The uncle who smashed the stairs was sentenced to several years.

Shijiazhuang was sentenced for smashing stairs. According to the relevant information, the court ruled that this staircase belongs to the public, and it belongs to the public and cannot be occupied privately.

The cause of the contradiction in this incident is the ownership of the staircase corridor in the residential area involved. Uncle Chen thinks he has a contract. According to the promise and supplementary agreement given to him by the developer, the corridor belongs to him personally, so he took a series of so-called self-help behaviors to protect his rights, but obviously this is wrong.

According to the relevant provisions of the Property Law and the Property Management Regulations, the corridor belongs to the public facilities of the house and is shared by all owners. Therefore, neither the owner nor the property management enterprise can occupy it without authorization, which will harm the interests of other owners, otherwise it will be an illegal act of infringing on neighboring rights.

According to the court's judgment, some owners of the community have sued the court and won the case. Then, if Uncle Chen refuses to cooperate with the execution of the effective judgment of the court, the court can take the form of judicial custody to warn him and urge him to cooperate with the execution. If the circumstances are too serious, criminal responsibility may also be investigated for refusing to execute the judgment.

If Uncle Chen goes his own way and destroys the stairs many times without maintenance, he may also be suspected of deliberately destroying property.

Article 275 of the Criminal Law stipulates: 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.

Looking at the whole case, objectively speaking, Uncle Chen is also a victim. At the beginning of the design and construction of the residential area involved, it was obvious that the developer was clever for temporary convenience, which led to the misunderstanding of Uncle Chen. But after all, he has signed a compensation agreement with the developer. Uncle Chen Can took up the legal weapon and sued the developer and demanded compensation without violating the law and infringing on the legitimate rights and interests of other owners.

Introduction: Uncle Chen has a conflict with the developer. He blocked the entrance of the unit and smashed the stairs just to kidnap the upstairs residents and put pressure on the developers together. Uncle Chen signed a demolition compensation agreement with the developer. According to the agreement between the two parties, the developer needs to compensate Uncle Chen for the first floor and the second floor. The agreement makes it clear that the length of the house is 6. 5 meters, and after handing over the house, Uncle Chen measured it himself. The length of the house plus the length of the corridor is exactly 6. 5 meters, so uncle Chen used this as a basis to monopolize the corridor.

Mediation process:

Uncle Chen's attitude is that he has a contract, and the demolished corridor is the private property of his family. Before building the house, he didn't know that there were five floors upstairs and would not compromise. The attitude of developers is also ambiguous, unable to tell the truth. They just said that the house had been handed over normally, and Uncle Chen wantonly destroyed it as his personal behavior. Property management said that it is not a law enforcement department, and it can only arrange for all stakeholders to meet and negotiate. If the negotiation fails, there is nothing they can do. It is this idle attitude that makes it difficult for residents from the third floor to the seventh floor of this unit to go home.

After Uncle Chen smashed the stairs for the first time, the upstairs owners jointly sued Uncle Chen. The court ruled that the stairwell belongs to the public * * * area, and Uncle Chen illegally occupied the public * * * space, and then ruled that Uncle Chen should repair the stairs as soon as possible. After the court ruled, the stairs were temporarily repaired, but Uncle Chen was not convinced and smashed the stairs again. No way, the upstairs owner sued Uncle Chen to the court again, and the upstairs owner won the case for the second time, but the stairs have not been repaired this time.

I hope the above content can help you. If in doubt, please consult a professional lawyer.

Legal basis:

Article 91 of the Criminal Law of People's Republic of China (PRC)

Scope of Public Property The term "public property" as used in this Law refers to the following properties:

(1) State-owned property;

(2) Property collectively owned by the working people;

(3) Property donated by the society or with special funds for poverty alleviation and other public welfare undertakings.

Private property managed, used or transported by state organs, state-owned companies, enterprises, collective enterprises and people's organizations shall be regarded as public property.