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Smashing a piece of someone else's glass is a public security case, and it generally does not reach administrative detention.
Legal basis: According to Article 23 of the Regulations on Administrative Penalties for Public Security, public security cases of intentional damage to public or private property shall be detained for up to 15 days or given a warning, and a fine of up to 200 yuan may be imposed alone or concurrently.
Article 49 of the Public Security Administration Law of the People's Republic of China: Anyone who steals, defrauds, robs, snatches, extorts, or intentionally destroys public or private property is to be detained for not less than 5 days but not more than 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.
Therefore, smashing a piece of other people's glass is a public security case, and it generally does not reach administrative detention. Administrative fines may apply.
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Law of the People's Republic of China on Public Security Administration Punishments.
Article 26: Those who commit any of the following conduct 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.
1) Gang fighting;
2) Chasing or intercepting others;
3) Forcibly taking or arbitrarily destroying or occupying public or private property;
4) Other acts of picking quarrels and provoking trouble.
Detention for up to fifteen days.
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Less serious cases should be punished with a warning, seven days' detention, or a fine.
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The law now provides for a maximum of 15 days of detention.
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Summary. If the two parties reach a settlement, admit their mistakes with a good attitude, and the other party understands, they can be exempted from detention.
If the two parties reach a settlement, admit their mistakes with a good attitude, and the other party understands, they can be exempted from detention.
Legal basis: Article 49 of the "Public Security Administration Punishment Law of the People's Republic of China" 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 also be 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.
What stage are you at on your side?
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If the window is smashed, the person concerned can call the police to deal with it. If the crime is not constituted, the police will impose a public security administrative punishment on the perpetrator, and generally detain him for not less than 5 days but not more than 10 days, and may also impose a fine of up to 500 yuan. where the crime of intentional destruction of property is constituted, the sentence is generally three years imprisonment, short-term detention, or a fine.
Article 277 of the Criminal Law: Article 15: Whoever intentionally destroys public or private property, where the amount is relatively large or there are other serious circumstances, is to be sentenced to up to three years imprisonment, short-term detention or a fine; 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. Article 49 of the "Public Security Administration Punishment Law" 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 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.
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Legal Analysis: Generally not, unless the amount meets the criminal standard.
Legal basis: Civil Code of the People's Republic of China
Article 120:Where civil rights and interests are infringed upon, the infringed party has the right to request that the infringer bear tort liability.
Article 183:Where oneself is harmed by protecting the civil rights and interests of others, the infringer bears civil liability, and the beneficiary may give appropriate compensation. Where there is no infringer, the infringer has escaped, or is unable to bear civil liability, and the victim requests compensation, the beneficiary shall give appropriate compensation.
Article 111 167:Where the tortious conduct endangers the safety of others' persons or property, the infringed party has the right to request that the infringer bear the tortious responsibility of stopping the infringement, removing obstacles, eliminating dangers, and so forth.
Article 1168: Where two or more persons jointly commit tortious acts, causing harm to others, they shall bear joint and several liability.
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