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Owner of the caution that lock up a car has without tort Wen Jinyuan convention
From;    Author:Stand originally

Late on March 9, more than gentleman cannot find owner of village of center of article bright and beautiful parking space, park the car on the fire control passageway of the village, property security personnel asks its as soon as possible car move. Dissuade a few times after disabling, security personnel is pressed " village registration of vehicles sets Wen Jinyuan " (try out) , lock up the car (detailed sees our newspaper reported on March 12) .

In owner autonomy and property management double management falls, maintain public interest indeed commendable, but security personnel whether give a car accordingly advocate does private property add a lock? These two days, this " owner convention " jockey inextricabilitily dispute, discuss actively what caused netizens in early net of Qian Tang Home E, E not only, and the view that legal group public figure also expresses him in succession, the debate is intense.

■ the viewpoint collides

Wen Jinyuan is born south Han of owner commission counsel: Locking up a car is only " caution " and rather than " penalty "

"I do not agree with lock car to be equivalent to ' penalty ' view. " yesterday, be born south Han of counsel of commission of owner of vice director of office of attorney of trade of short for Zhejiang Province, Wen Jinyuan, hit into morning paper hot line.

"Come a few this years, village car advocate violate compasses jockey, do not listen to the dissuasion of property, the issue that ignore has repeatedly happen, most owner report is strong, the requirement undertakes administrative, this ability arose to concern a provision. " Han lawyer emphasizes, owner jockeys on fire control passageway, not only violate village regulation, and violate rule of fire service law, this is a kind of illegal behavior above all, enroach on public interest.

Han Nasheng says, want to violate compasses owner to look for security personnel to ask to lock up only commonly, have the written intention of an apology, also open a lock to him immediately. This kind handles way, just stem from the purpose that maintains public interest, to violate compasses owner a caution, recommit does not want after reminding him, and the property that did not punish.

"The concerned regulation of the village, convention, its law position is equivalent to a village compasses civilian is made an appointment with. Village compasses civilian should not violate relevant law regulation only about, can regard a court decision as the basis. " Han Nasheng says, the decision of owner congress or owner committee, have sanction to owner, " matter right law " it is clear to this, with the village compasses civilian is made an appointment with same, have relevant law effectiveness. But " matter right law " the right that did not manage to village autonomy and limits undertake refining, be worth everybody to be discussed deep.
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