"Once you install it, I will cut it once. You can sue me?"
At about 8: 00 a.m. on April 30, GuangxiThe elevator installation project, Unit 1, Building 3, Changwei Tang, dormitory of Liuzhou Power Supply Company was strongly obstructed by Huang Mou, the owner on the first floor.This is after he used a cutting machine to destroy the connecting piece of the corridor on the second floor of the elevator last year, once again in front of the construction personnel, he used an electric cutting machine to uproot the protective net supporting the elevator project on the second floor.
After seeing the video to collect evidence, the construction personnel immediately called the 110 and called the police. Liuzhou Jiadao police station rushed to the scene and summoned Huang to the station for investigation according to law.
similar behavior before.
As early as 2019, Liuzhou City issued a policy of benefiting the people by providing financial subsidies for the installation of elevators in existing residential buildings, further helping owners living in high-rise buildings in old residential areas to achieve "one-click home" as soon as possible ".
Building 3, Changwei Pond, No. 1 Tianshan Road, Yufeng District, Liuzhou City, is a seven-story building, and many of the owners are elderly people over 60. Starting from August 2021, the owners of Unit 1 of the building began to prepare for the installation of elevators. After voting, 11 of the 14 owners agreed to install elevators, and the other 3 owners, including Huang, chose to abstain.Huang expressed his opinion on the installation of elevators as "no objection, no participation, no funding, no use".After that, the owner raised more than 600,000 yuan and entrusted Liuzhou Mingda Elevator Engineering Co., Ltd. (hereinafter referred to as Mingda Company) to be responsible for the construction of the elevator project.
At about 8: 00 a.m. on April 30, Huang cut the safety protection device on the second floor of the elevator. Video screenshot
In July 2022, after Mingda Company obtained the elevator construction permit procedures issued by the housing construction and natural resources department of Yufeng District of Liuzhou City, it immediately began the installation and construction of the elevator project. According to the owner, during the construction process of the project, Huang mou, the owner of the first floor, repeatedly blocked the elevator construction on the grounds that the elevator installation project did not conform to lighting, fire protection, safety and other issues. in September 2022, he filed a complaint against the housing construction and natural resources department of yufeng district of Liuzhou city as the defendant and mingda company as the third person to liunan district court of Liuzhou city (hereinafter referred to as Liunan court),Request the court to order the cancellation of the two defendants to give the third party Mingda company to install the elevator construction permit procedures.
On December 13 last year, the elevator construction project of Mingda Company had completed the main construction. At 5 o'clock in the afternoon that day, Huang suddenly took a crazy move,Despite the owner's dissuasion, he reached out from his window to use an electric cutting machine to cut the connecting piece of the corridor on the second floor of the supporting elevator.The owner used his mobile phone to record the evidence and called 110 to call the police after failing to stop it. On the same day, although the police made a transcript of the interview and criticized Huang, they did not pursue his responsibility. According to Mingda Company, Huang's behavior last year planted a major safety hazard for their elevator project, which has not yet been repaired,Preliminary estimates of losses of more than 10000 yuan.
Huang mou cut the connecting support for the corridor on the second floor of the elevator project at about 5: 00 p.m. on December 13 last year. Video screenshot
The court made a first-instance judgment
In March this year, Mingda Company received the first instance administrative judgment made by Liunan Court. The court held that the administrative actions of the two defendants, the housing construction and natural resources department of Yufeng District, Liuzhou, and the third party, Mingda Company, to issue the elevator project construction permit procedures, in line with the Autonomous Region Housing and Urban-Rural Development Department of the Autonomous Region Finance Department of the Autonomous Region Natural Resources Department of the Autonomous Region Development and Reform Commission on further accelerating the installation of elevators in existing residences (Gui Jianfa [2022] No. 1) and Liu Jiangui (2022) No. 2 "Liuzhou City Promoting the installation of elevators in existing residences" (hereinafter referred to as the No. 2 implementation opinions), the facts are clear, the evidence is sufficient, and the procedures are legal.
Regarding the problem that the case involving the installation of elevators claimed by the plaintiff Huang mou does not conform to lighting, fire fighting and safety, the design scheme of the installation of elevators involved in the case was made by a design qualified design unit. although the plaintiff Huang mou questioned that the design scheme of the installation of elevators in the residential building involved does not conform to the conditions of lighting, fire fighting and safety, it failed to provide corresponding professional evidence to prove it and should bear the consequences of failing to prove it. If the plaintiff Huang believes that the installation of the elevator project has caused damage to his lighting rights, it can be resolved through civil litigation. Therefore, the Liunan CourtIt was found that Huang's claim had no factual and legal basis, and all his claims were rejected in accordance with the law.
The elevator project was cut by Huang (red circle). This newspaper reporter Wang Jining photo
Huang refused to accept the first instance judgment, has to liuzhou city intermediate court appeal.
Lawyer's statement
On April 30, the police summoned Huang again for Huang's second destruction of the elevator installation project. Huang argued against his behavior that although the Liunan Court rejected all his applications in the first instance, he had appealed to the court of second instance, so the first instance judgment did not take effect, so he believed that Mingda Company was carrying out elevator construction as an "illegal construction". The police made a transcript of the interview with the informant and Huang in accordance with the law, and said that they were asking for the opinions of the legal department, and then dealt with accordingly in accordance with the law.
Liu Xiaoyu, a lawyer from Guangxi Junxing Law Firm, told reporters that in accordance with the relevant provisions of my country's Public Security Administration Punishment Law, those who intentionally damage public or private property shall be detained for not less than five days but not more than ten days, and may also be fined not more than 500 yuan; the circumstances are serious, Detained for not less than 10 days but not more than 15 days, and may be punished with a fine of not more than 1,000 yuan. According to Article 33 of the provisions of the Supreme People's Procuratorate and the Ministry of Public Security on the standards for filing and prosecuting criminal cases under the jurisdiction of public security organs, if there is evidence to prove that Huang damaged property worth more than 5,000 yuan, the public security organ shall file a case for the crime of intentional destruction of property and investigate its criminal responsibility.
At the same time, Liu Xiaoyu expressed his view in response to Huang's claim that because his administrative lawsuit is still in the second instance, Mingda Company's "illegal construction" statement: the administrative department has credibility in making specific actions, and once it is made, regardless of whether it is legal or not, except Except that it is invalid according to law due to serious violations, it is presumed to be valid before it is revoked or changed by legal agencies and legal procedures, it is binding on administrative agencies, counterparties, other interested parties, and other state agencies. Therefore, the license procedures issued by the Yufeng Housing Construction and Natural Resources Department of Liuzhou City are before the effective judgment is revoked. The construction of the elevator project of Mingda Company It is legal.
Source: South Today
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