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Will tell from legal angle, amerce is behavior of punishment of a kind of administration, and nonexistent alleged " administration penalizes penalty " with " economy penalizes penalty " cent. Except administrative punishment, all similar case cannot say again for " amerce " . Since amerce is behavior of punishment of a kind of administration, so set and executive penalty action must with " administration of People's Republic of China sanctions a method " for legal basis, cannot set lawbreakingly. " administration sanctions a method " the 15th regulation: "Administrative punishment is carried out inside legal limits of one's functions and powers by the executive authority that has administration to punish authority " , and property management company is a legal entity or illegal person organization only, not be an executive authority, have no right to carry out those who include penalty inside so any administration penalize behaviour, this kind of behavior is to disobey " administration sanctions a method " of the regulation.
One of, the state of mind of company of management of a lot of property and rudder are incorrect, did not regard oneself as offer server and regarded as controller, there are a lot of ways that with its function nots agree with in the job so, fine at will even if among them one of. Eliminate its to understand to the mistake of function, right, will correct to its him fixed position, straighten a relation, improve service quality, have certain sense. Secondly, a few decorated personnel to damage in construction area smoking and remover elevator is fined possibly, the act that these behavior just violate safe regulation or civil damage behavior, property management company can check, also can ask they pay penalty due to breach of contract or compensation, but cannot fine. Penalty due to breach of contract or compensation are with actual loss and responsibility of breach of contract accurate.
The place on put together is narrated, property management company has no right to carry out the administration such as amerce to penalize behaviour really. Although be opposite the behavior of break a contact of owner, property management company can use penalty due to breach of contract and compensation to undertake administrative only.