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If the circumstances are minor and the consequences are not serious, it is a civil tort. where the circumstances are serious and the consequences of the loss are serious, the crime of intentional destruction of property may be constituted. The constitutive elements of civil tort are mainly illegal acts, facts of damage, causal relationship, and fault.
The crime of intentional destruction of property refers to the intentional destruction or damage of public or private property, where the amount is relatively large or there are other serious circumstances.
Legal analysis
According to the relevanceLaws and Regulations
Those who do not cause serious consequences to others are civil torts, and those who cause serious consequences are guilty of intentional damage to property. The so-called illegality of an act in civil tort refers to the violation of the prohibitive or mandatory provisions of the law by the actor. The fact of damage includes damage to both public property and private property, as well as damage to non-property rights.
Causation in tort refers to the objective connection between the illegal act and the result of the damage, that is, whether the specific fact of damage is the inevitable result of the actor's act. Only when there is a causal relationship between the two can the actor bear the corresponding civil liability. The actor is subjectively at fault, and fault is a subjective factor in the constitutive elements of the tortious act, reflecting the actor's psychological state in committing the tortious act.
The object of the offence of intentional destruction of property 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 is relevantLaws and Regulations
If some specific property endangers other objects, it shall be in accordance with the relevant requirementsLaws and Regulations
Dispose. Legal basis
Civil Code of the People's Republic of China Article 1165: Where the actor infringes upon the civil rights and interests of others due to fault and causes harm, he shall bear tort liability. 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.
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.
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Legal analysis: Intentional spray painting is an illegal act and violates the Public Security Administration Punishment Law.
Legal basis: "Public Security Administration Punishment Law of the People's Republic of China" Article 42: Those who write threatening letters or otherwise threaten the personal safety of others are to be detained for up to 5 days or fined up to 500 RMB; 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.
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The insolvency representative is entitled to remuneration accordingly. According to the relevant provisions, the people's court shall determine the remuneration of the administrator in segments within the following proportional limits based on the total value of the property finally repaid by the debtor:
1.where it does not exceed 1 million yuan (including this number, the same below), it is to be determined below 12%;
2.the part exceeding 1 million yuan to 5 million yuan shall be determined below 10%;
3.The portion exceeding 5 million yuan to 10 million yuan shall be determined below 8%.
Legal basisArticle 1 of the Provisions of the Supreme People's Court on Determining the Remuneration of Administrators in the Trial of Enterprise Bankruptcy Cases.
The administrator shall perform the duties stipulated in Article 25 of the Enterprise Bankruptcy Law and shall have the right to receive corresponding remuneration.
Article 2 of the Provisions of the Supreme People's Court on Determining the Remuneration of Managers in the Trial of Enterprise Bankruptcy Cases.
The people's court shall, based on the total value of the property finally repaid by the debtor, determine the remuneration of the administrator in segments within the following proportional limits:
1) Where it does not exceed 1,000,000 RMB (including this number, the same below), it is to be determined at less than 12%;
2) The portion exceeding Sun Sou's 1,000,000,000 yuan shall be determined below 10%;
3) The portion exceeding 5,000,000,000 to 10,000,000 RMB is to be determined at less than 8%;
4) The portion exceeding 10 million to 50 million yuan is to be determined below 6%.
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"Law of the People's Republic of China on Public Security Administration Punishments": If it disrupts public order, obstructs public safety, infringes on personal rights and property rights, obstructs social management, and is harmful to society, and constitutes a crime in accordance with the provisions of the Criminal Law of the People's Republic of China, criminal responsibility shall be investigated in accordance with law; where it is not sufficient for criminal punishment, the public security organs are to give public security administrative punishments in accordance with the "Law of the People's Republic of China on Public Security Administration Punishments".
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Civil cases that fall under the property category. It's mainly a matter of money.
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