Is it illegal to splash paint, how to splash paint without breaking the law

1. Specific analysis of specific circumstances.

2. Generally look at how much loss is caused.

If red paint is splashed on an individual's home, causing property losses of more than 5,000 yuan, it can constitute the crime of intentional destruction of property. If it's just a splash of red paint on the wall, it generally doesn't constitute a crime.

If it interferes with the daily life of others in a public place such as a hallway, the person who splashed the paint may be required to remove the obstruction or compensate for the damage caused to the other person in accordance with the Tort Law or the Property Law.

Article 49 of the Law on Public Security Administration Penalties stipulates: ". .Those who intentionally damage public or private property 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. “

Article 275 of the Criminal Law stipulates: "Whoever intentionally destroys public or private property, where the amount is relatively large or there are other serious circumstances, shall be sentenced to fixed-term imprisonment of not more than three years, 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. “

Legal analysis: Generally speaking, it depends on how much damage is caused. If red paint is splashed on an individual's home, causing property losses of more than 5,000 yuan, it can constitute the crime of intentional destruction of property.

If it's just a splash of red paint on the wall, it generally doesn't constitute a crime. The "Public Security Administration Punishment Law" stipulates that anyone who intentionally destroys public or private property shall be detained for not less than 5 days but not more than 10 days, and may also be fined not more than 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.

Legal basis: Article 49 of the Law on Public Security Administration Punishments: 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.

Legal Analysis:

According to the specific analysis of the situation, if splashing paint on a person constitutes a slight injury or more, it is the crime of intentional injury. Splashing paint in public without causing harm may constitute an insult. If it is splashing paint on property, if the property is unusable and the amount is relatively large, it may constitute the crime of intentional destruction of property; If the circumstances are relatively minor, they may also be suspected of disrupting social order, and they may generally be subject to administrative detention.

Generally speaking, it depends on how much damage is caused. If red paint is splashed on an individual's home, causing property losses of more than 5,000 yuan, it can constitute the crime of intentional destruction of property. If it's just a splash of red paint on the wall, it generally doesn't constitute a crime.

The "Public Security Administration Punishment Law" stipulates that anyone who intentionally destroys public or private property shall be detained for not less than 5 days but not more than 10 days, and may also be fined not more than 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. Generally, there is no sentence, just detention. Specifically, it should be judged whether it meets the constitutive elements of the crime by looking at the motive and the harmful results.

Suspected of the crime of intentional destruction of property where the loss caused is relatively large or there are other serious circumstances. If the circumstances are minor and do not constitute a crime, they will be subject to administrative punishment, fines or administrative detention.

Legal basis: Civil Procedure Law of the People's Republic of China

Article 6: The people's courts exercise the power to adjudicate civil cases.

The people's courts are to independently adjudicate civil cases in accordance with the provisions of law, and are not to be interfered with by administrative organs, social groups, or individuals.

Article 119:Prosecution must meet the following requirements:

1) The plaintiff is a citizen, legal person, or other organization that has a direct interest in the case;

2) There is a clear defendant;

3) There are specific litigation claims, facts, and reasons;

4) It is within the scope of civil litigation accepted by the people's court and the jurisdiction of the people's court receiving the lawsuit.

Article 123: People's courts shall ensure that parties enjoy the right to sue in accordance with legal provisions. Prosecutions that comply with article 119 of this Law must be accepted. Where the requirements for initiating litigation are met, the case shall be filed within 7 days, and the parties shall be notified; where the requirements for initiating litigation are not met, a written ruling shall be made within 7 days and not accepted; Where the plaintiff is not satisfied with the ruling, he may file an appeal.

Derivative question: How much noise is disturbing?

The noise in the residential room should not exceed 50 decibels during the day and 45 decibels at night. Generally, when the noise is about 30 decibels, it will not affect normal life and rest, but when it reaches more than 50 decibels, it will be difficult to fall asleep.

China's current national standard is GB 3096-2008 and "Acoustic Environment Quality Standard", which stipulates the environmental noise limits and measurement methods of five types of acoustic environment functional areas, which are suitable for acoustic environment quality evaluation and management.

Generally speaking, it depends on how much damage is caused. If red paint is splashed on an individual's home, causing property losses of more than 5,000 yuan, it can constitute the crime of intentional destruction of property. If it's just a splash of red paint on the wall, it generally doesn't constitute a crime.

The Law on Administrative Penalties for Public Security Judgments stipulates that anyone who intentionally destroys public or private property shall be detained for not less than 5 days but not more than 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.

Legal basis: Article 49 of the "Public Security Administration Punishment Law" Theft, fraud, robbery, snatching, extortion, or intentional damage to public or private property shall be detained for not less than 5 days but not more than 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. Splashing paint without reason is an illegal act, and a warning or a fine of less than 200 yuan shall be imposed; where the circumstances are more serious, they are to be detained for between 5 and 10 days, and may be concurrently fined up to 500 RMB. II[Legal basis].: Article 23 of the "Public Security Administration Punishment Law" has any of the following acts, a warning or a fine of up to 200 yuan shall be imposed; where the circumstances are more serious, they are to be detained for between 5 and 10 days, and may be concurrently fined up to 500 RMB.

