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Throwing objects from high altitudes is a dangerous behavior that can pose a serious threat to people's lives and property safety. If your neighbor has a problem throwing objects from high altitudes, you can consider the following methods to stop this behavior:
Communication and reminders: First, you can have friendly communication with your neighbors to remind them of the dangers and possible consequences of throwing objects from high altitudes. Sometimes, neighbors may not be aware that their actions are causing distress and danger to others, so reminding them may be effective.
Report to property management or owners' committee: If communication isn't effective or neighbors don't change behavior, you can report the issue to property management or owners' committee. They may take appropriate action, such as issuing a warning letter, a fine, or taking other necessary actions to resolve the issue.
Alarm: If the act of throwing objects from a height causes a serious threat or injury, you should call the police immediately. This is a violation of the law and can be dealt with and appropriate legal measures can be taken.
Install surveillance cameras: You may consider installing surveillance cameras in your residence so that you can record the occurrence of high-altitude projectiles. Such evidence can be provided to the relevant authorities or ** when required to support your complaint and report.
Remember to remain calm and rational when dealing with these kinds of issues, and try to resolve them through legal means. Friendly communication and cooperation with neighbors is the preferred method of problem solving.
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1. First of all, it is illegal for the upstairs residents to throw garbage downstairs, which is a high-altitude throwing object, and the Supreme People's Court issued the "Opinions on the Proper Trial of High-altitude Throwing and Falling Objects Cases in accordance with the Law", and the "Opinions" put forward specific measures for the effective prevention and punishment of high-altitude throwing and falling objects, which clearly stipulates that high-altitude throwing objects can be punished as intentional homicide at most. "Where items are intentionally thrown from a height, and have not yet caused serious consequences, but are sufficient to endanger public safety, they are to be convicted and punished in accordance with the crime of endangering public safety by dangerous means as provided for in article 114 of the Criminal Law; Where serious injury or death is caused, or major losses are caused to public or private property, punishment is to be given in accordance with the provisions of paragraph 1 of Criminal Law article 115.
Where the conduct described above is carried out for the purpose of injuring or killing specific persons, it is to be convicted and punished in accordance with the crimes of intentional injury or intentional homicide. "Severely punish the crime of throwing objects from high altitudes in accordance with the law. In any of the following circumstances, a heavier punishment shall be given, and a suspended sentence must not be applied
1) Implemented multiple times; (2) where the implementation continues after being dissuaded; (3) Where it is carried out after receiving a criminal punishment or administrative punishment; (4) Implemented in crowded places; (5) Other circumstances where the circumstances are serious. "There are three main categories of high-altitude and falling objects: building exterior wall attachments, billboards, etc., which suddenly fall and injure pedestrians.
High-rise residents discarded their belongings, causing injuries to pedestrians downstairs, balcony flower pots, window glass, etc., falling and injuring others.
2. In the face of the upstairs residents throwing garbage downstairs, the downstairs residents can contact the property and let the property deal with it.
As for the downstairs residents pouring stinky tofu into the elevator, it is also a very wrong practice, because the elevator is a public passage for everyone to enter and exit, and it is a confined space. Why don't the residents downstairs want to solve the problem, but solve the problem with a one-to-one report method, which will only make things more and more complicated. Littering has not been disposed of, and it pollutes the elevator room, these two kinds of people are very unqualified people, just thinking about their own gains and losses, not considering the feelings of others, and making people understand, how to understand?
3. Everyone is a neighbor living in a building, upstairs and downstairs, what is there to get by, why do you have to throw garbage downstairs, not to mention the sanitation and mess, it is easy to hurt people. Downstairs poured stinky tofu into the elevator, polluting the elevator space, and making people understand, how can everyone understand? The people in this unit of this building are really unlucky, how can they meet such two strange residents with poor quality, it is really rare.
It is not easy for everyone to live in a unit, and it is the minimum responsibility of a citizen to live in harmony with each other, jointly maintain the health and safety of the public space, and take care of the facilities of the public space.
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Lawyer analysis. Upstairs high-altitude throwing disposal: the infringer shall bear the tort liability in accordance with the law; Where it is difficult to determine the specific infringer after investigation, the user of the building who may have caused the harm shall compensate unless it can be proved that he is not the infringer.
The user of the building who may have caused the harm has the right to recover compensation from the infringer after compensation. If a property management enterprise or other building manager fails to take necessary security measures, it shall bear tort liability for failing to perform its security obligations in accordance with law.
