My car was parked in front of someone else s door and smashed by the owner?

Suspected of intentional destruction of property. After the police file a case, they will take compulsory measures against the criminal suspect, evaluate the damage to the property involved in the case, and collect evidence. After the investigation is completed, it will be transferred to the procuratorate for public prosecution.

Legal analysisThe crime of intentional destruction of public or private property refers to the intentional destruction or damage of public or private property, where the circumstances are serious. A crime against property in Chinese criminal law. The object of this crime may be various forms of public or private property, including 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. For example, how to determine the crime of intentional destruction of property where the destruction of means of transportation, transportation equipment, flammable and explosive equipment, radio and television, telecommunications facilities, and so forth endanger public safety: (1) The boundary between this crime and non-crime:

In accordance with the provisions of this article, the intentional destruction of public or private property only constitutes a crime if the amount is relatively large or the circumstances are serious. Therefore, whether the amount is larger or the circumstances are serious is the boundary between crime and non-crime. Intentional destruction of public or private property, where the amount is small and the circumstances are relatively minor, is an ordinary illegal act, and shall be detained or warned, fined alone or concurrently, and ordered to compensate for losses in accordance with the relevant laws and regulations.

The so-called "serious circumstances" generally refer to the destruction or damage of important items, and the loss is serious; The means of destroying or damaging public or private property are particularly heinous; out of the motive of blaming others, etc. (2) The boundary between this crime and other crimes: The difference between this crime and crimes endangering public safety such as the crime of sabotage of means of transportation, the crime of sabotage of transportation equipment, the crime of sabotage of flammable and explosive equipment, and the crime of sabotaging communication equipment, as well as the crime of sabotaging production and operation in the crime of undermining the socialist economic order is:

The latter destroys specific property and infringes on other independent objects, and this Law has separately provided for a separate offence against them, and shall only be convicted and punished in accordance with the relevant provisions of this Law.

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.

You should call the police first;

Let the police solve the problem;

Damage to things to be compensated, your car parked in front of someone else's house, causing him inconvenience, but the other party cannot smash your car as a retaliation;

The policeman's argument is unreasonable, it was he who scraped his own car and should have repaired it himself. And he smashed your car is his intentional act, he should compensate you for the repair fee, you can collect evidence and go to the local court to sue the other party.

It is certainly unreasonable to do so. He can't get by, so he doesn't have to do with it. His car broke down, and it was caused by his operating error. So you don't have this responsibility to accompany all the losses. He smashed your car is a deliberate, act that you can sue in court.

Personally, I think it's quite reasonable.

If you park your car in front of someone else's house, you are taking up someone else's parking space, which is unjustifiable. If it weren't for this, other people's cars wouldn't have scratched them.

Of course, the other party smashing your car is also irrational, but it is understandable.

If you park your car in front of someone else's door, it's indeed your fault, but the other party smashed your car, and the same can't be done, if you call the police, the other party must pay money, and then your insurance will be responsible for repairs.

What kind of master is it? Was it smashed by the owner at the door of someone else's house? It's not okay, but you're parking too.

Legal analysis: If the amount involved is relatively large, it can be dealt with by the police. The crime of intentional destruction of property shall be criminally punished according to the amount and severity of the circumstances.

where the amount is relatively large or there are other serious circumstances, a sentence of up to three years imprisonment, short-term detention or a fine is to be given; 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.

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

If the car is parked and the door of someone is smashed, you can call the police first, and hand it over to the traffic police for responsibility determination. If there is no liability, compensation is claimed. The car was smashed:

1. Man-made smashing of the car 2, high-altitude throwing of objects and smashing of the car 3, improper management of public facilities by the property company, resulting in collapse and smashing of the car. 1. Artificially smashing the car (1) Handling method: call the police, and report to the insurance company within 48 hours, and wait for the insurance company to assess the damage.

2) There are three legal relationships involved: 1. The tort legal relationship is between the person who smashed the car. 2. The custody contract relationship is between the property company and the property company, but there is a certain amount of controversy, and the identification is not uniform in practice.

The question is asked artificially, and there is monitoring and witnessing.

