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Hello! The following answers are provided to your questions:
1. First of all, great sympathy! **Failure to perform due diligence and violation of the relevant prohibitions of the Ministry of Public Security during work!
2. If you sue them for inaction, it will be more difficult for you personally. But for their behavior, we must resolutely go to the higher public security organs to complain and reflect! And your ultimate goal is to get the computer back, and there is a possibility. But after the case is solved.
This probability is relatively small, and it needs to be actively investigated after the case is filed.
I hope my answer is helpful to you and good luck!
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I am also a college student, working in the boarding committee of the school, and I often encounter students who lose their computers. There is basically no way to solve this situation. In our school, the detection rate of this kind of thing is very low, and the compensation rate is 0
Last semester, 2 notebooks were lost in a dormitory, and the thieves came in again in the next semester and were caught, but the computers were sold for 500 each. Brother, I deeply sympathize with your plight, so pay attention in the future.
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First of all, I sympathize with you!
For you, I feel that the responsibility is two-sided, one is for you and the other is for the school. There are two theories about how you lose your computer, one is that if someone from your school stole it, then the responsibility is your own, and the other is that if someone from outside the school stole it, then the responsibility is the school, because there is a problem with the school's security work!
As you said, the thieves are outside the school, so the responsibility should be the school, not only for security, but also for the dormitory teacher, but all in one place, that is the responsibility of the school!
Thank you, and I hope my advice can help you!
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These problems will be hx, the police to investigate, you have to file a case, like a student dormitory, ** a large amount, they are not a detective, which will affect their case-solving rate, so the landlord wants to open a point, we have lost a few in the building, and finally the school has to install cameras on each floor.
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Now all the evidence points to a stranger outside" - please bring the relevant evidence to the people's court with jurisdiction to file a private prosecution, what is a "private prosecution" go up and find it yourself, you are too common in this matter, the police uncles are not strange, and they don't feel it.
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The biggest suspicion is that the school may have been stolen by someone else, and this should be appealed to the police station, and if you don't help, you don't deserve to be a police officer.
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Legal basis: Article 238 of the Civil Code of the People's Republic of China Where a property right is infringed upon, causing damage to the right holder, the right holder may request compensation for damages in accordance with law, and may also request to bear other civil liabilities in accordance with law.
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This needs to look at responsibility.
Clause. 1. If the company's security system is sound, once it is lost, it should be the security system that compensates for its work mistakes.
Clause. Second, if there is no security system, it is borne by the boss.
Clause. 3. If there is no security system, the employee shall bear the corresponding responsibility if the employee fails to lock the door or other behaviors cause the loss.
In this case, it is necessary to understand the final reality in order to determine the responsibilities of all parties.
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Report the case first and see if you can recover it.
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Thieves, can't find the thief or can't find the computer, the company pays for it itself.
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Can I claim from her?
You can find her to claim compensation and keep it for you, and you have the obligation to ensure the security of the computer, and now that it is lost, of course, you have to compensate.
What percentage is the amount?
It depends on whether there is an agreement in advance, and if there is no agreement, the two parties can negotiate compensation and reach an agreement. If you can't reach an agreement, you can find a third party to mediate, or go to the court to settle the matter.
In general, compensation is based on the actual value of the computer, not the original price.
If you can't solve it privately, can you solve it in the court?
Litigation in court is the last resort for legal protection, and of course it will be accepted and resolved. It is not recommended that you take the path of litigation, it is better to negotiate, after all, they are friends.
Best wishes. Since it is for him to use, it will be treated as paid, and where can the downstairs be used for free?
Then go to the court to settle it, I believe you can get the support of the court, just buy it for three months, and you can get at least 3000 compensation.
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If you lose a computer, you won't go to court, right? Your relationship is good, there are fewer points, and if the relationship is poor, there are more points, it depends on you, and how long has you bought the computer, if you just bought it, you want him to ask for a 4000, and the rest is out by yourself, if you buy it for a long time, then let him make a 60-70% feel almost, (the above are your own ideas, just a reference).
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If you are a friend, you can pay 3000, it's good to be private.
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Since you have reached a contract of free borrowing, the other party has a small obligation, and if the other party can prove that it has fulfilled its duty of custody and is not at fault, it does not need to compensate you.
So you need to gather evidence of her miscustody based on "whether she took the same care as if she were your own affairs".
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According to the provisions of the Contract Law of the People's Republic of China, Article 374 provides that during the custody period, if the custodian causes damage or loss to the custodian due to the improper custody of the custodian, the custodian shall be liable for damages, but the custodian is free of charge, and the custodian shall not be liable for damages if he proves that he is not grossly negligent.