Legal basis. Article 1254 of the Civil Code prohibits throwing objects from buildings. Where objects thrown from a building or objects falling from a building cause damage to others, the infringer shall bear tort liability in accordance with law; Where it is difficult to determine the specific infringer after investigation, the user of the building who may have caused the harm shall compensate unless it can be proved that he is not the infringer.
The user of the building who may have caused the harm has the right to recover compensation from the infringer after compensation. Property management enterprises and other building managers shall take necessary security measures to prevent the occurrence of the circumstances provided for in the preceding paragraph; Where necessary security measures are not employed, tort liability for failure to perform security obligations shall be borne in accordance with law.
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In a small home, a building, a community, or a city, the garbage thrown from high altitudes affects the environment, and other items thrown at it can even endanger people's property and lives. From the perspective of legal norms, the perpetrator can only be punished by law when substantial property damage or personal injury occurs, which is obviously a kind of after-the-fact relief. It is still up to the city's managers to come up with some other ways to regulate and rectify such incidents.
This involves the power of the property company, which will not be discussed here, if a property company is well managed, this phenomenon of high-altitude throwing will be much less, but the property company is not omnipotent, and the managers of the street and the city need to work together. When encountered, we can't bear it, turn a blind eye, so that we can only encourage the people who throw objects in the air and damage the common interests of everyone. To solve the problem of high-altitude throwing objects, the most important thing is to rely on self-restraint, strengthen publicity, and remind residents to pay attention.
1.Take photos for evidence and contact the property. Looking for the householder who locks up the garbage, the general property will still take action, which is the most direct and effective way; At present, I have contacted the property, and the property has also said that it has been locked which one was thrown away, and I pray that it will have a good effect.
2.If the property can't solve the problem, contact the street, call the police, post a big-character poster, and expose him.
It is really bad to meet such a person without quality, I will not compromise, I will definitely fight to the end, but I can't easily offend people, dogs bite us, we can't bite back, we can't offend villains, remember. It's a time to solve problems and test your wits and emotions.
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1. What are the safety measures for preventing falling objects from high altitudes in the community?
1. Prevention of non-man-made falling objects.
1) Carry out the investigation and rectification of potential safety hazards of building attachments. Regularly organize engineering and technical personnel to conduct door-to-door inspections of outdoor attachments such as public places and public facilities and equipment, windows and glass, outdoor billboards and air-conditioning hosts in residential areas, and if potential safety hazards are found, they should be immediately rectified and registered.
2) During the typhoon, inform residents to close doors and windows, remove flower pots by the balcony, and prevent falling objects.
3) Record and register the work done by the property management service company for falling objects from high altitudes as evidence of the work of the property management service company.
2. Countermeasures to prevent man-made high-altitude throwing.
1) Strengthen publicity efforts (including requirements and reward and punishment measures), post or column or distribute or sign a letter of responsibility door-to-door.
2) Set up garbage cans at each staircase.
3) Monitoring facilities can also be installed.
4) You can also carry out some "Love My Home" activities and highlight the theme of "Cleaning Depends on Everyone" to guide you.
2. What should I do with the property after the occurrence of a falling object?
1. Handling of no accident loss.
The property company should find the perpetrator as soon as possible, point out the harm caused by the accident, and the public security punishment it may face, and advise it not to commit it again. For those who have thrown objects from high altitudes, supervision should be strengthened during daily security patrols. If no one witnesses the perpetrator, the falling objects should be removed in time, and the security guards should conduct inquiries and investigations among the residents of the relevant floors where the perpetrators may occur, and at the same time publicize the hazards of high-altitude throwing objects and the possible public security penalties, showing that the property management is concerned about this matter.
2. Handling of accidents in the event of losses.
If the property and personal safety of residents in the community are damaged due to high-altitude throwing, the property management company shall cooperate with relevant departments to collect evidence and find the perpetrator in a timely manner. Property service companies can avoid such related risks and reduce economic losses by purchasing public liability insurance in full and in a timely manner.
Article 1253 of the Civil Code [Liability for damage caused by the falling off or falling of buildings, structures or other facilities and their shelves and hanging objects] Where a building, structure or other facility and its shelving or hanging objects fall off or fall and cause damage to others, and the owner, manager or user cannot prove that he is not at fault, he shall bear tort liability. After the owner, manager or user makes compensation, if there are other responsible persons, they have the right to recover from the other responsible persons.
To sum up, now there are more and more high-rise communities, as a property management party, we must assume our own responsibilities, prevent the occurrence of high-altitude falling objects through various means, and regularly educate and publicize the work, so that the majority of owners are fully aware of the hazards of high-altitude falling objects. In the event of a safety accident, the property management company will assist in handling it as soon as possible, and those who should be held responsible must actively compensate the injured.
