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Property reconsideration
Article 119th of the Civil Procedure Law of People's Republic of China (PRC) * * * Arrest, fine and detention must be approved by the president. A subpoena should be issued. Fines and detention shall be decided in writing. If you are not satisfied, you may apply to the people's court at the next higher level for reconsideration once. Execution shall not be suspended during reconsideration.
Is property fine illegal?
Illegal. Property management companies have no right to impose administrative penalties such as fines. Even if the owner breaches the contract, the property management company can only manage it with liquidated damages and compensation. From the legal point of view, fine is an administrative penalty, and there is no distinction between administrative penalty and economic penalty. Except for administrative punishment, all similar situations can no longer be called fines. Of course, the property management company has no right to impose a fine, but it should be noted that the property management company can collect liquidated damages. If there is an agreement in the contract agreed by both parties and the owner breaches the contract, then the property management company can collect liquidated damages according to the contract signed by both parties. Of course, if the property management company is found to be in breach of contract, the owner can also collect liquidated damages from the property management company, but it is often difficult to operate in practice.
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