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Is it illegal to cut off water and electricity and not pay the heating fee?
Legal analysis
Prosecution process: 1. First of all, we must confirm who the defendant is (that is, the person or unit that requires the other party to bear the liability for compensation). If it is an individual, you need to print the household registration certificate at the police station where the other party's household registration is located (if the individual cannot handle it, the lawyer can print it). If it is a company, you need to print the basic registration information of the company in the Administration for Industry and Commerce; Secondly, you should write a civil lawsuit, stating the facts and reasons, and asking the other party to compensate for the loss. Of course, you need to provide written evidence (oral recording/video recording). If you think that some evidence cannot be obtained, you can apply to the court to collect evidence on your behalf, although it is unlikely; 3. When ready, submit the complaint and evidence to the court filing chamber. If it is accepted, it will give a notice of payment, and then pay the litigation fee with the notice of payment; After paying the fee, the representative case has been formally accepted, and the court will arrange the date and give you a summons, which will indicate the date, time, place and judge of the court session; You should appear in court on time when the court is in session. Being late will leave a bad impression on the judge, and sometimes you will think that voluntarily giving up the lawsuit will be regarded as withdrawing it. The judge's clerk will verify the identity of both parties and then enter the trial stage; 5. Trial stage: First, the plaintiff will be required to read the indictment first, and then submit the corresponding evidence after reading it, and then the defendant will refute it, and then enter the cross-examination stage of evidence (trial investigation). At this time, we must carefully demonstrate the authenticity/relevance/legitimacy of all the evidence of the other party, otherwise it will be detrimental to ourselves. 6, before the final judgment of the judge, you can apply for withdrawal. If you think that the case may be unfavorable to you, or you have other litigation methods against the same litigation object, or you are not prepared to sue the other party, you can apply to the court for withdrawal of the lawsuit and submit an application for withdrawal of the civil lawsuit.
legal ground
Article 119 of the Civil Procedure Law of People's Republic of China (PRC) must meet the following conditions: (1) The plaintiff is a citizen, legal person and other organization that has a direct interest in the case; (2) Having a clear defendant; (3) Having specific requests, facts and reasons; (4) It falls within the scope of civil litigation accepted by the people's court and is under the jurisdiction of the sued people's court.
property management regulations
Forty-first owners should pay the property service fee in accordance with the provisions of the property service contract. If the owner and the user of the property agree that the user of the property shall pay the property service fee, the owner shall bear joint and several liability from the agreement. Property that has been completed but has not been sold or handed over to the property buyer shall be paid by the construction unit.
Forty-fourth property management area, water supply, power supply, gas supply, heating, communications, cable television and other units should charge the relevant fees to the end users. Where a realty service enterprise accepts the entrustment to collect the fees mentioned in the preceding paragraph, it shall not collect additional fees such as handling fees from the owners.
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