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Does residential property management have the right to fine?
Property has no right to fine. According to the relevant laws of our country, administrative punishment can only be exercised by administrative organs with the power of administrative punishment within the scope prescribed by law. Moreover, the property company is not an administrative organ and has an equal relationship with the owner. The property should stop and correct the illegal behavior of the owner. However, the property can collect liquidated damages from the defaulting owners according to the contents of the property service contract signed by both parties, and the liquidated damages shall be subject to the actual losses. The administrative penalty for a fine shall be decided by the administrative organ with the power of administrative penalty within the scope of statutory functions and powers. The people's governments of provinces, autonomous regions and municipalities directly under the Central Government authorized by the State Council or the State Council may decide that an administrative organ shall exercise the power of administrative punishment of the relevant administrative organs, but the power of administrative punishment that restricts personal freedom can only be exercised by public security organs. Except for administrative organs and people's courts, no other unit has the right to impose a fine, nor does the employing unit have the right to impose a fine. The administrative organ or the people's court shall, in accordance with the provisions of laws, regulations or rules, implement the punishment in accordance with the prescribed procedures.
Legal basis: Regulations on Property Management
Article 35 A realty service enterprise shall provide corresponding services in accordance with the stipulations of the realty service contract. The realty service enterprise fails to perform the realty service contract, causing personal and property safety damage to the owner, and shall bear corresponding legal responsibilities according to law.
Forty-fifth of the property management area in violation of public security, environmental protection, property decoration and use of laws and regulations, property service enterprises should be stopped, and timely report to the relevant administrative departments. After receiving the report from the realty service enterprise, the relevant administrative department shall stop the illegal act or deal with it according to law.
1. What's the difference between a fine and a fine?
1, the legal nature is different: fines are administrative penalties, while fines are criminal penalties;
2. Different law enforcement agencies: fines are generally decided by administrative law enforcement agencies, and fines are judged by people's courts according to law;
3. Different objects of application: fines are applicable to ordinary criminals who violate administrative regulations and do not constitute a crime, and fines are applicable to criminals who violate criminal law;
4. Different legal basis: The legal basis for people's courts to impose fines is the Criminal Law of People's Republic of China (PRC) and the Criminal Procedure Law of People's Republic of China (PRC). The legal basis for the administrative organ to make a fine decision is the Administrative Punishment Law of the People's Republic of China.
Two, the following seven administrative penalties are as follows:
1, warning;
2. Fine;
3. Confiscation of illegal income and property;
4, ordered to suspend production and business;
5. Suspend or revoke the license, or suspend or revoke the license;
6. Administrative detention.
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