Property braking

Property brake lever belongs to public facilities, and the behavior causes property losses to others. In accordance with the provisions of the General Principles of the Civil Law of People's Republic of China (PRC), civil compensation should be made and restitution should be made. However, if the collision is intentional or there are other serious circumstances, it may constitute a crime of intentionally destroying property and be punished.

Legal analysis

According to the Civil Law of People's Republic of China (PRC) and other relevant laws and regulations, if the actor's behavior causes property damage to others due to negligence, he shall compensate according to the market price of the damaged object at the time of the loss caused by the behavior. If both parties can't reach an agreement on the compensation price and the payment method of compensation expenses, they can entrust a third-party evaluation agency for evaluation, or apply to the neighborhood committee or the owners' committee for consultation and mediation; If no agreement can be reached, the public security department can call the police to mediate; Or the injured party directly brings a civil lawsuit to the people's court, demanding the actor to compensate for its actual losses. It is suggested that you conduct friendly consultation with the person in charge of the property company whose property is damaged, further investigate the price and determine the price recognized by both parties. The damaged property company can be compensated according to the agreed price and payment method. At present, there are no other price restrictions in law.

legal ground

Article 184 of the Civil Code of People's Republic of China (PRC) infringes upon another person's property, and the property loss shall be calculated according to the market price at the time of loss or other reasonable means.

Article 187 of the Civil Code of People's Republic of China (PRC) * * * After the damage occurs, the parties may negotiate the payment method of the compensation fee. If negotiation fails, the compensation fee shall be paid in one lump sum; If it is really difficult to pay in one lump sum, it can be paid by installments, but the infringed party has the right to request the corresponding guarantee.

Article 186 of the General Principles of the Civil Law of People's Republic of China (PRC) * * * If neither the victim nor the actor is at fault for the occurrence of the damage, both parties shall share the loss according to law.