Should there be a public security penalty for forcibly damaging other people s illegal buildings?

Legal Analysis: Public Security Punishment for Destroying Other People's Property: If the love shirt is relatively light, he shall be detained for five days and may be fined 200 yuan; if the circumstances are ordinary, he shall be detained for 7 days and may be fined 200 to 500 yuan; where the circumstances are more serious, on the basis of the circumstances of the case, punishment is to be given in three grades:

First, 10 days' detention may be imposed with a concurrent fine of 500 yuan Second, detention for 12 days may be imposed with a concurrent fine of 500 to 1,000 yuan; Third, he shall be detained for 15 days and shall be fined 500 to 1,000 yuan.

Legal basis: "Law of the People's Republic of China on Penalties for Public Security Administration and Distribution" Article 49 Anyone who steals, defrauds, robs, snatches, extorts or intentionally damages public or private property shall be detained for not less than 5 days but not more than 10 days, and may be concurrently fined up to 500 yuan; where the circumstances are more serious, they are to be detained for between 10 and 15 days, and may be concurrently fined up to 1,000 RMB.

Summary. Hello dear, it's a pleasure to serve you Can you be sentenced for destroying other people's buildings: Yes, intentional destruction of other people's buildings is the crime of intentional destruction of property.

Hello dear, it's a pleasure to serve you Can you be sentenced for destroying other people's buildings: Yes, intentional destruction of other people's buildings is the crime of intentional destruction of property.

The crime of intentional destruction of property refers to the intentional destruction or damage of public or private property, where the amount is relatively large or there are other serious circumstances. The subject of this crime is the general destruction of the body, and anyone who has reached the age of criminal responsibility and has the ability to take responsibility for the criminal manuscript can constitute this crime.

Can you be sentenced for maliciously demolishing a neighbor's fort.

Relatives who violate the law, but civil disputes, are generally only public security punishments.

Forcibly demolished.

Kiss Public Security Detention.

Kiss up to less than one year.

Does it have an impact on the next generation?

Kiss No, as long as it's not criminal, it won't have an impact.

Oh. Got it.

This kind of kissing generally does not constitute a crime, and if it is sentenced to a crime, the crime is very serious.

Summary. <>

Intentionally destroying other people's houses or demolishing other people's houses without permission is handled as the crime of intentional destruction of property, and if the amount of intentional destruction of property is relatively large or there are other serious circumstances, the sentence is up to three years imprisonment, short-term detention or a fine; If the amount is huge or there are other particularly serious circumstances, the sentence shall be fixed-term imprisonment of not less than three years but not more than seven years Damage to other people's buildings also need to bear compensation, according to the degree of damage to the house, the scope of compensation is not the same, according to whether it can be repaired, it can be divided into repairable damage and non-repairable, the amount of compensation that can be repaired is the repair cost plus related economic losses, and the amount of compensation that cannot be repaired is the amount of real estate value impairment

Can you be sentenced for destroying someone else's building?

<> Qinqin I'm glad to answer for you, destroying other people's buildings can change the sentence Intentionally destroying other people's houses or demolishing other people's houses without permission is handled as the crime of intentional destruction of property, and where the amount of intentional destruction of property is relatively large or there are other serious circumstances, the sentence is up to three years imprisonment, short-term detention or a fine; If the amount is huge or there are other particularly serious circumstances, the sentence shall be fixed-term imprisonment of not less than three years but not more than seven years Damage to other people's buildings also need to bear compensation, according to the degree of damage to the house, the scope of compensation is not the same, according to whether it can be repaired, it can be divided into repairable damage and irreparable, the amount of compensation that can be repaired is the repair cost plus the relevant economic damage, and the amount of compensation that cannot be repaired is the amount of real estate value impairment

If the damage to other people's houses can be repaired to a certain extent, but the value of the real estate cannot be fully restored, the amount of compensation shall be the sum of part of the repair costs, the impairment of the value of the real estate, and the related economic losses, and if irreparable losses are caused, the amount of compensation shall be the replacement cost Illegal destruction of other people's buildings is an act of intentional damage to public and private property, and the case shall be reported to the public security organ in accordance with the law, and the case shall be filed for investigation and the suspect shall be investigated for legal responsibility. The victim may file a lawsuit with the people's court to assert his or her civil rights, and the people's court, the Kaili People's Procuratorate and the public security organs must strictly abide by the relevant provisions of this Law and other laws in conducting criminal proceedings

Dear, what's the situation?

The public security penalty standards for destroying other people's property are as follows:

1. where the circumstances are more minor, they shall be detained for 5 days and may be fined 200 yuan;

2. where the circumstances are more serious, they are to be detained for between 10 and 15 days, and may be concurrently fined up to 1,000 RMB.

Intentional destruction of public or private property, suspected of any of the following circumstances, shall be prosecuted:

1. Causing a loss of 5,000 yuan or more to public or private property;

2. Destroying public or private property three or more times;

3. Gathering three or more people to openly destroy public or private property;

4. Other situations where the circumstances are serious.

If a person who is intoxicated is in a state of intoxication and poses a danger to himself or herself or to the person, property, or public safety of others, protective measures shall be taken to restrain him until he sobers up. Where the administration of public security is jointly violated, punishment is to be given separately on the basis of the role played by the violators in the violation of the administration of public security. Where instigating, coercing, or enticing others to violate the management of public security is to be punished in accordance with their conduct of instigating, coercing, or deceiving.

