Someone deliberately threw garbage in front of my house, is it illegal?

According to the provisions of the current criminal law, a person who intentionally discards poisonous, radioactive, infectious disease pathogens and other substances in a public place and endangers public safety may be guilty of the crime of disseminating dangerous substances. For example, there is a danger of someone disposing of a small animal that has been infected with an infectious disease or has died of poisoning in a public garbage bin.

With regard to solid waste, unlike the United States, which adopts the regulation method of subsidiary criminal law, China has made it clear through the criminal code that specific crimes are set up, that is, Article 339 of the Criminal Law sets up the crimes of illegal disposal of imported solid waste, unauthorized import of solid waste, and smuggling of solid waste.

Another harm of throwing away garbage is the pollution of nature. Article 338 of China's Criminal Law stipulates the crime of polluting the environment, and severely punishes those who discharge, dump or dispose of radioactive wastes, wastes containing infectious disease sources, toxic substances or other harmful substances in violation of state regulations, and seriously pollute the environment. Human beings are an inseparable part of nature, and lucid waters and lush mountains are invaluable resources and precious resources.

However, there are always people who have no scruples about unleashing their greedy nature, taking from nature without restraint, and destroying it with all their might for personal gain.

Picking up garbage in public places shows a person's national literacy, and discarding garbage is no longer a simple matter of literacy and morality, but may become a criminal law issue. Don't litter. Otherwise, you may be subject to legal liability.

If it is a tortious act, the perpetrator may be required to bear tort liability.

Legal analysis: If someone deliberately throws garbage at the door of the house, it is recommended to negotiate and solve it first, and if the negotiation fails, you can call the police to deal with it. If it is not corrected multiple times, it is an illegal act, and it is picking quarrels and provoking trouble, and it is to be detained for between 5 and 10 days, and a fine of up to 500 yuan may be imposed concurrently; 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.

Legal basis: Article 26 of the "Public Security Administration Punishment Law of the People's Republic of China" Anyone who commits any of the following acts shall be detained for between 5 and 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: (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.

Legal Analysis: If it is an illegal act, the public security organ shall impose an administrative penalty in accordance with the Public Security Administration Punishment Law. Detention of between 5 and 10 days is given, and a fine of up to 500 RMB may be given; 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.

Legal basis: Article 26 of the "Public Security Administration Punishment Law of the People's Republic of China" Anyone who commits any of the following acts shall be detained for between 5 and 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: (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.

Legal analysis: whether it is a crime to deliberately dump garbage at the door of a neighbor depends on the type of garbage, if it is ordinary domestic garbage, it does not constitute a crime, if it is garbage that causes garbage pollution, it may constitute a crime. Whoever violates state regulations by discharging, dumping, or disposing of radioactive wastes, wastes containing infectious disease pathogens, toxic substances, or other harmful substances, seriously polluting the environment, is to be sentenced to up to three years imprisonment or short-term detention and/or a fine; where the circumstances are serious, the sentence is between three and seven years imprisonment and a concurrent fine.

Legal basis: Article 338 of the Criminal Law of the People's Republic of China Whoever discharges, dumps or disposes of radioactive wastes, wastes containing infectious disease pathogens, toxic substances or other harmful substances in violation of state regulations, and seriously pollutes the environment, is to be sentenced to up to three years imprisonment or short-term detention and/or a fine; where the circumstances are serious, the sentence is between three and seven years imprisonment and a concurrent fine. In any of the following circumstances, a sentence of 7 or more years imprisonment and a concurrent fine is to be given: (1) discharging, dumping, or disposing of radioactive wastes, wastes containing infectious disease pathogens, or toxic substances in key protected areas designated in accordance with law, such as drinking water source protection zones or core conservation areas of nature reserves, where the circumstances are especially serious; (2) Discharging, dumping, or disposing of radioactive wastes, wastes containing infectious disease pathogens, or toxic substances into the waters of important rivers or lakes designated by the State, where the circumstances are especially serious; (3) Causing a large amount of permanent basic farmland to lose its basic functions or suffer permanent damage; (4) Causing serious injury or illness to multiple people, or causing serious disability or death.

Where conduct in the preceding paragraph simultaneously constitutes another crime, follow the provisions for the heavier punishment at trial and sentencing.

It is illegal for someone to deliberately throw garbage in front of my house, and it can be dealt with in the following ways: let the property dispose of it, or let the village committee or neighborhood committee mediate. **Alarm, request** processing.

Where a lawsuit is filed in court and an obstruction or loss is caused to the adjacent party, the infringement shall be stopped, the obstruction removed, and the losses compensated.

Legal analysis

You can negotiate first. When the negotiation fails, the dispute over the neighbor's garbage can be dealt with through mediation, which can often better solve the problem. But this involves a problem, that is, to confirm in advance that the garbage in front of the house is thrown by others, not just guessing, at least you or someone has seen others throw garbage in front of your door, otherwise, you may be beaten by the other party.

You can also call the police, this kind of thing, ** may not be accepted, but no matter what the police say, you should insist that the police go to the police to deal with it, and if you don't go to the police, you can complain, which is conducive to letting others stop throwing garbage. There is the same problem here, that is, the evidence proves that others throw garbage in front of their doors, such as audio and video recordings, witness testimony, etc., otherwise they cannot be dealt with even if they are present, and others throw garbage at their own door, which seriously violates their own rights and interests, neighboring rights, you can collect evidence and materials, and pursue liability and compensation through court proceedings. In accordance with the relevantLaws and Regulations

It stipulates that the adjacent parties to the immovable property shall, in accordance with the spirit of conducive to production, convenient life, solidarity and mutual assistance, fairness and reasonableness, correctly handle the adjacent relationship in terms of water interception, drainage, passage, ventilation, lighting, etc.

Legal basis

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.

Article 1: This Law is drafted so as to preserve public security order, ensure public safety, protect the lawful rights and interests of citizens, legal persons, and other organizations, and regulate and ensure that public security organs and their people's police perform their public security administration duties in accordance with law.