The judge's assistant was interviewed by reporters
"With the rapid growth of car ownership, the problem of parking difficulties has been further highlighted. In the past two years, the court has tried many civil and even criminal cases caused by parking disputes, which are worth pondering. Liu Mengjun, assistant judge of the First Civil Division of the Tinghu Court, said in an interview with reporters, "Take the recent civil compensation case, which is very illustrative." ”
Zhou Yi (pseudonym), who lives in a community in Tinghu District, purchased a car garage in the community for the convenience of parking. However, Fang Hao (pseudonym), who lives in the same building, often parks his car in front of Zhou Yi's garage at will in order to covet convenience, causing Zhou Yi to be careful whenever he drives out of the garage, and sometimes even blocked in the garage and cannot come out. To this end, Zhou Yi consulted with Fang Hao many times and asked him not to park the car in front of the garage, but with little effect.
One night, Fang Hao parked his car again in front of Zhou Yijia's garage. After Zhou Yi saw it, he recalled his previous unpleasant experience, and suddenly became angry from his heart, so he kicked Fang Hao's car with his foot, causing damage to the front fenders on the left side of the vehicle and under the front bumper license plate. The next day, Fang Hao found that the vehicle was damaged and called the police to the public security organ for help. Later, the public security organs imposed a penalty of two days of administrative detention on Zhou Yi in accordance with the law, and according to the price determination decision issued by the price department, zhou Yi was required to compensate Fang Hao for the loss of the vehicle for a total of 538 yuan.
However, Fang Hao took out the invoice for repairing the car at the auto repair shop, believing that Zhou Yi should compensate according to the 1100 yuan stated on the invoice. Because the two parties could not reach an agreement on the amount of compensation, Fang Hao filed a complaint against Zhou Yi to the court.
The focus of the case is on how much money Zhou Yi should compensate Fang Hao.
The plaintiff, Fang Hao, demanded that Zhou Yi compensate zhou yi in accordance with the amount of 1100 yuan, and Zhou Yi believed that the time of the dispute between the two parties and the invoice issued by Fang Hao were 3 months apart, and Fang Hao had no evidence to prove that the maintenance costs of 1100 yuan were caused by Zhou Yi's damage to his vehicle.
Liu Mengjun said that China's laws stipulate that if the property of others is infringed, the property loss is calculated according to the market price or other methods at the time of the loss. After the dispute arose, the receiving police station entrusted the price department to evaluate the front bumper grille (middle) and other items of the damaged vehicle, and issued a price determination decision letter in the same month: the retail price and loss price of the Price Determination Target in the Yancheng Market on the basis date of the price determination were a total of 538 yuan. Accordingly, the court ordered Zhou Yi to compensate Fang Hao 538 yuan in accordance with the law.
【Ji dialect French】
French, No. 10
This case is not complicated, but the social issues involved are still worth thinking about.
The road for vehicles to enter and exit the community is blocked, and the parking space is occupied by others... This kind of "infringement" has been encountered by many people. Say hello to the other party, meet the reasonable, the other party may also apologize; when encountering a bar spirit, not only can not solve the problem, maybe the heart will rise up a nameless fire.
Note: Be calm at this point!
The law stipulates that intentional damage to public or private property, resulting in losses of public or private property of more than 5,000 yuan, and damage to public and private property more than 3 times, can be criminally prosecuted. Zhou Yi in this case seems to be relieved, not only let himself lose money, but also detained for two days, which is really not worth it.
Moderate tolerance can eliminate some contradictions. The premise is that the other party is a reasonable person, at least not an extremely selfish person. Everyone deals with "contradictions" with the mentality of understanding and gratitude, and the effect will not be bad. But what if the other party ignores the interests of others, is extremely selfish, and lacks social morality that is immune to various truths?
Crowd rule! Property management parties have strengthened the management of vehicles in the community; public security organs have increased the handling of such disputes, avoided and diluted mud, and intensified the crackdown on some people who have repeatedly taught and not changed.
Of course, the root of the parking difficulty is the serious shortage of parking spaces, "standardized parking, it is not easy to say that I love you!" "It is the voice of many private car owners. Therefore, the ultimate foothold of Qunzhi also lies in the construction and management of parking spaces.
The people have called, and I have responded. It is hoped that the managers of our city will pay more attention to the "parking difficulty", the difficulty of the masses and the problem of blockages, and make greater efforts to effectively solve it, such as whether there are conditions to open the internal parking spaces of some organs and institutions, etc., to provide sufficient, scientific and convenient parking lots for the majority of car owners, so as to effectively alleviate the reality of parking difficulties.