1) Disrupting the order of organs, groups, enterprises, or public institutions, causing work, production, business, medical treatment, teaching, or scientific research to be unable to proceed normally, and not causing serious losses; (2) Disrupting the order of stations, ports, docks, airports, shopping malls, parks, exhibition halls, or other public places; (3) Disrupting order on buses, trams, trains, ships, aircraft, or other means of public transportation; (4) Illegally intercepting or forcibly boarding or pickpocketing motor vehicles, ships, aircraft, or other means of transport, affecting the normal operation of the means of transport; (5) Disrupting the order of elections conducted in accordance with law. Where a crowd is assembled to carry out the conduct in the preceding paragraph, the ringleaders are to be detained for between 10 and 15 days, and may be concurrently fined up to 1,000 RMB. Article 24: Those who exhibit any of the following conduct, disrupting the order of large-scale mass activities such as culture and sports, are to be given a warning or a fine of up to 200 RMB; where the circumstances are serious, they are to be detained for between 5 and 10 days, and may be concurrently fined up to 500 RMB

1) Forcibly entering the venue; (2) Violating regulations by setting off fireworks or other items in the venue; (3) Displaying insulting slogans, banners, or other items; (4) Besieging referees, athletes, or other staff; (5) Throwing sundries into the venue and refusing to heed the stops; (6) Other conduct that disrupts the order of large-scale mass activities.

1. Splashing paint without reason is an illegal act, and a warning or a fine of less than 200 yuan shall be imposed; where the circumstances are more serious, they are to be detained for between 5 and 10 days, and may be concurrently fined up to 500 RMB.

II[Legal basis].

: Article 23 of the "Public Security Administration Punishment Law" has any of the following acts, a warning or a fine of up to 200 yuan shall be imposed; where the circumstances are more serious, they are to be detained for between 5 and 10 days, and may be concurrently fined up to 500 RMB.

1) Disrupting the order of organs, groups, enterprises, or public institutions, causing work, production, business, medical treatment, teaching, or scientific research to be unable to proceed normally, and not causing serious losses;

(2) Disrupting the order of stations, ports, docks, airports, shopping malls, parks, exhibition halls, or other public places;

(3) Disrupting order on buses, trams, trains, ships, aircraft, or other means of public transportation;

(4) Illegally intercepting or forcibly boarding or pickpocketing motor vehicles, ships, aircraft, or other means of transport, affecting the normal operation of the means of transport;

(5) Disrupting the order of elections conducted in accordance with law.

Where a crowd is assembled to carry out the conduct in the preceding paragraph, the ringleaders are to be detained for between 10 and 15 days, and may be concurrently fined up to 1,000 RMB.

Article 24: Those who exhibit any of the following conduct, disrupting the order of large-scale mass activities such as culture and sports, are to be given a warning or a fine of up to 200 RMB; where the circumstances are serious, they are to be detained for between 5 and 10 days, and may be concurrently fined up to 500 RMB

1) Forcibly entering the venue;

(2) Violating regulations by setting off fireworks or other items in the venue;

(3) Displaying insulting slogans, banners, or other items;

(4) Besieging referees, athletes, or other staff;

(5) Throwing sundries into the venue and refusing to heed the stops;

(6) Other conduct that disrupts the order of large-scale mass activities.

Legal analysis: If red paint is splashed on an individual's home, causing property losses of more than 5,000 yuan, it can constitute the crime of intentional destruction of property. If it's just a splash of red paint on the wall, it generally doesn't constitute a crime.

It is illegal to splash paint on someone's door. If there is a reason, such as someone owes money, defamation, etc., it can be resolved through different means, which is not appropriate. If the splash interferes with the daily life of another person in a public place such as a hallway, the person who splashed the paint may be required to remove the obstruction or pay compensation if the damage caused to the other person is required by the relevant law.

Legal basis: "Law of the People's Republic of China on Public Security Administration Punishments" Article 49: Anyone who steals, defrauds, robs, snatches, extorts, or intentionally damages public or private property is to be detained for not less than 5 days but not more than 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.

Criminal 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.

Legal Analysis:Splashing paint is picking quarrels and provoking trouble, and if the circumstances are not serious, it will not be based on the Criminal Law of the People's Republic of China.

Where criminal punishment is to be imposed, the public security organs shall follow the "Law of the People's Republic of China on Public Security Administration Punishments".

Public security administrative penalties shall be imposed. If red paint is splashed on an individual's home, causing property losses of more than 5,000 yuan, it can constitute the crime of intentional destruction of property.

If it's just a splash of red paint on the wall, it generally doesn't constitute a crime.

[Legal basis].Article 23 of the Law of the People's Republic of China on Public Security Administration Punishments Anyone who commits any of the following acts shall be given a warning or a fine of up to 200 yuan; where the circumstances are more serious, they are to be detained for between 5 and 10 days, and may be concurrently fined up to 500 RMB: (1) Disrupting the order of organs, groups, enterprises, or public institutions, causing work, production, business, medical treatment, teaching, or scientific research to be unable to proceed normally, and serious losses have not yet been caused; (2) Disrupting the order of stations, ports, docks, airports, shopping malls, parks, exhibition halls, or other public places; (3) Disrupting buses, trams, trains, ships, aircraft, or other means of public transportation.

on the order; (4) Illegally intercepting or forcibly boarding or pickpocketing motor vehicles, ships, aircraft, or other means of transport, affecting the normal operation of the means of transport; (5) Disrupting the order of elections conducted in accordance with law. Where a crowd is assembled to carry out the conduct in the preceding paragraph, the ringleaders are to be detained for between 10 and 15 days, and may be concurrently fined up to 1,000 RMB.