Depending on your situation, the first thing to do is to decide whether the custody is paid or unpaid. You say that she also uses your computer, so you can conclude that the storage is paid. Secondly, it is necessary to prove whether the custodian has fulfilled the obligation of safekeeping, whether it is because of her poor custody caused the loss of your computer, if so, she should compensate, the amount of compensation, according to the full price of the computer in the market corresponding to the standard, if the object has been used for many years, its full price should be the corresponding depreciation of the market**.
If the private negotiation fails, of course, it can be resolved through the courts.
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Yes, the nature of the computer you entrusted to a friend is the nature of a custody contract, and you can claim compensation. Full indemnity or indemnity for the computer. It's okay to sue the court, and besides, it's useless to say that this kind of friend will escape responsibility in case of trouble, just sue for full compensation, and then cut off!
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If you can claim compensation from him, it is recommended that you contact the local judicial mediation office directly to resolve it, and of course, it can also be resolved by the court, but the procedure is very troublesome.
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First of all, you can go to the local police station to report the criminal investigation, worth more than 2,000 yuan under the civil, the above is criminal, and the time of theft is within 24 hours, the criminal police must conduct the first time to conduct a scene investigation, if they do not do the above you can go to the court to sue the police station involved in the case or to the procuratorate to report and complain!
Second, the school surveillance screen cannot prove that someone is the perpetrator or other evidence, but can only be used as a suspect, and the police can only summon and question for more than 24 hours!
Third, if the school reminds in the management regulations or in a conspicuous position in the entrance ceremony and the apartment that valuables cannot be placed in the apartment, then the school is not very responsible, and it will be very difficult for the school to compensate. If there is no prompt, the school has some responsibility, but the compensation will not be too much!
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A's conduct does not constitute the crime of theft, but is suspected of the crime of embezzlement, and B is an accomplice to the crime of embezzlement.
The crime of embezzlement is a personal accusation, and the public security organs will not accept it.
You can file a private criminal prosecution directly in the local court where the school is located.
The school is not responsible.
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1: Reaching the amount of theft
2: This bag problem, through the inquiry, investigation. However, an arrest cannot be made, and an arrest can only be made after going through certain legal procedures, such as applying for an arrest warrant.
3: There is no need for responsibility, and the school must fulfill the obligation of safety protection 4: Rest assured, ** will file a case.
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1. If B pried it open, B's act should be theft. Since there is no evidence to prove that custodian A is responsible for this, the offence of misappropriation cannot be established. 2. It is not appropriate to employ compulsory measures of arrest in this case.
3. The school should not be held liable for the lack of clarity in the monitoring. Fourth, if the case is not filed, the civil case shall be filed on the grounds of custody of the contract.
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First, it is not possible to determine who is guilty without evidence.
Second, if it is proved that he stole it, he can be arrested by the police. But the evidence should be sufficient.
Third, the school should not be held responsible.
Fourth, when you report to the police, you should use theft as a reason and cannot specify who committed the crime. The Public Security Bureau should file a case.
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1. It is an act of duty for you to bring a laptop. You lost your computer and it was a work error. If the company suffers losses as a result, the company can pursue your civil liability.
2. If you want to say that your company is responsible, you need to provide evidence to prove that the company's system or practices are improper or improper.
3. Of course, there are circumstances that exclude your liability. For example, if you are robbed, the responsibility is not yours, and you should not compensate. But according to what you say, the situation does not match.
You yourself admit that you need to take responsibility, so why put the blame on the company?
As for the upstairs, it is said that the punishment before the people is not applicable to the above situation.
The key question is: whether you should be held responsible for the loss of your laptop in this matter.
It is advisable to negotiate with the company in good faith to minimize the responsibilities imposed on you.
Actually, there's a problem here that you haven't figured out. You think you bring a laptop and the company doesn't give you money, so you don't take responsibility for it, do you?
However, bringing a laptop is an act of duty, and its remuneration is already implicit in the other remuneration given to you by the company.
I'm sure you'll make a proper decision.
Also, the responsibility you bear should be commensurate with your fault, not more than your fault.
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Valuation after depreciation at market value,There's no way to do anything about the things in the book.。 But what repair point will actually lose the computer ......
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As long as your computer is licensed, as long as you have a serial number, you can be guaranteed (of course, within the warranty period),,The repair point is nonsense.。。。 Don't say that yours is not from the National Bank.,,Then there's no way.,You can only repair it by a third party or run to the Beijing Apple direct store to repair it.。。。
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