Source: CCTV News Client
Recently, some netizens posted that the load -bearing wall of a residential building in Harbin, Heilongjiang, China was smashed, which caused residents of the whole building to be unable to go home.It is understood that about 200 residents of about 200 households are affected.
On May 1st, the Urban Management and Administrative Law Enforcement Bureau of Songbei District, Harbin City issued a notice saying that it received a report from the people's unauthorized demolition and modification wall of the house in Limin Xueyuan Community.Investigate the parties.At the same time, in conjunction with relevant departments, safety support for the demolished walls, organizing professional institutions to conduct safety appraisal, formulating the recovery plan for demolition and modification, and effectively doing a good job of mass service guarantee.The next step will be held in accordance with the law and regulations.
Private demolition, who should be responsible?What responsibility should you assume?
A resident of more than 200 residents of a resident is urgently evacuated
According to a number of media reports, the incident is located in Building B, Harbin Limin Academy. There are 31 floors on the building. The tenants on the third floor dismantled the load -bearing wall without authorization, which caused the cracking of the walls on the building on the building.
According to a video released by netizens, in the decoration room, the multi -faceted wall was demolished, and the steel bars were wrapped in one side of the wall.
Some owners showed their own cracks and had wall skin off.
The residential property issued an emergency notice on April 28, "Because the 3 -story decoration of the 2 unit of Building B touched the heavily wall, the body walls on the 4th and 6th floor of the 2nd unit were cracked.Emergency evacuation and evacuation. Please ask the owner of Building B immediately to leave Building B, forbidden to stay at home, wait for further notification tomorrow. "
Netizens also posted a notice from the residents of the Tower Building in the community on April 29: "According to the opinions of the temporary headquarters, according to the standard of 200 yuan per day per day, the monetary compensation of the residents and owners will be given until the house can be used until the house can be possible.Until living, follow -up residents can sign the resettlement procedures in accordance with the community notice. "
The staff of the streets and communities said in an interview with the media that it was reported that it was discovered that the incident building was destroyed on April 28, and departments at all levels immediately intervened in handling.A total of about 200 residents were affected, and some residents have been placed in a hotel, which is currently under disposal.
Unsurbing load -bearing wall
According to the administrative measures for interior decoration of residential interior, in the interior decoration activities of the residential indoor decoration activities, the design solutions are prohibited from the original design unit or a design unit with the corresponding qualification level, and the building subject and load -bearing structure are changed without authorization.
Taking hands and feet on the load -bearing wall may affect the stability of the entire building, and even cause the structural disability and collapse, endangering life safety.
Regarding the issue of "private demolition", Luo Peixin, deputy director of the Shanghai Judicial Bureau, said in an interview with the media that the walls are different from the wall.The use of walls must not destroy its basic functions.
Luo Peixin believes that judging the damage of the bearing structure is based on whether the basic function is damaged.Tap a nail on the load -bearing wall and hang a clothing. Of course, there is no problem, but if most of them are even demolished as a whole, it will hurt the load -bearing function, which is a common property behavior without the right to punish.
This incident is not an example.
In 2021, the news of the "Hangzhou Xiaoshan Guoli Community owner hit the load -bearing wall" rushed to the hot search.
At that time, residents in Hangzhou, Zhejiang, knocked down the load -bearing wall while renovating their own houses, causing the entire building to become a dangerous house.Later, the owner and the contractor of the household and the contractor were taken criminal compulsory measures due to the crime of hazarding public safety due to dangerous methods of faults.
Private demolition, who should be responsible?
Who should be responsible for the "Harbin residential building load -bearing wall" incident?What legal responsibilities should I assume?The lawyer of Beijing Yuecheng Law Firm Yue Yushan interpreted from three aspects: civil liability, administrative responsibility, and criminal responsibility:
-From the perspective of civil liability, the demolition of the load-bearing wall causes damage to the building, affects the normal living of other owners in the building, has infringement on others, and compensate for compensation, including compensation for house repair, reinforcement costs, and thisFor a period of time, other owners' losses could not live.
-From the perspective of administrative responsibility, the private demolition of the load-bearing wall violates the construction project quality management regulations.Article 69 of the Regulations on the Management of Construction Engineering stipulates that: If the user of the house building changes the main body and load structure of the house building during the decoration process, it shall be ordered to make corrections, and the 50,000 yuan (RMB, the same below, S $ 9626) above 100,000 or more)Fined fines below Yuan.
-From the perspective of criminal liability, the behavior of the load-bearing wall privately makes the building a dangerous building, endangering public safety, and is suspected of constituting the crime of harming public safety by dangerous methods.
Article 115 of the Criminal Law stipulates that if other dangerous methods cause serious injuries, death or major losses that cause public and private property, it will be sentenced to more than ten years of imprisonment, life imprisonment or death sentence.
The crime of the previous one who has overwhelmed the previous one will be sentenced to imprisonment of less than three years and seven years; if the circumstances are relatively light, they will be sentenced to imprisonment or detention of less than three years.
Regarding the specific responsibility, Lawyer Yue Yushan said that according to the information currently announced, the responsible person has tenants and the construction unit that implements demolished.
For the decoration of the "small home", it is a person to dismantle and change the wall without permission. What is harmful is the public safety of "everyone".The load -bearing wall is not only the weight of the house, but also the weight of life.
Everyone must strictly abide by relevant laws and regulations when decorating houses, think more, and be responsible for the lives of themselves and others.Relevant departments must also strengthen supervision. The suspension should be stopped. The punishment of the punishment must not be soft.
