Legal analysis
According to the relevant laws and regulations, the crime of intentionally destroying public or private property refers to the act of intentionally destroying or damaging public or private property, and the circumstances are serious. This crime does not require the purpose of illegal possession, which is the essential difference from other crimes against property. If it can be concluded that the other party dug a hole around the house in order to destroy the foundation of the house, then it can be concluded that the other party had a subjective intention to destroy the house. If the house eventually collapses objectively, it constitutes intentional destruction of public and private property both subjectively and objectively. As the owner, the parties concerned have rights to some parts of * * * and have the right to restore their neighbors to their original appearance. You can negotiate with your neighbors first, and the parties have the right to ask your neighbors to stop their behavior and restore to the original state. If negotiation fails, you can seek help from the local village Committee or the police. If economic losses are caused to the parties, the other party shall compensate the parties for all the losses. If it fails, the parties may collect evidence and file a private prosecution with the court. Fix the evidence as soon as possible, not only to prove the infringement, but also to prove the specific loss and the causal relationship between the infringement and the loss. Protect the legitimate rights and interests of the parties according to law.
legal ground
People's Republic of China (PRC) Civil Code
Article 233 Where a property right is infringed, the obligee may settle it through conciliation, mediation, arbitration and litigation.
Article 236 Where the real right is damaged or may be damaged, the obligee may request that the obstruction or danger be removed.
Article 237 Where a realty or chattel is damaged, the obligee may request to repair, redo, replace or restore it to its original state according to law.
Article 238 Where the infringement of property rights causes damage to the creditor, the creditor may claim compensation for the loss or bear other civil liabilities according to law.
Article 275 of the Criminal Law of People's Republic of China (PRC), whoever intentionally destroys public or private property, if the amount is relatively large or there are other serious circumstances, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or a fine; If the amount is huge or there are other particularly serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years.