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The landlord can report to the public security organ to explain that he needs human and physical evidence, and then according to Article 22 of the Regulations of the People's Republic of China on Public Security Administration Punishments, "If one of the following acts violates the personal rights of others, which is not sufficient for criminal punishment, he shall be detained for up to 15 days, fined up to 200 yuan or given a warning: (1) Assaulting others, causing slight injuries (2) ...There are seven in total, and the first one meets your requirements for reporting.
For management negligence and personnel problems that the property refuses to admit, the property can be identified according to the person's witness.
Generally, this kind of thing requires clear physical evidence (surveillance video) or mass evidence.
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Call the police, check the injury, for the property staff, do you fight back? If there is a police station, it is generally "50 boards each" to deal with, regardless of the reason, if you don't fight back? Whether it constitutes an injury, minor injury and can be considered a criminal case.
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Specific compensation standards: (1) Compensation amount of medical expenses = medical expenses incurred (excluding medical expenses for primary diseases) + expected medical expenses. (2) Compensation amount of lost time = lost time Income standard (the patient's fixed income due to lost work).
3) Hospitalization meal subsidy = length of hospitalization The standard of business trip meal allowance for general staff of state organs in the place where the medical accident occurred. (4) Compensation amount of escort fee = number of days of escort Number of escorts The average annual salary of employees in the previous year at the site where the medical accident occurred. (5) Disability living allowance compensation = disability level Average annual living expenses of residents in the place where the medical accident occurred Compensation period.
6) Compensation amount for disability equipment = cost of universal equipment. (7) Compensation amount for funeral expenses = 6 months of average monthly wages of employees in the city in the previous year. (8) Compensation amount for living expenses of dependents = number of dependents, minimum living security standard for local residents, and years of dependents.
9) Compensation amount for transportation expenses = the sum of the amount of actual necessary transportation expense receipts. (10) Compensation amount for accommodation expenses = number of days of accommodation The standard of accommodation subsidy for general staff of the state agency at the place where the medical accident occurred. (11) Compensation amount of moral injury pension = medical treatment) The average annual living expenses of residents in the place where the accident occurred (the maximum number of years for death is not more than 6 years, and the maximum number of years for disability is not more than 3 years.
12) Death compensation The victim is under the age of 60: Death compensation for urban residents = per capita disposable income of urban households for 20 years Death compensation for rural residents = per capita net income of farmers for 20 years. The victim was between 60-74 years old:
Compensation for the death of urban residents = per capita disposable income of urban households [20 years - (actual age of the deceased - 60 years old)]. Death compensation for rural residents = per capita net income of farmers [20 years - (actual age of the deceased - 60 years old)]. The victim was over 75 years of age:
Death compensation for urban residents = per capita disposable income of urban households for 5 years. Compensation for the death of rural residents = per capita net income of farmers for 5 years.
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Being beaten during working hours is a work-related injury, and the work-related injury is generally compensated by the company, so don't worry, say that you are afraid that no one will deal with it.
We chose to call the police at the first time and let the police enter the development of the incident. Then go to the hospital for a comprehensive examination of your body, and be sure to keep the hospital's injury identification invoice. Then negotiate with the company how to deal with it.
When the company doesn't deal with you, you can choose to go through the legal route. You gather all the evidence. This is a 100% chance of winning a lawsuit, and if you don't have financial income, you can also ask for legal aid. Generally, the ** center has a legal aid section.
When danger arises, protect yourself as soon as possible. And then go through the process that should be taken.
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As a property security guard, if you are beaten by the owner, then you should report 110 as soon as possible, because the dealer will investigate and understand the incident after the police, and if you cause minor injuries, then the other party will be punished after the injury evaluation, and the light will be detained, the heavy sentence will be sentenced, and monetary compensation.
As a property worker, then you must do your job well in the security work of the community, and don't lose your principles.
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Hello, it is recommended that you go to the police to solve the problem and complain to the local property management office.
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The property was beaten and counted, and it seemed that the property was the landlord and we were renting.
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It's time to fight, it's too awesome right now.
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You deserve it! The owner beat you, didn't you force the count? When you encounter a bad-tempered owner, you just admit it, if something happens, do you think a small property can help you get ahead?
Everything is flexible, you deserve to be beaten with a tendon in your head, then again, if you have a brain, will you go to be a security guard?
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The driver who beat the security guard bought off the police station.
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Legal analysis: If the security guard is beaten by the owner, he should report to the police in time, if he causes slight injuries, he will be punished by the public security administration, and if he is identified as having more than minor injuries, he is suspected of the crime of intentional injury and must bear criminal responsibility. If it is a sexual nuisance, they are to be detained for between 5 and 10 days, and may be concurrently fined up to 500 RMB, and those who are between 14 and 18 years old are to be given a lighter or commuted punishment.
Whoever causes death or seriously injures a person by particularly cruel means, causing serious disability, shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or death.
