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How do the police handle the contradiction between the owner and the property
-Li Fucheng as owners move into new residential areas, there are more and more contradictions between owners and property. The reason for the conflict between the owner and the property is whether the owner should charge for entering and leaving the community: the property requires the owner to pay, otherwise he can't enter and leave the community; Owners take it for granted that they should not pay fees for entering and leaving their own communities. The way of conflict is as follows: the property organization security guards stopped in front of the owner's car, and the owner forcibly collided. After the conflict escalated, both parties reported the case unilaterally "1 10" and asked the public security organ to handle it. The conflict between the owner and the property was handed over to the grassroots police for handling. From the perspective of legal relationship, the owners' committee of residential area is a self-governing organization of residents and the highest authority in the daily life of residential area. Property is an organization employed by the owners' committee in the form of a contract, which is engaged in daily management work in the residential area according to the contract. The relationship between them is the relationship between employers and employees, and the rights and obligations of both parties are stipulated in the contract in advance. If the owners' committee is established in the community according to law, whether the owners of the community charge for entering and leaving the community shall be implemented in accordance with the contract signed by the owners' committee and the property in advance. If the contract stipulates that fees can be charged, all owners shall abide by the principle of voluntary autonomy in civil activities. When individual owners fail to comply with the payment regulations and the property is charged by parking, after both parties or one party report to the police, "1 10" police should clearly inform the property that their conflicts can be resolved through litigation according to the contract. It is not appropriate to park the owner's vehicle in such an extreme way, and it is wrong to prevent the owner's vehicle from entering and leaving the community. Because the owner's vehicle entering and leaving the community belongs to the right of way stipulated by the Constitution and belongs to the inherent rights of natural persons, and the charging is a civil right, provided that both parties have an agreement. Since the legal rank of the right of way is higher than the right of toll collection, when the two conflict, the law with lower rank should be subordinate to the law with higher rank. Therefore, in case of such alarm, "1 10" police should give priority to protecting the owner's right of way, and inform the owner of the litigation way to remedy his rights. If the owners' committee is not established in the community, and the property and the owners have not signed a charging contract, the property will charge the owners' tolls. The public security organs should not interfere if the owners volunteer. If the owner doesn't want to, the security guard will stop the car forcibly, and the owner will call the police "1 10". "1 10" The police can clearly inform the security guard that the act is illegal and belongs to extortion. If the circumstances are serious, it may constitute a crime, and the police should admonish the security guards. If the public security defense is based on the request of the property manager, then, after verification, the property manager and the security guard constitute illegal and criminal acts, and the public security organ shall admonish them. If the security guard stops the car seriously, the property manager and the security guard may be administratively detained after performing the legal procedures. If the circumstances are particularly serious, the case shall be filed according to law and the criminal responsibility shall be investigated through judicial procedures. When the police go to the police, the property can show the charging basis of the local price department to prove the legality of its charging behavior. Since the documents issued by the price department only guide the property charging standards, the price department has no right to set civil rights and obligations to third parties. The rights and obligations between the property and the owner must be stipulated in the contract. (Author: Jiangsu Provincial Public Security Department)
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