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Is it guilty to build a pontoon bridge privately?
What is the difference between the Public Security Administration Punishment Law on Bridge Repair and the crime of picking quarrels and provoking trouble?
Privately repairing bridges involves the relevant provisions of the Public Security Administration Punishment Law and the Criminal Procedure Law. According to the Public Security Administration Punishment Law, building bridges without permission is a violation of administrative regulations and may be subject to administrative penalties, such as fines and orders to stop work. According to the Criminal Procedure Law, if the act of building bridges privately constitutes a crime, such as the crime of picking quarrels and provoking trouble, the relevant personnel may face criminal prosecution and be sentenced to fixed-term imprisonment, suspended sentences and other punishments. The specific penalties depend on the specific circumstances of the case and the provisions of the law.
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What criminal prosecution may be faced if the act of building a bridge without permission constitutes a crime?
If the act of building a bridge without permission constitutes a crime, it may face different criminal prosecutions, depending on the nature and circumstances of the act. Generally speaking, building bridges without permission may involve the following criminal offenses: the crime of picking quarrels and provoking trouble, the crime of sabotaging production and operation, and the crime of intentional destruction of property. Under the Penal Code, these crimes may result in different penalties, including fixed-term imprisonment, detention, fines, etc. The specific criminal prosecution and punishment shall be determined according to the specific circumstances of the case and the provisions of the law.
How is the act of building bridges privately defined as the crime of picking quarrels and provoking trouble?
If the act of building a bridge without permission is recognized as the crime of picking quarrels and provoking trouble, the following conditions must be met.
Subjectively, the perpetrator has the subjective intention of deliberately picking quarrels and provoking trouble, that is, knowing that his behavior may cause disputes, conflicts or disrupt social order, he still deliberately repairs bridges.
Objectively, the perpetrator's bridge repair behavior has an obvious nature of picking quarrels and provoking trouble, that is, deliberately provoking and provoking others and disrupting social order through bridge repair.
In criminal proceedings, it is necessary to comprehensively consider the specific circumstances of the case, including the motive, method, and consequences of building the bridge, as to whether the crime of picking quarrels and provoking trouble is constituted. If the act of building the bridge without permission meets the above conditions and is found to be the crime of picking quarrels and provoking trouble, the corresponding punishment will be decided by the court in accordance with the law. Please note that specific criminal prosecutions and sentencing outcomes should be assessed and interpreted by legal professionals on a case-by-case basis.
There are four ways of conduct for the crime of picking quarrels and provoking troubles, including beating others at will, chasing, intercepting, insulting, intimidating others, forcibly demanding or arbitrarily destroying or occupying public or private property, and making trouble in public places, causing serious disorder in public places.
What are the criteria for bridge building to be recognized as the crime of picking quarrels and provoking trouble?
The criteria for the act of building a bridge without permission to be recognized as the crime of picking quarrels and provoking trouble mainly include two aspects, subjective and objective. In the subjective aspect, the perpetrator must have the subjective intention of deliberately picking quarrels and provoking trouble, that is, knowing that his behavior may cause disputes, conflicts or disturb social order, but still deliberately carry out bridge repair. In terms of objectivity, the perpetrator's bridge repair behavior must have an obvious nature of picking quarrels and provoking trouble, that is, deliberately provoking and provoking others and disrupting social order through bridge repair. Whether it constitutes the crime of picking quarrels and provoking trouble requires comprehensive judgment and assessment based on the specific circumstances of the case. If you need more detailed information, it is advisable to consult a legal professional.
First of all, at the subjective level, to establish the crime of picking quarrels and provoking trouble, there should be a motive for picking provocations, that is, the so-called doing nothing and taking advantage of the cause. According to the judicial interpretation, if the perpetrator seeks stimulation, vents his emotions, acts arbitrarily, etc., and has nothing to do, or the perpetrator commits the acts provided for in article 293 of the Criminal Law due to occasional contradictions and disputes in daily life, it shall be deemed to be "picking quarrels and provoking troubles". Some scholars have figured out that this crime is to combat hooligans. If there is no motive for picking provocations that do nothing and take advantage of the past, even civil disputes in daily life cannot be arbitrarily labeled as the crime of picking quarrels and provoking trouble.
Which rule is violated by building the bridge privately?
The unauthorized construction of the bridge violates the provisions of Article 22 of the Regulations of the People's Republic of China on the Management of Rivers. According to this article, the unauthorized construction of bridges is an unauthorized act of river management, which violates the regulations on river management. The government has the right to close bridges and impose corresponding penalties. The act of building the bridge privately is an illegal act and needs to be investigated for responsibility according to law. Please note that specific legal provisions may vary by region and circumstances, and it is recommended to consult relevant local laws and regulations or legal professionals for accurate information.
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Is building a bridge privately involved in a crime?
Privately building bridges is generally not considered a crime, but an offence. Whether a crime is involved needs to be judged according to local laws and regulations and specific circumstances. In some cases, if the act of building a bridge involves other criminal acts, such as illegal operation, extortion, etc., it may be recognized as a criminal act. However, in general, building bridges privately is more of a violation of relevant administrative regulations and needs to be handled and punished by relevant departments. It is advisable to consult a local legal professional for accurate information and advice.
Violating the law is not necessarily a crime, pedestrians running red lights, drivers driving speeding are in violation of the Traffic Safety Law, can be given warnings, fines and other administrative punishments, but must not be considered as long as the violation, it is a crime, so as to be recognized as a chase in the crime of picking quarrels and provoking trouble.
In addition, for people to build bridges privately, they can also go through supplementary procedures after the fact, rather than demolishing them altogether, especially when the construction of bridges can facilitate people's travel. Article 33 of the Administrative Punishment Law also stipulates: "Where the illegal conduct is minor and promptly corrected, and no harmful consequences are caused, administrative punishment shall not be given." Therefore, even if it is considered that the procedures for building the bridge privately are incomplete, as long as there are no harmful consequences, administrative punishment should not be carried out, let alone criminal responsibility."
Our Chinese culture "I Ching" has a saying: "The house of accumulation of goodness will have Yuqing", and the judiciary must not allow the house of accumulation of goodness to suffer the aftermath, otherwise it will deviate from the common feelings of people and the common sense of the world, and on the contrary, damage the authority of the judiciary itself.
According to the Wuhou Temple of Chengdu, there is a famous couplet, the upper link is "if you can attack the heart, the opposite side will disappear, from the ancient knowledge that the soldiers are not belligerent", the lower link is "if you do not judge the situation, it is wrong to be lenient and strict, and later rule Shu to think deeply".
I didn't expect to be discovered by netizens for details. Netizen: A total of 217 million yuan was invested to build 31 bridges with a total length of 2.9 kilometers. There are zero and whole, 31 bridges, an average of 93 meters each, 7 million each,
A good thing three winters are warm, the court ruled that June is cold!