The man asked the forklift to throw the occupied vehicle into the river. Why do many netizens applaud?

In the news, after the private parking space was occupied, the owner directly called a forklift and threw the occupied car into the river without being able to contact the other party. This is a scene that happened in Fuzhou, Fujian on the night of 1 1.09. On the 20 th, the property staff of the involved community said that the relevant departments had been present to deal with the matter. Witnesses said that the vehicle that was thrown into the river had been salvaged.

According to netizens, in a residential area in Fuzhou, Fujian, an owner's private parking space was occupied by others. The owner of the parking space couldn't contact each other, so he called a forklift and threw the car occupying the parking space into the nearby river. The owner of the parking space also said in the video: "I can afford this broken car."

Network video screenshot

The property staff of the residential area involved said that both cars had their own parking spaces, and the owner who threw the car into the river did park his car in the private parking space of another owner. The specific dispute is unclear.

This matter attracted a hot discussion among netizens. Some people think this is a good job. If you don't move the parking space, it's better to be reasonable than heartless and should be dealt with. Some people think that this solution is a solution, but the price is too high to pay, because it is suspected of destroying property, and it may be unreasonable to stand up by yourself.

It's definitely not advisable to ask a forklift to throw the car into the river. It's an overreaction. According to the law, whoever intentionally destroys public or private property in a large amount or has other serious circumstances shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or a fine; If the amount is huge or there are other particularly serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years. If the circumstances are relatively minor, according to the Regulations on Administrative Penalties for Public Security, you can also be detained or given a warning for less than 15 days and compensate for the losses. Therefore, throwing someone else's car into the water is a quick relief, but you have to bear the consequences yourself.

Although the owner said, "I can afford this broken car." In fact, this is not a question of whether you can bear it, but a question involving legal responsibility. If the car loses a lot after being soaked, the owner who threw the car may not be able to stand it. Even if you can reconcile, you have to pay some money and pay a certain price.

Network video screenshot

Why do many netizens clap their hands and think that the host has done something that many people want to do but dare not do? This reflects the pain of occupied parking spaces. In reality, there are many phenomena that occupy other people's parking spaces and are unwilling to move their cars. Speaking of irrationality is really a headache and there is no good solution. As a result, there are all kinds of "hard core rights protection". Such as locking the other car, or towing the other car, as well as pricking tires, smashing windows, rowing cars, throwing garbage and other retaliatory acts. What's more, after the communication failed to move the car, he deliberately hit the other party for parking many times. This is all extremely wrong behavior.

On the 20th, the local police issued a circular saying that the forklift owner had been taken criminal compulsory measures by the public security organs. This shows that venting your anger by extreme means can't actually solve your anger, but will only make you more angry: from the victim to the infringer, you have to pay for your actions.

Only legal rights protection and rational rights protection can truly alleviate anger. According to the law, occupying other people's parking spaces is an infringement. When you are infringed, you have the right to ask the other party to stop the infringement. If the circumstances are serious, you may claim compensation. After finding that the purchased parking space is occupied, you can contact the owner to move the car. If negotiation fails, you can call the police or contact property management personnel to help solve it. If you can't contact the illegal parking owner within a period of time, you can file a civil lawsuit with the owner and ask him to bear the corresponding civil liability. Any overreaction will make you hurt more, which is not worth it.

Extended reading:

A man hired a forklift to throw a car that took up space into the river, saying, "this broken car can afford it."

According to xiaoxiang morning herald, on June 5438+065438+1October 19, it was reported that the owner of a residential area in Cangshan District, Fuzhou City, Fujian Province told a forklift to throw his car into the local Liuhuaxi River because the parking space was occupied. The reporter learned that the incident community was Rongxin White House Community in Cangshan District, which was suspected to be caused by a parking space dispute.

In this regard, 1 1.20, Cangshan Branch of Fuzhou Public Security Bureau reported that the man had hired a forklift to open other people's vehicles and throw them into the river because the parking space in the basement was occupied. At present, the public security organs have taken criminal compulsory measures according to law.

Image source: video screenshot

Several online videos show that a forklift is moving a car in the underground garage of a residential area, and after moving to the river bank, it pushes the car into the river. "Take my parking space and let him move and say,' I have a cold'. Yes, I have a cold, right? It's okay. I'll just throw it into Liuhuaxi. I can afford this broken car. " Suspected original parking space owner said.

