Dispatch of village of jujube of Shandong business newspaper August the middle ten days of a month, live in sanded channel of Xue the city zone to press down gentleman of a surname of the village that follow a river to sign up for jujube Zhuangxin to hear a hot line to mirror to Shandong business, china is mobile " iron tower " agree without the family member, do sth without authorization is rushed into civilian curtilage, will " iron tower " hammer of power supply cable is in living room edge and building top, go up curtilage in adjacent dweller frame remove a 30 meters or so tall iron tower. Be in building attaint more not only, cable returns problem of existence leakage of electricity, and around villager also worries about electromagnetism radiate problem, current, company of bank of Chinese mobile jujube did not make openly return to this matter.
The village " iron tower " origin
20 years ago or so, predecessor follows river village secretary oneself civilian hire communication firm curtilage, next construction company is in this civilian curtilage will " iron tower " unpluggingly and case.
Civilian be damaged curtilage housetop cable leakage of electricity
The reporter is interviewed on the spot be informed, because family of a surname gentleman is long-term outer job, did not live in the home all the time, recently, parents of a surname gentleman is emeritus return old home, the door edge that discovers house, advocate of house east side, advocate edge of the room after the house of house all has cable to cross, cable bearings craze of body of wall of part much part; The building carries boreal side on the head to have much root cable; In monsoon when, the cable that the building carries on the head returns leakage of electricity actually, and report of mother of a surname gentleman.
Mirror with all possible means all do not have if really
After discovering this matter, family of a surname gentleman is active reflect this problem to the village, it is the safe problem that found predecessor secretary to reflect presence first, predecessor secretary is not paid attention to without exception to this matter.
Found the village that follow a river to currently hold the post ofa secretary to reflect a problem in morrow again, currently held the post ofa secretary to give construction the company problem feedback.
Construction company comes to the spot, below the circumstance that does not have any views and reply, want direct cable new construction searchs bearing bit of installation, family of a surname gentleman did not agree.
Attention was caused on the network after, each just are expedited the staff member takes a picture on the spot and make an on-the-spot investigation, all did not get any reply results.
Group staff cuts cable secretly
On August 25, doing any negotiation below the circumstance, some company sends a staff member to cut cable in pole secretly unexpectedly, after be being discovered by family of a surname gentleman, did not show the capacity, run directly.
" regulation of telecommunication of People's Republic of China " the 4th chapter sets the 47th times: Operator of fundamental telecommunication business can be added on civil building hang telegraphic circuitry to perhaps install small-sized antenna, mobile base the public and telegraphic establishment such as the station, but ought to inform a building of property right to the person perhaps uses a person beforehand, and to the property right person of this building other perhaps obligee pays use fee.
At the same time " constitution " thirtieth 9 regulation, the residence of citizen of People's Republic of China does not suffer encroach. Prohibit ransacking illegally the residence of citizen of illegal perhaps enroach on. Namely a of burgher house is a citizen inviolably basic right, the right such as dignity of the person freedom with the citizen, character is euqally coequal and important, get legal protection likewise.
Be based on this, our country " criminal law " stipulated " invades residential blame illegally " , make this crime, handle 3 years of the following set term of imprisonments or arrest battle. Misuse of authority of judicatory staff member makes this crime from heavy punishment. Invade other house illegally, still insufficient criminal punishs, according to " public security management sanctions a method " the 40th (3) the regulation gives punishment.
The 40th has one of following action, be in 10 days of above 15 days to be detained below, be in 500 yuan of above 1000 yuan of the following amerce; The plot is smaller, be in 5 days of above 10 days to be detained below, be in 200 yuan of above 500 yuan of the following amerce:
(3) illegal limitation invades other residence other person freedom, illegally to ransack illegally perhaps of other body.
In judicatory practice, divisional " illicit is entered civilian curtilage " blame and the key that are not a blame, main from behavior person subjective go up intended, go up objectively dispute violates residential host apiration to invade forcibly reach subjective motive (be like: Provoke affray) with the society the respect such as harm sex gives maintain.
