Guide language: Recently, mr Wu encountered a thorny issue, his house did not receive the circumstance of any announcements to fall beforehand in him, by others forced releasing, what the article inside the house mars is very serious. Legal without the course technological process with respect to forced releasing building, cause resident loss serious, whether find out tear open change square criminal responsibility, sentence tear open change to just destroy property blame intentionally?
One, by forced releasing later, what step can the person that has building property take?
1, in receive formal expropriation decision, after collecting compensation to decide to wait for specific administration action, person be expropriationed or person of the change that be torn open can carry politics of start on a journey to reconsider inside 60 days, lawsuit of politics of start on a journey is mentioned inside 6 months. If encountered a house by the circumstance of forced releasing, thought of the to lodge a complaint inside 6 months that person of the change that be torn open wants to tear open that one day to rise in self-improvement fors the time being. The lawyer thinks person be expropriationed or person of the change that be torn open are in cannot with collect the circumstance that tears open change to just negotiate negotiate to fall, need what contact major as soon as possible to ask for tear open a lawyer, seek a solution to the lawyer. Do not visit through the letter, inform against lest miss litigant effectiveness for a given period of time,wait for means.
2, if lawful building by forced releasing, the litigant effectiveness for a given period of time of person of the change that be torn open is 6 months. After be being maintained to be violate the rules and regulations to build in the house, dissatisfactory to instructing deadline to demolish a decision, should rise 15 days that day in what receive this to demolish a decision inside, sue to people court.
2, after forced releasing be illegaled, can you find out the other side what responsibility?
1, administrative tort liability, what point to namely is person of the change that be torn open can violate forced releasing behavior mention to the country compensation.
2, administrative responsibility, can carry politics of start on a journey to reconsider to forced releasing behavior namely or administrative lawsuit. In the assessment of controller of relevant executive authority, will reflect the result of lawsuit of administration of administrative answer make peace.
3, the responsibility that violate discipline, point to person of the change that be torn open to be able to undertake informing against to upper body namely, ask upper body supervises the illegal action of inferior mechanism. Of course, person of the change that be torn open also can undertake complaining informing against to procuratorial work mechanism, mechanism of requirement procuratorial work investigates relevant responsibility person, investigate the duty violating discipline of relevant personnel.
4, if tear open change,square behavior is opposite man-made of the change that be torn open became severe loss, because tear open change behavior to cause the body of honest person of the change that be torn open,perhaps be harmed, so tear open change square relevant controller forms blame of blame of dereliction of duty, misuse of authority likely to harm a blame intentionally perhaps.
3, can be building of illegal forced releasing sentenced destroy property blame intentionally?
1, basis " criminal law of People's Republic of China " the 275th regulation, destroy property blame intentionally, it is to show intended destruction perhaps damages state-private property, amount perhaps has the action of other and serious clue greatly relatively. The principal part that destroys property blame intentionally is more extensive, it is general main body, should reach criminal responsibility age only and the natural person that has criminal responsibility capacity can be formed destroy property blame intentionally. Via lawyer understanding, the amount that destroys state-private property intentionally perhaps has other and serious plot greatly relatively, handle battle of 3 years of the following set term of imprisonments, arrest or fine; amount is huge perhaps have other and special serious plot, be in 3 years of above 7 years the following set term of imprisonment. The criminality in destroying property blame intentionally can be caused, because some is planted,be commonly actual state. The person that causes criminality may be the blow that stems from pair of property holder retaliation, or envious psychology or other and similar the mentality that has specific aim and manner, its crime purpose makes through destroying property everybody's belongings gets namely loss.
2, set according to this, the number that damages state-private property intentionally is larger or the clue is serious, ability makes crime. So, divisional and guilty with the bounds that does not have a blame, it is the amount that destroys state-private property intentionally or clue. Destroy state-private property intentionally, amount lesser, plot is smaller, attribute general illegal action, should according to " public security management sanctions a method " the 49th regulation processing: Because of theft, bilk, fool grab, loot, blackmail mars state-private property intentionally perhaps, be in 5 days of above 10 days to be detained below, can be in clue of; of 500 yuan of the following amerce more serious, be in 10 days of above 15 days to be detained below, can be in 1000 yuan of the following amerce.
3, " the clue is serious " , it is to show destruction or damage are serious commonly article, the; with more severe loss is destroyed or damage the; motive with the particularly harsh measure of state-private property is to stem from shift the misfortune onto others wait. The building also belongs to the property with lawful another person, if undertake forced releasing to the building of other, it is to be able to be suspected of forming what destroy property blame intentionally, can undertake deciding according to the amount that destroys property blame intentionally at this moment, if destroyed the amount of property intentionally to had exceeded 5000 yuan, OK put on record, tear open change at this moment square relevant controller assumes corresponding criminal responsibility with respect to need.
The lawyer hints you:Face the situation of illegal forced releasing, how does everybody do? Believe a lot of people are when the situation that encounters forced releasing, what can lose oneself is sensible, cannot make oneself legitimate rights and interests gets maintenance not only so, make oneself are immersed in more hard condition possibly still. Because a lot of character that collect the ground to tear open change project itself are lawful, everybody objects remove and cannot stopping the pace that tears open change, use so with tearing open method of change square opposed is otiose! Although forced releasing breaks the law, person of the change that be torn open also should use legal approach to safeguard the rights and interests of oneself, so final ability takes due to compensate.
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