Call the police as soon as possible, and then give the evidence to ** first, and then let that person give you a certain amount of compensation.

The other party did not admit it, he had called the police, and the police station had called the other party, but the other party did not admit that the car had smashed a hole, and it cost 500 yuan to repair it.

If you don't admit it, you can also let the police come to him, and then let the police take your evidence and let him see it and not admit guilt, and then it seems that he is going to go in and squat for 15 days.

The question is a neighbor again, can the police station judge like this?

I believe that further still need to ask the police.

I read it online before.

If the car is smashed at the door of someone else's house, the owner can negotiate with the other party first to solve the relevant compensation matters, and if the negotiation fails, you can call the police to deal with it.

Smashing a car is an illegal act of destroying another person's property, and if the amount is relatively small and less than 5,000 yuan, it does not constitute a crime, and it is absolutely necessary to give a public security punishment in accordance with the provisions of the "Public Security Administration Punishment Law".

Where the amount of damage to others' property is relatively large or there are other serious circumstances, it is to be convicted and punished as the crime of intentional destruction of property.

The specific analysis is as follows:

1. Damage to other people's property does not constitute a crime, and public security punishment shall be imposed in accordance with the provisions of the "Public Security Administration Punishment Law".

According to Article 49 of the "Public Security Administration Punishment Law", anyone who 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.

2. Intentional destruction of public or private property, suspected of any of the following circumstances, shall be filed for prosecution:

1) Causing losses of more than 5,000 yuan to public or private property;

2) Destroying public or private property three or more times;

3) Gathering three or more people to openly destroy public or private property;

4) Other situations where the circumstances are serious.

Sentencing for the crime of intentional destruction of property:

Where public or private property is intentionally destroyed, and the amount is relatively large or there are other serious circumstances, a sentence of up to three years imprisonment, short-term detention, or a fine is to be given; 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.

A relatively large amount refers to causing a loss of 5,000 yuan or more in public or private property.

Other serious circumstances refer to destroying public or private property three or more times, or gathering three or more persons to openly destroy public or private property.

Huge amount refers to causing a loss of 100,000 yuan or more in public or private property.

Particularly serious circumstances refer to the destruction of personal property, causing others to go insane; Destruction of production and operation equipment and facilities, resulting in suspension of production or suspension of operation, resulting in heavy losses; The means of destruction are extremely bad; Wait a minute.

Legal basis

Article 275 of the Criminal Law, who intentionally destroys public or private property, where the amount is relatively large or there are other serious circumstances, shall 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 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.

1. Can I claim compensation if the car is parked and smashed in front of someone's house?

1. If the car is smashed in front of someone's house, the specific claim method is as follows:

1) Check whether there is any car damage insurance;

2) Take photos for evidence, and be sure to protect the scene so that the car insurance company can investigate and collect evidence when investigating;

3) On-site investigation by the claims adjuster, the insurance company will conduct an on-site investigation and look for the responsible person;

4) In the case of finding the responsible person, communicate with the responsible party for the claim, and the car insurance company insured by the car owner will inform the responsible person of the cost of compensation according to the results of the damage assessment.

2. Legal basis: Article 1182 of the Civil Code of the People's Republic of China.

Where property losses are caused by infringement of the personal rights and interests of others, compensation shall be made in accordance with the losses suffered by the infringed party or the benefits obtained by the infringer as a result; Where it is difficult to determine the losses suffered by the infringed party and the benefits obtained by the infringer as a result, and the infringed party and the infringer disagree on the amount of compensation and file a lawsuit with the people's court, the people's court shall determine the amount of compensation based on the actual circumstances.

2. What are the criteria for determining illegal parking?

1. Failure to park in accordance with regulations affects the passage of other vehicles and pedestrians;

2. Failing to move the faulty vehicle to a place that does not obstruct traffic and park;

3. Temporary parking obstructs the passage of other vehicles and pedestrians;

4. Temporary parking or the driver's refusal to leave at the scene, obstructing the passage of other vehicles and pedestrians;

5. Parking in violation of the prohibition markings.

Where it is presumed that the actor is at fault in accordance with the provisions of law, and he cannot prove that he is not at fault, he shall bear tort liability.