Is it illegal to occupy public space?

Public space refers to the space that people use together in production and life, including all public assets except private legal ownership. The attribute of public space is * * *, that is, collective ownership.

The purpose of public space governance is to "hand over the occupied public space and broaden its own development space" and realize the equality of all citizens in the enjoyment of public resources, which is not only the meaning of realizing the benefits of development achievements to the people, but also the release of reform dividends and the organic unity of economic, political, cultural, social and ecological benefits.

1. If the owner violates the property service contract or laws, regulations and management regulations, and the property service enterprise requests the owner to bear corresponding civil liabilities such as restitution, cessation of infringement and elimination of obstruction, the people's court shall support it.

2. The owners of residential quarters occupy public areas without authorization, which is not only a breach of contract in violation of management regulations, but also an illegal act in violation of regulations. In this case, the property management company has the right to file a lawsuit on behalf of all the owners, demanding that the owners who violate the law or breach the contract stop occupying the public area, which is both the right and the obligation of the property management company. According to the provisions of relevant laws, the neighboring parties of real estate should correctly handle the neighboring relationship in accordance with laws, regulations and social ethics, in the spirit of facilitating life, solidarity and mutual assistance, and fairness and reasonableness.

legal ground

Article 286 of the Civil Code of People's Republic of China (PRC) * * * Owners shall abide by laws, regulations and management regulations, and relevant behaviors shall meet the requirements of saving resources and protecting the ecological environment. For property service enterprises or other managers to implement emergency measures and other management measures implemented by the government according to law, the owners shall cooperate with them according to law. The owners' assembly or the owners' committee has the right to ask the perpetrator to stop the infringement, remove the obstruction, eliminate the danger, restore to the original state and compensate for the loss of any act that damages the legitimate rights and interests of others, such as dumping garbage at will, discharging pollutants or noise, raising animals illegally, building illegally, occupying passages illegally, refusing to pay property fees. If the owners or other actors refuse to perform relevant obligations, the parties concerned may report or complain to the relevant administrative departments, which shall deal with them according to law.

"Regulations on Fire Safety Management of High-rise Civil Buildings" Article 28 Evacuation passages and safety exits of high-rise civil buildings should be kept smooth, and it is forbidden to pile up articles, block exits and set obstacles. It is forbidden to occupy or block fire hydrants, to pile up sundries in fire hydrant box, and to pile up articles under fire shutters.