Image source: video screenshot

165438+1On October 20th, many Fuzhou netizens told reporters that the incident community was Rongxin White House Community in Cangshan District. The video provided by netizens shows that this car was still in the river on the morning of the 20th. An owner of Rongxin White House told the reporter that he learned that it was suspected to be caused by a parking space dispute, but he was not very clear about the situation of both parties.

165438+1On October 20th, a reporter from xiaoxiang morning herald called Cangshan Branch of Fuzhou Public Security Bureau for information, but no effective response was received. According to the live report of the Straits Metropolis Daily, at 9: 00 am on the 20th, a car sank in Liuhuaxi, and a warning line was set up at the scene. Cangshan Branch responded that the specific situation is still being understood.

165438+1On the afternoon of October 20th, Cangshan Branch of Fuzhou Public Security Bureau reported that1October19, at about 23 o'clock, Jinshan Police Station of Fuzhou Public Security Bureau received an alarm from the masses, saying that its vehicle parked in the basement of a residential area in Cangshan was thrown into the river, and immediately.

Upon investigation, Chen Mou, the policeman, occupied the parking space of Lin Mokai underground garage with the number 17 on 10/8 in October. 165438+1October19 At about 22 o'clock, Lin Mokai hired Gong Moqiang to drive a forklift to fork the root vehicle into the river.

At present, Lin Mokai has been criminally compulsory by the public security organs according to law. The forklift driver Gong Mouqiang has arrived at the case and the case is under further investigation.

This topic has triggered a heated discussion among netizens, with different opinions.

According to the Straits Metropolis Daily, the reporter consulted Kang Guojun, a lawyer of Fujian Xinshitong Law Firm. Kang Guojun, a lawyer, said that if the parking space was purchased by the owner, occupying the parking space purchased by others would infringe on the ownership of others. According to the provisions of Article 236 of the Civil Code, if the property right is damaged or may be damaged, the obligee may request to remove the obstruction or danger. As the owner, the owner can ask him to leave the parking space.

However, if the owner improperly protects rights, he may also be suspected of deliberately destroying property. According to Article 275 of the Criminal Law of People's Republic of China (PRC), whoever intentionally destroys public or private property in a large amount or has other serious circumstances shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or a fine; If the amount is huge or there are other particularly serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years. However, whether it is suspected of committing a crime requires further investigation and determination by relevant departments.

In this incident, the forklift driver may be negligent or negligent knowing that it will cause serious consequences. The specific situation should be judged by law enforcement departments.

According to the upstream news report, on the afternoon of June 20th, Xu Liping, a partner of Zhejiang Wulian Law Firm 165438+, told reporters that the car-smashing behavior of the parking space owner may be suspected of intentional destruction of property, but the fault of the injured party is also obvious, and the parking space owner also has legitimate reasons for innocence. The case-handling organ shall investigate more specific circumstances and background information and consider handling it as appropriate.

Xu Liping, a partner of Zhejiang Wulian Law Firm, believes that if the economic loss caused by the owner of the parking space exceeds 5,000 yuan, that is, it reaches the standard of criminal filing, which may be suspected of intentional destruction of property. "At present, I don't know the brand, newness and value of the car."

"If it won't take long, you can leave a phone number to show your flexibility." Xu Liping believes that parking spaces in big cities are relatively tight, and parking spaces also belong to the private property of owners. The owner's preemption of other people's parking spaces is the fuse of this car throwing incident. This behavior of occupying other people's parking spaces gives the public a poor social impression and is easy to cause contradictions. In this case, the case-handling organ should give more consideration to public morality.

He also said that the case-handling authorities also need to consider details such as the performance of the two parties involved on weekdays, as well as the background of "whether the parking spaces in the community are sufficient" and "whether the owners often occupy other people's parking spaces". "If the owner of the car often occupies the parking space, it will be very vicious."

"The criminal law stipulates that if the circumstances are obviously minor and the harm is not great, it is not considered a crime. This may be a civil dispute. " Xu Liping said that he personally believes that if the injured party's fault is obvious and the owner of the parking space has a legitimate reason to be innocent, the public security organ and the judicial organ should make full use of the exit that does not constitute a crime, and if it can be handled in public order, no criminal measures will be taken; Those who can make civil compensation shall not take public security management measures. "You and the public can't be too different in their understanding of social morality."

National Business Daily Comprehensive Upstream News, Straits Metropolis Daily, xiaoxiang morning herald