4, ordered to suspend production and business;

5. Suspend or revoke the license, or suspend or revoke the license;

6. Administrative detention.