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The upstairs neighbor throws objects from high altitudes, and in order to effectively stop this uncivilized behavior, I think the following should be done:
1. Crack down hard and punish severely. On the premise that the evidence is conclusive, they should be punished criminally and financially, prosecuted for intentional injury or intentional homicide, fined and compensated, and made them feel deep pain and endless regret. All high-rise housing under their names is subject to compulsory auction, and they are only allowed to purchase houses with less than three floors in this lifetime.
2. Heavy rewards for reporting. Those who provide conclusive evidence are to be rewarded heavily, and the informant is to be kept confidential. This bonus is either borne directly by the person who threw the object or added to the fine.
There must be brave men under heavy rewards, and the enthusiasm of the public to actively participate in the report will be stimulated, so as to avoid the phenomenon of indifference that has nothing to do with themselves.
3. Installation monitoring. This is a helpless solution, who makes it difficult to collect evidence from high-altitude projectiles? But then again, surveillance is a great thing and the most direct and effective way to get hard evidence.
If you really use legal means to resolve disputes, then monitoring is the most direct and effective evidence, which can increase the weight of your own victory!
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Touching something downstairs is not considered a high-altitude throwing object, as long as it causes damage, it will be compensated, so the result is the same. If it doesn't hurt, just pay attention next time.
The phenomenon of high-altitude projectiles was once called "the pain hanging over the city". It used to be ranked second along with "littering". Throwing objects from high altitudes is an uncivilized behavior, and it will bring great social harm.
The incident of throwing bricks and stoning babies to death has aroused widespread concern in the society after being reported. While people are choked by the premature departure of the 100-day-old baby from this world and the grief of the parents, a social issue about the threat of "overhead safety" from high-altitude objects in the city has once again aroused heated discussions.
In November 2019, the Supreme People's Court issued the Opinions on the Proper Trial of Cases of Objects Thrown from High Altitude and Falling Objects in Accordance with Law, clarifying that those who intentionally throw objects from high altitudes will be punished according to the crime of endangering public safety by dangerous means, intentional injury or intentional homicide according to the specific circumstances, and at the same time clarifying the liability of property service enterprises. In February 2021, the Supplementary Provisions of the Supreme People's Court and the Supreme People's Procuratorate on Enforcement and Determination of Charges (VII) stipulated the crime of throwing objects from high altitudes.
Leftovers and water: Mr. Xiao, the manager of "Huili Property" in Guangzhou, told in an interview with "Guangzhou**" that the owner of a household on the fourth floor of a building in Shunjing Yayuan has been suffering from high-altitude throwing objects for several years. The owner of this household is surnamed Wang, because the balcony of the home is slightly more prominent than that on other floors, and he is often "greeted" by some leftovers and water.
There are 9 owners directly above the Wang family, and none of them admit it. "But leftovers and dirty water have not disappeared after the investigation. Mr. Xiao said that for property management, they can only fulfill their obligation to advise, and have no right to punish.
Sanitary napkins: Also in Shunjing Nga Yuan, a property management officer said that during his inspection, he found a "foreign object falling from the sky", and "pop", which turned out to be a sanitary napkin at his feet. Iron pliers and others:
On April 1, 2009, an iron tong fell from the sky and smashed a car on the side of the road in the second phase of Jinbi Garden. The incident caused a heated discussion in the community forum, calling it an "April Fool's Day horror joke".
Ocean netizen 633438 said that he was once thrown in the head by a bag of garbage, and he couldn't find the perpetrator, "so he could only cry in his heart." Another netizen told about the "tragic situation" of being spit out on the top of his head. Some netizens described themselves as escaping the attack of flower pots, saying "you should pick up a life".
Some netizens said that they were almost hit by a spatula, "I'm still scared when I think about it now."
High-altitude projectiles. The phenomenon was once called "the pain hanging over the city". In Shanghai's "bad habits ranking", it ranks second along with "littering". >>>More
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Evidence collection of falling objects from high altitudes is to obtain peripheral surveillance** or witness testimony to confirm the infringer. Through these effective methods of evidence collection, it is best to identify the direct infringer. If the infringer cannot be identified, the infringed party can list all the residents of the falling object as the infringer, and then the defendant can provide evidence to prove that he is not the infringer. >>>More
If you can talk to the neighborhood committee and the other party once, but if the negotiation fails, you can appeal to the court, and the neighborhood will pay attention to the neighbors, and the property right unit of the house will repair the sound insulation of the house.