Ms. Bai was in a hurry to go out to run errands in the morning, so she stepped into the car and set off. When she drove to the entrance of the community, she was stopped by the security guards. The security guard asked her to pay a parking fee of 10 yuan before she could be released. Ms. Bai was confused, she was the owner of the community, and her car had been parked in the parking space she bought, why did she have to charge? After enquiring by the security guard, he explained that although Ms. Bai had bought a parking space, because she had not paid the property management fee on time, the charging system showed that her vehicle was temporarily parked, so she needed to pay the parking fee.
This explanation made Ms. Bai angry, she was already extremely dissatisfied with the property management of the community, and the two sides were even in a lawsuit. Now, when she saw the security guards stopping her and not letting her go, she felt that she was finding fault with herself. Ms. Bai believes that if she gives out the 10 yuan today, she will be asked to pay every day in the future. She thought to herself, so what's the point of her buying a parking space? Besides, this is a problem between her and the property company, why should the security guard intervene?
The security guard saw that Ms. Bai was angry and reasonable, so he explained his distress. He said that he could only earn 2,000 yuan a month, and if Ms. Bai did not pay the 10 yuan, his salary would be deducted. He hoped that Ms. Bai would understand his plight as a migrant worker and not embarrass him.
After listening to the security guard's explanation, Ms. Bai was still in a bad mood. She shouted loudly that she had a parking space and that if she wasn't allowed to go, she would park it so that no other vehicles could get out. Sure enough, during the time they were arguing, there were more and more other car owners waiting to go out. The entrance to the community suddenly became congested, and all kinds of complaints and accusations were endless.
In order not to affect the normal passage of other owners, the security guard could only temporarily release Ms. Bai's car. Ms. Bai was still angry when she saw the change in the attitude of the security guard, and continued to vent her dissatisfaction with the security guard. The security guard is also a person, who has endured hard work but cannot be humiliated, and in the face of Ms. Bai's domineering attitude, he decided to return the favor. He replied mockingly to Ms. Bai, saying that he had asked for 10 yuan today, and contemptuously told Ms. Bai to get out of here!
These words pricked Ms. Bai's nerves, and her voice trembled with anger. She loudly announced that she had bought a multimillion-dollar house and asked a security guard to come and ask her to pay 10 yuan? She cursed at the security guard and asked him what he was. The security guard couldn't bear it, he scolded Ms. Bai-for-tat, not only scolded her, but also unceremoniously told her not to always take herself seriously.
Ms. Bai was furious, pointed at the security guard's nose and glared, and asked repeatedly, "Whose father are you?" At this time, Ms. Bai's husband finally couldn't help it, and he hurriedly rushed forward to ask the security guard whose father it was. Agitated, he punched the security guard in the face without thinking. After the security guard was hit, he fell to the ground and lay motionless on the ground.
Ms. Bai saw the security guard lying on the ground and shouted angrily, "Get up! Get up! Do you dare to touch porcelain? She suspected that the security guard was pretending to be injured in an attempt to claim compensation. However, no matter how much she shouted, the security guard just didn't get up. At this point, someone finally called the police.
As a lawyer, I have some legal advice on this matter. According to articles 265 and 266 of the Criminal Law, if one party intentionally commits an act of violence during a dispute with another person, causing bodily harm to the other party, and the circumstances are serious, it may constitute the crime of intentional injury. As for the security guard, although he was acting as a toll collector for the owner's parking fee, he did not use his power and position, and there was an abuse of power. However, after he responds to Ms. Bai and gets into an argument, and also initiates an act of violence. According to the provisions of Articles 48 and 131 of the Public Security Administration Punishment Law, administrative detention or public security detention may be imposed in accordance with law for acts of inciting others to fight or intentionally injuring others.
In this story, the quarrel between the two sides escalates and eventually turns violent. Neither Ms. Bai nor the security guard had the right way to handle this dispute. In a similar situation, I would like to remind everyone that when facing disputes and conflicts, one should think calmly, express oneself rationally, and avoid using violent means to solve problems. At the same time, the property management of the community should also carry out corresponding explanations and mediation to reduce the occurrence of similar incidents.
The story ends with an alarm, leaving the audience curious and suspenseful about the outcome of the event. In this case, the cause of the conflict between the two parties was a dispute over the management of parking spaces, and both parties' claims for rights and interests were reasonable, but how to balance interests and legal obligations still needed more legal and deliberation.
Grandma Liu's point of view:
1.The security guards carried out the work of charging parking fees in accordance with the rules and regulations, which was the consensus reached by the property management and the owners of the community. Although Ms. Bai did not pay the management fee, her parking was indeed temporary, so she had to pay for the parking fee. The security guard's job duty is to maintain order and safety in the community, and he only asked Ms. Bai to pay the fee according to the regulations, and did not take the initiative to offend or threaten her.
2.The security guard's salary is very low, only 2,000 yuan a month, and if he encounters a situation where the owner does not pay the parking fee at work, being deducted from his salary will only make his life more difficult. The security guard complained during the argument and begged Ms. Bai not to embarrass him, but Ms. Bai did not have the slightest sympathy and understanding for the security guard, and even insulted and provoked.
Uncle Chen's point of view:
1.Ms. Bai had purchased a parking space, and the car had been parked in her own parking space, so she should not have paid additional parking fees. There was an error in the property management system, showing that Ms. Bai's parking was temporary, which was a problem with the property management system and should be solved by the property management instead of Ms. Bai bearing the cost.
2.The security guards are arrogant in dealing with problems and spit fragrant mouths, provoking quarrels and conflicts for no reason. As a security guard, he should remain calm and professional, and not verbally attack and threaten him because he is insulted. He lost respect and objectivity to his owners, which led to an escalation of the conflict.
The following are the relevant legal provisions:
1.Article 265 of the Criminal Law: Whoever intentionally injures another person's body, causing minor or serious injury to the other party, shall be sentenced to fixed-term imprisonment of not more than three years, short-term detention or controlled release, and may also be fined.
2.Article 266 of the Criminal Law: Whoever intentionally injures another person's body, causing serious injury or death to the other party, shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years.
3.Article 48 of the "Public Security Administration Punishment Law": Whoever incites others to fight or assembles a crowd to fight shall be detained for not less than 5 days but not more than 10 days, and may also be fined not more than 500 yuan; where the circumstances are more serious, they are to be detained for between 10 and 15 days and may be fined between 500 and 1,000 RMB.
4.Article 131 of the "Public Security Administration Punishment Law": Whoever instigates others to fight when a mass incident occurs and is verified to be true, and fails to take preventive measures knowing that serious consequences will occur, shall be detained for not less than 15 days but not more than 15 days, and may also be fined or have his property confiscated.