Unscrupulous developers sell parking space banners.

As long as it does not violate the mandatory or prohibitive provisions of the law, there is no problem in pulling banners. However, pulling banners is an extreme way to protect rights, and its behavior itself has a bad influence.

1. When the owner pulled the banner, he didn't disturb public order. He just stood there holding a banner and didn't make any noise. This should not be a demonstration, but it should not be illegal. But in reality, it is hard to say whether anyone will control it when it is implemented.

2. If it is really the fault of the administrative unit that caused your loss, and the unit refuses to handle it, you can complain to its superior government, respond to the county discipline inspection and supervision department, or sue the unit in court.

3. Rights protection must be legal first. The legal ways of safeguarding rights mainly include complaint, mediation, arbitration and litigation. While safeguarding rights, don't block the door, otherwise it is illegal.

Article 35 of the Constitution: The people and citizens of China have freedom of speech, publication, assembly, association, procession and demonstration.

Article 2 of the Public Security Administration Punishment Law? Disrupting public order, endangering public safety, infringing on personal rights and property rights, obstructing social management, which is harmful to society and constitutes a crime in accordance with the provisions of the Criminal Law of People's Republic of China (PRC), criminal responsibility shall be investigated according to law; If it is not serious enough for criminal punishment, the public security organ shall impose administrative penalties for public security in accordance with this law.

Article 23 of the Law on Public Security Administration Punishment commits one of the following acts disturbing public order, which is not serious enough for criminal punishment, and shall be detained for not more than 15 days, fined not more than 200 yuan or given a warning.

(1) Disrupting the order of organs, organizations, enterprises and institutions, resulting in work, production, business, medical care, teaching and scientific research not being carried out normally, but without causing serious losses.

Extended data:

Case:

Luxury home owners pull banners to spit out the quality of houses? Developers sue for reputation infringement

Public trust. Hangzhou, August 27th (Reporter Zhao Xiaoyan) A few years ago, Ruan Qing (pseudonym), who has been doing business in Shanghai for a long time, and his wife spent10 million yuan to buy a beautifully decorated mansion in Hangzhou Xixi Paradise Yueju, but in recent years, she has not lived comfortably. The marble floor was broken when the house was handed over, the central air conditioner leaked when it was used for the first time, and more than a dozen bags were soaked in the closet.

Recently, Ruan Qing and his wife were also brought to court by the developer Hangzhou Xixi Investment Development Co., Ltd. because they hung slogans such as "Happy Life, Rough Production" outside the balcony to protest, and the developer sued them for reputation infringement. On the 27th, the case was opened in the West Lake Court in Hangzhou.

20 10 June, Ruan Qing and his wife bought two houses in Xixi Paradise Yueju, with the area of 148 and 189 square meters respectively, with the total value exceeding 100000.

On 20 1 1 year1/month, the house was completed and accepted, but when she closed the house, Ruan Qing found dozens of cracks on the marble floor of the house, and the ceiling was rough and visible to the naked eye.

Ruan Qing refused to accept the house. After consultation, the developer agreed to rectify. "Because the furniture I ordered has arrived in Hangzhou, I have to choose one of the two suites, even though it is a problematic house." Yan Qing said.

On April 20 12, when Ruan Qing and his wife used the central air conditioner for the first time after they moved in, water leakage occurred again. Because the water leak happened in the closet, more than a dozen bags of Ruan Qing were soaked. In the summer of the same year, Ruan Lingyu's balcony glass burst again.

Qin Wang, Ruan Qing's lawyer, Jianwei Law Firm, said that in August 2065438+2002, the developer confirmed the objective existence of furniture dehydration. After several compensation negotiations, the developer could not meet its reasonable requirements. De Nguyen once hung a banner on his balcony to protest-"unscrupulous profiteers, cutting corners, endless quality problems".

Subsequently, the developer agreed to carry out maintenance and rectification. During the rectification, Ruan Qing and his wife also got a transitional house.

On March 20 14, Ruan Qing received a notice from the developer asking him to move out of the transitional house. However, Ruan Qing believed that the marble cracks in the house were still unresolved, refused to move out, and was subsequently cut off from water and electricity.

According to Ruan Qing, the power outage caused the red wine in the wine cabinet at home to deteriorate and lost hundreds of thousands. So, she made a banner for the second time-"Paradise is comfortable to live in and shoddy to show her protest".

Ruan Qing said that she bought Yue Opera only for vacation, and she was not in Hangzhou at ordinary times, but quality problems kept appearing every time she came back. "We also have mental troubles, but the defendant went to court and felt that there was no way to complain."

Many owners of Xixiyue reported to reporters the problems of floor cracking and wall seepage in the equipment room, and the most concentrated one was the balcony glass bursting. "This is a common phenomenon in the community." One owner said.

Regarding the above problems reflected by the owners, Tang Feng, who is in charge of customer relations of Hangzhou Xixi Investment Development Co., Ltd., said that it is impossible to deliver a finely decorated house without any problems. "For example, we use the brand's central air conditioner, but as a developer, we can't control it in use 100% ok."

Regarding the particularly concentrated problem of balcony glass bursting, Tang Feng said that there are actually several. "It belongs to the warranty scope, and we will definitely repair or replace it."

Tang Feng believes that before the transition house was cut off from water and electricity, the developer had informed the owner that the house delivered to the owner had no structural problems or seriously affected the safe use, and the owner had no reason to refuse.

He said that Ruan Qing had complained to Hangzhou Construction Engineering Quality Supervision Station before, but after identification, there was no quality problem in the house.

Regarding the problem that Ruan Qing and his wife hung banners twice, Tang Feng thought that the banners reflected not the quality problem, but the violation of their reputation.

According to the lawyer representing the developer in court today, Ruan Qing and his wife hung banners on a busy road section, which had a bad influence and seriously damaged the commercial reputation of the developer. The developer asked Ruan Qing and his wife to apologize in two local media outlets in Hangzhou and compensate for the economic loss of1100,000 yuan.

In the court, the lawyer of Ruan Qing and his wife said that the defendant, as the owner, has the right to criticize and comment on the housing quality and property services sold by the developer; Potential consumers also have the right to know about the property developed by the plaintiff and the quality of property services, and the defendant's behavior does not constitute an infringement on the plaintiff's reputation. The content of the banner is a statement of the objective facts such as the quality of the house sold by the plaintiff and the quality of the property service, which is a legitimate criticism and comment.

Today, the developer's lawyer also mentioned the house problem. "Don't ruin the reputation of our developers because of the price reduction."

However, Ruan Qing's lawyer retorted in court, "We have never mentioned the issue of price reduction."

The court will decide on another day.

References:

Baidu Encyclopedia-Public Security Administration Punishment Law

References:

People's Daily Online-Is the quality of the house good when the owners of luxury houses pull banners? Developers sue for reputation infringement