Legal basis: "Law of the People's Republic of China on Public Security Administration Punishments" Article 43 Whoever assaults another person or intentionally harms another person's body shall be detained for not less than 5 days but not more than 10 days and shall also be fined between 200 and 500 RMB; where the circumstances are more minor, they are to be detained for up to 5 days or fined up to 500 RMB. In any of the following circumstances, they are to be detained for between 10 and 15 days and fined between 500 and 1,000 RMB
1) Gang up to beat or injure others;
2) Beating or injuring persons with disabilities, pregnant women, persons under the age of 14, or persons over the age of 60;
3) Repeatedly beating or injuring others, or beating or injuring multiple people at a time.
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The first step is to collect relevant evidence, as well as video data. And when something happens, you should call the police in time, and with the intervention of the police, the nature of the matter is easy to judge. In addition, if an injury has already occurred, it is necessary to immediately request to go to the hospital for an injury examination.
After the incident, it is also necessary to immediately ask the property to compensate accordingly and bear the corresponding responsibility.
How should property security guards deal with beating disputes?
1: If you don't keep shouting enough criminal responsibility, you should do a judicial appraisal of the injuries to see if it constitutes a minor injury or a serious injury, and if it constitutes a minor injury or a result, you can be investigated for criminal responsibility; The disability appraisal is not a forensic appraisal;
2: The issue of compensation, which is a personal violation, as long as it is caused by the security guard, he should bear full responsibility.
They hurt each other, and they all have to bear corresponding responsibilities.
3. The property management company shall compensate for medical expenses, lost work expenses and other losses.
Article 8 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases stipulates that: "Where the legal representative, responsible person or staff of a legal person or other organization causes injury in the course of performing their duties, the legal person or other organization shall bear civil liability. Where the above-mentioned persons carry out conduct unrelated to their duties and cause harm to others, the perpetrator shall bear responsibility for compensation.
Four: in accordance with the provisions of the "Regulations on the Administration of Security Services":
Article 30 Security guards shall not engage in the following acts:
1) Restricting the physical liberty of others, searching others' bodies, or insulting or assaulting others;
2) Seizure or confiscation of others' documents and property;
3) Obstructing the lawful performance of official duties;
4) Participating in the recovery of debts, using violence or the threat of violence to resolve disputes;
5) Deleting, altering, or disseminating surveillance video data or alarm records formed in the course of security services;
6) Infringing on personal privacy or divulging state secrets, commercial secrets, or information that the client unit explicitly requires to be kept confidential in the course of security services;
7) Other conduct that violates laws and administrative regulations.
Obviously, the security guard has violated the regulations and the law, and the owner can ask the property management company to dismiss the security guard after receiving the corresponding compensation, so as to protect the entire community and avoid such a thing from happening in the future. The above is only the opinion of this one, of course, the handling of the matter should be handed over to the police for handling and judgment according to the actual situation.
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Analysis of the law is divided into clusters: 1. How to deal with the fight between the owner and the property security.
1. When there is a dispute between the property security and the owner, you can choose to negotiate and settle it, or you can find a third party to make conditions, or file a lawsuit, find the relevant department to complain, etc., and it is also possible to change the property company if it cannot be solved.
2. Legal basis: According to the Full Text of the Judicial Interpretation of the Arbitration Law
Article 4 stipulates that in accordance with the arbitration clause in the property management company or the arbitration agreement voluntarily concluded after the dispute arises, the dispute shall be submitted to the arbitration institution with management power, that is, the arbitration commission where the property management company is located, for adjudication to resolve the dispute.
2. What are the main ways to resolve economic disputes?
1. There are usually several ways to resolve economic disputes: reconciliation between the parties, request for mediation by people's mediation organizations, lawyers and other third parties, and if there is an arbitration agreement, they can apply to the agreed arbitration commission for arbitration and file a lawsuit with the court. In the event of an economic dispute, the buyer and the seller sit down calmly to negotiate, and the defaulting party can understand the reasons for its breach of contract by laying out the facts and reasoning, so that the other party can figure out the merits and understand the reasons for its own breach of contract. When necessary, the two sides made certain concessions and finally reached a settlement to eliminate their differences.
This practice can save costs, and the atmosphere is relaxed and flexible, which is conducive to the development of the relationship between the two sides.
2. If the property right is infringed, the right holder can resolve it through reconciliation, mediation, arbitration, litigation and other means.
Legal basis: Full text of the interpretation of the Arbitration Law Division
Article 4 stipulates that in accordance with the arbitration clause in the property management company or the arbitration agreement voluntarily concluded after the occurrence of the dispute, the dispute shall be submitted to the arbitration institution with management power, that is, the arbitration commission where the property management company is located, for adjudication to resolve the dispute.
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Legal analysis: can be reported to the police. If the injury is minor or serious, it constitutes the crime of intentional injury and shall be investigated for criminal responsibility.
The basis of the law of scattered rocks:
Criminal Law of the People's Republic of China Article 234 Whoever intentionally injures the body of another person shall be sentenced to fixed-term imprisonment of not more than three years, short-term detention or controlled release. Whoever commits the crime in the preceding paragraph and causes serious injury is to be sentenced to fixed-term imprisonment of not less than three years but not more than ten years; Whoever causes death or seriously injures a person by especially cruel means, causing serious disability, is to be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment, or death. Where this Law provides otherwise, follow those provisions.
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