The car was parked in front of someone else s house and was damaged by its owner, can I claim compen

Updated on society 2024-06-05
6 answers
  1. Anonymous users2024-02-11

    You can call the police to claim compensation, but this must require evidence to prove that it is indeed the fault of the other party, and if it is indeed the fault of the other party, you can prosecute for the crime of intentional damage to property.

    Legal analysisThe object of this offence is the ownership of public or private property. The targets of the crime may be various forms of public or private property, including the means of production and means of subsistence; Movable property, immovable property, etc. However, if the perpetrator intentionally destroys some specific property as otherwise provided for in this Law, endangering other subject elements, it shall be handled in accordance with the relevant provisions of this Law.

    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. "Destruction" refers to the use of methods such as incineration, smashing, etc., to completely lose the value or use value of an item; Damage refers to the partial loss of the value or use value of an article. There are many ways to destroy public and private property.

    However, if the perpetrator uses dangerous methods such as arson, flooding, poisoning, or ** to destroy public or private property, endangering public safety, it shall be punished as a relevant crime in the crime of endangering public safety. 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.

    Intentional destruction of public or private property, where the circumstances are relatively minor, is an ordinary violation of the administration of public security, and the subject of the crime is an ordinary subject. A person who has reached the age of 16 shall be held criminally responsible for this crime. 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. The motives for committing crimes are varied, usually motivated by personal revenge or jealousy.

    Except for the crimes of fire, negligent flooding, negligent destruction, and negligent destruction of means of transportation, transportation equipment, flammable and explosive equipment, radio and television, telecommunications facilities, etc., which are required to be investigated for criminal liability in accordance with the relevant provisions, negligent destruction of public or private property does not constitute a crime and is a civil compensation issue.

    Legal basisCriminal Law of the People's Republic of China: Article 275: 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.

  2. Anonymous users2024-02-10

    If the situation is true, of course, you can, first report to the police, and then according to the situation, litigate.

  3. Anonymous users2024-02-09

    OK! If it's intentional, you can also call the police!

  4. Anonymous users2024-02-08

    If you park your car in front of someone else's house, you will definitely be angry if you block it, and you don't have the quality to do it first.

  5. Anonymous users2024-02-07

    If you open it from the inside and you can't see it, you don't have to be responsible.

  6. Anonymous users2024-02-06

    Legal Analysis: Parking in someone else's door, being deliberately vandalized, if it is a legitimate parking space, then it is a crime of picking quarrels and provoking trouble.

    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 1167 Where the tortious act endangers the safety of the person or property of the person who is burning the goods, the infringed party has the right to request that the infringer bear tortious liability such as stopping the infringement, removing the obstruction, and eliminating the danger.

    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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