How to deal with the qualitative provocation of the old man pushing a motorcycle?

In Pudong, Chen Mou owns a light sports car worth more than 60,000 yuan.

An old man saw it and deliberately knocked down Chen Mou's motorcycle, resulting in a loss of 16000 yuan. After the incident, neighbors advised Mr. Chen that the old man was old and it was difficult to hold him accountable. Forget it!

Mr. Chen disagreed and insisted that the elderly should take responsibility. On the day of the incident, Mr. Chen was moving and just moved from another community to the incident community. His motorcycle is KTM-rc390, which weighs more than 200 kilograms.

For safety reasons, Mr. Chen parked his motorcycle in the planned motorcycle parking area downstairs. At about 7 pm, Mr. Chen finished cleaning his new home and prepared to go downstairs to get something.

Unexpectedly, he found that the parked motorcycle fell to the ground for no reason. Mr. Chen suspects that someone did it on purpose, because a motorcycle weighing more than 200 kilograms will not easily fall to the ground.

Later, Mr. Chen went to the residential property management office for monitoring to see what was going on. Finally, he found that an old man saw his motorcycle when she staggered by, and then deliberately pushed it down.

After the incident, Mr. Chen heard from the residents of the community that it was not the first time for the elderly to do so. She had deliberately destroyed other people's property many times before.

It was identified that the old man pushing the motorcycle was a person with limited capacity, and the guardian was her son. The motorcycle loss was 16000 yuan.

1. From the perspective of citizens, should the old man or the son bear the responsibility? The key point is that the elderly involved are people with limited capacity for civil conduct.

In civil law, there are two kinds of people with limited capacity for civil conduct, one is a minor over 8 years old, and the other is an adult who can't fully understand his own behavior. Old people belong to adults who can't fully understand their behavior.

Article 1 188 of the Civil Code stipulates that if a person with limited capacity for civil conduct causes damage to others, the guardian shall bear the tort liability. The guardian's obligation of guardianship can reduce the tort liability. Specific to this case, the harm caused by the old man to others is the responsibility of her guardian. Her son's duty of guardianship can reduce the tort liability.

2. get away with it. Legally speaking, how should this case be characterized?

First of all, the old man deliberately pushed down the motorcycle and deliberately damaged other people's property. According to the provisions of judicial interpretation, intentional damage to other people's property worth more than 5,000 yuan constitutes the crime of intentional damage to other people's property and is punishable by fixed-term imprisonment of not more than three years, criminal detention or fine.

Second, arbitrarily damaging or encroaching on public or private property, if the circumstances are serious, constitutes the crime of stirring up trouble. The key to the crime of stirring up trouble lies in arbitrary damage, which emphasizes unreasonable and arbitrary damage. The situation here is very serious, which can be arbitrary destruction, occupying a lot of public and private property, or repeated destruction or adverse effects.

The reason why the old man constituted the crime of stirring up trouble was not only because she damaged a lot of public and private property, but also because she deliberately damaged other people's property many times before, but at that time, because of the small number, it went away.

According to Article 293 of the Criminal Law, whoever commits the crime of stirring up trouble shall be sentenced to fixed-term imprisonment of not more than five years, criminal detention or public surveillance.

Third, some netizens said that the elderly do not restrict their capacity for civil conduct? She can also be investigated for criminal responsibility?

Article 18 of the Criminal Law stipulates that a mental patient who is unable to identify or control his own behavior and is confirmed by legal procedures and causes harmful consequences shall not be held criminally responsible. Specifically, mental patients are not criminally responsible only if they can't identify or control their own behavior, and they don't always bear criminal responsibility.

In other words, even if the elderly are people with limited capacity for civil conduct and should bear criminal responsibility, according to the law, they can be given a lighter or mitigated punishment.

In the end, the old man deliberately pushed down the motorcycle, and at the same time violated the crime of intentionally damaging property and the crime of seeking trouble, which belongs to the coincidence of laws and regulations. According to the principle that felony absorbs misdemeanor, we should be convicted and punished for the crime of stirring up trouble. Recently, the court is about to hear the case. After the incident, many people advised Mr. Chen not to be so serious, but Mr. Chen said, I just want to protect my legitimate rights and interests!