Legal basisLaw of the People's Republic of China on Public Security Administration Punishments

Article 49.

Those who steal, defraud, rob, snatch, extort, or intentionally damage public or private property are to be detained for between 5 and 10 days, and may be concurrently fined up to 500 RMB; where the circumstances are more serious, they are to be detained for between 10 and 15 days, and may be concurrently fined up to 1,000 RMB.

The public security penalty standards for destroying other people's property are as follows:

1. where the circumstances are more minor, they shall be detained for 5 days and may be fined 200 yuan;

2. where the circumstances are more serious, they are to be detained for between 10 and 15 days, and may be concurrently fined up to 1,000 RMB.

Intentional destruction of public or private property, suspected of any of the following circumstances, shall be prosecuted:

1. Causing a loss of 5,000 yuan or more to public or private property;

2. Destroying public or private property three or more times;

3. Gathering three or more people to openly destroy public or private property;

4. Other situations where the circumstances are serious.

If a person who is intoxicated is in a state of intoxication and poses a danger to himself or to the person, property, or public safety of others, protective measures shall be taken to restrain him until he sobers up. Where the administration of public security is jointly violated, punishment is to be given separately on the basis of the role played by the violators in the violation of the administration of public security. Where others are instigated, coerced, or tricked into violating the administration of public security, punishment is to be given in accordance with their conduct of instigating, coercing, or deceiving.

Legal basis] The People's Republic of China Public Security Administration Punishment Pharaoh Changxu Xunchun".

Article 49: Those who steal, defraud, rob, snatch, extort, or intentionally damage public or private property are to be detained for between 5 and 10 days, and may be concurrently fined up to 500 RMB; where the circumstances are more serious, they are to be detained for between 10 and 15 days, and may be concurrently fined up to 1,000 RMB.

Article 275 of the Criminal Law, where public or private property is intentionally destroyed, and the amount is relatively large or there are other serious circumstances, a sentence of up to three years imprisonment, short-term detention or a fine is to be given; where the amount is huge or there are other especially serious circumstances, a sentence of between three and seven years imprisonment is to be given.

Illegal construction can be the object of the offence of intentional destruction of property. To determine whether the perpetrator has constituted the crime of intentional destruction of property, it is necessary to find out whether the basis for the appraisal of land ownership, ownership of property, and loss of illegal construction is objective. Illegal construction refers to the construction, expansion or reconstruction of buildings that occupy the land without the approval of the relevant departments or the use of deceptive means to obtain the approval of Hengshu, or the approval but the approved content is illegal.

In practice, disputes sometimes arise due to the deliberate demolition of illegal buildings by others. The illegal building has not been registered in real right or has been illegally registered, so the illegal builder cannot obtain the ownership of the illegal building. However, the building materials that constitute illegal construction are themselves legal as movable property and should be protected by law.

Although the illegal builder does not enjoy the ownership of the illegal building, due to its actual management and control, it also forms a kind of possession.

1. What are the constitutive elements of the crime of intentional destruction of property?

1. Object. The object of this offence is the ownership of public or private property. The object of criminal filial piety may be various forms of public or private property, including means of production and means of subsistence; Movable property, immovable property, etc.

However, if the perpetrator intentionally destroys certain specific property as otherwise provided for in this Law, endangering the elements of other objects, it shall be handled in accordance with the relevant provisions of this Law.

2. Objective elements.

This crime is objectively manifested as the destruction or damage of public or private property, where the amount is relatively large, or where there are other serious circumstances. The intentional destruction of public or private property must reach a relatively large amount or there are other serious circumstances before it constitutes a crime. The so-called "serious circumstances" refers to the destruction of important items where the loss is serious, and the means of destruction are particularly heinous; Destroying urgently needed items causing serious consequences; Despicable motives, attempts to blame others, and so on.

3. The main body. The subject of this crime is a general subject, and any natural person who has reached the age of criminal responsibility and has the capacity for criminal responsibility can constitute this crime.

4. Subjective elements.

This crime is manifested in the subjective aspect as intentionality. The purpose of the offence is not to obtain property illegally, but to destroy it. This is the fundamental difference between the crime of destroying property and other crimes of greed against property.

Legal Analysis: Not necessarily. The demolition of illegal buildings is to have the right to enforce the law, and only the state agencies authorized by the law and demolition laws and regulations can enforce the law, and other individuals and units who demolish them without permission will be suspected of the crime of intentional destruction of property, and must bear criminal responsibility in accordance with the law and compensate the victims for their losses.

Legal basis: Article 275 of the Criminal Quarrel Law of the People's Republic of China: Whoever intentionally destroys public or private property, where the amount is relatively large or there are other serious circumstances, shall be sentenced to fixed-term imprisonment of not more than 3 years, short-term detention or a fine. Where public or private property is intentionally destroyed, where the amount is huge or there are other especially serious circumstances, a sentence of between 3 and 7 years imprisonment is to be given.