Is it illegal to kick someone in front of someone s family?

First, the victim should promptly report to the police, and then conduct a forensic medical evaluation, based on the results of which the legal responsibility of the beater is decided.

1. If the injury is slight, the public security organ shall impose a public security penalty on the beater, and bear the victim's medical expenses, lost work expenses, and other expenses.

Article 43 of the Public Security Administration Punishment Law: "Whoever assaults another person, or intentionally injures the body of another person, shall be detained for not less than 5 days but not more than 10 days, and shall also be fined not less than 200 yuan but not more than 500 yuan; where the circumstances are more minor, they are to be detained for up to 5 days or fined up to 500 RMB.

1) Gang up to beat or injure others;

2) Beating or injuring persons with disabilities, pregnant women, persons under the age of 14, or persons over the age of 60;

3) Repeatedly beating or injuring others, or beating or injuring multiple people at a time. ”

2. If the evaluation result is a minor injury, the public security organs shall file a case for investigation and pursue the criminal responsibility of the beater. If the public security organ refuses to file a case, it may file a private criminal prosecution in the people's court and demand that the perpetrator be investigated for criminal responsibility. Regardless of whether it is a public prosecution or a private prosecution, an attached civil lawsuit can be filed at the same time to demand compensation for medical expenses and other expenses from the other party.

Article 234 of the Criminal Law [Crime of Intentional Injury] Whoever intentionally injures the body of another person shall be sentenced to fixed-term imprisonment of not more than three years, short-term detention or controlled release. Whoever commits the crime in the preceding paragraph, causing serious injury, is to be sentenced to fixed-term imprisonment of not less than three years but not more than ten years; Whoever causes death or seriously injures a person by especially cruel means, causing serious disability, is to be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment, or death. Where this Law provides otherwise, follow those provisions.

3. The scope of civil compensation is based on the provisions of Article 17 of the [Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases], including medical expenses, lost work expenses, nursing expenses, transportation expenses, accommodation expenses, hospital meal subsidies, necessary nutrition expenses, and so forth.

Legal Analysis: Slapping or kicking others, the circumstances are slight, the social harm is not great, and it is not a sexual offense, and there is no need to bear any legal responsibility for this. However, slapping or kicking others, where the circumstances are serious and the harm to society is great, may be a violation of the administration of public security, and may also be suspected of a criminal offense of intentional injury.

For specific circumstances, the parties are requested to verify and determine on their own in accordance with the actual situation and relevant legal provisions.

Legal basis: Article 43 of the "Public Security Administration Punishment Law of the People's Republic of China" Whoever assaults another person, or intentionally harms the body of another person, is to be detained for not less than 5 days but not more than 10 days, and fined between 200 and 500 yuan; where the circumstances are more minor, they are to be detained for up to 5 days or fined up to 500 RMB.

1) Gang up to beat or injure others;

2) Beating or injuring persons with disabilities, pregnant women, persons under the age of 14, or persons over the age of 60;

3) Repeatedly beating or injuring others, or beating or injuring multiple people at a time.

Legal Analysis: The act of kicking a person is illegal, but whether it constitutes a crime depends on the victim's injury; If the victim has more than minor injuries, he is suspected of intentional injury and will be held criminally responsible; If the victim suffers minor injuries, he or she violates the provisions of the Law on Administrative Penalties for Public Security and shall be subject to administrative detention and a fine.

Legal basis: Article 43 of the Law of the People's Republic of China on Administrative Penalties for Public Security Disturbance: Whoever assaults another person, or intentionally harms the body of another person, shall be detained for not less than 5 days but not more than 10 days, and shall also be fined between 200 and 500 yuan; where the circumstances are more minor, they are to be detained for up to 5 days or fined up to 500 RMB. In any of the following circumstances, they shall be detained for not less than 10 days but not more than 15 days, and shall be fined not less than 500 yuan but not more than 1,000 yuan:

1) Gang up to beat or injure others; (2) Beating or injuring persons with disabilities, pregnant women, persons under the age of 14, or persons over the age of 60; 3) Repeatedly beating or injuring others, or beating or injuring multiple people at a time.

Legal Analysis: If you kick a kick, you will not be detained if you do not cause harm to sell a wide source. Administrative detention is generally for minor injuries.

Legal basis: "Law of the People's Republic of China on Public Security Administration Punishments" Article 43 Whoever beats another person or intentionally harms another person's body shall be detained for not less than 5 days but not more than 10 days and shall also be fined between 200 and 500 yuan; where the circumstances are more minor, they are to be detained for up to 5 days or fined up to 500 RMB.

1) Gang up to beat or injure others;

2) Beating or injuring persons with disabilities, pregnant women, persons under the age of 14, or persons over the age of 60;

3) Repeatedly beating or injuring others, or beating or injuring multiple people at a time.

He was kicked and decided to claim compensation based on factors such as the results of the examination and the punishment.

The infringer is required to compensate for the actual losses caused to the victim. Depending on the specific circumstances and the degree of fault of the infringer, moral damages may also be claimed.

If it constitutes a minor injury or more, the beater is suspected of the crime of intentional injury and shall be investigated for criminal responsibility in accordance with the law. shall be sentenced to fixed-term imprisonment of not more than three years, short-term detention, and controlled release.

If the injuries are assessed to be minor, only civil compensation can be claimed, and the victim can sue directly to the court for personal injury compensation; At the same time, they may open their eyes and request administrative punishment.

After the public security organ files a case, the victim may also file a civil lawsuit attached to the criminal case to demand compensation. Of course, it is also possible to sue directly in court for personal injury compensation.

Law of the People's Republic of China on Public Security Administration Punishments

Article 43: Those who assault others, or intentionally injure others, are to be detained for between 5 and 10 days and fined between 200 and 500 RMB; where the circumstances are more minor, they are to be detained for up to 5 days or fined up to 500 RMB.

1) Gang up to beat or injure others;

2) Beating or injuring persons with disabilities, pregnant women, persons under the age of 14, or persons over the age of 60;

3) Repeatedly beating or injuring others, or beating or injuring multiple people at a time.

Criminal Law of the People's Republic of China

Article 238 [Crime of Unlawful Detention] Whoever illegally detains another person or unlawfully deprives others of their personal liberty by other means shall be sentenced to fixed-term imprisonment of not more than three years, short-term detention, controlled release, or deprivation of political rights. Where there are circumstances of beating or insulting, a heavier punishment is to be given.

Whoever commits the crime in the preceding paragraph, causing serious injury, is to be sentenced to fixed-term imprisonment of not less than three years but not more than ten years; and where death is caused, the sentence is to be 10 or more years imprisonment. Where violence is used to cause injury or death, it is to be convicted and punished in accordance with articles 234 and 232 of this Law.

Where others are illegally seized or detained for the purpose of collecting debts, punishment is to be given in accordance with the provisions of the preceding two paragraphs.

Where employees of state organs abuse their authority to commit the crimes in the preceding three paragraphs, they are to be given a heavier punishment in accordance with the provisions of the preceding three paragraphs.

1.Yes, but generally will not be supported, unless the perpetrator voluntarily compensates.

2.Based on Article 120 of the Civil Code of the People's Republic of China, where civil rights and interests are infringed upon, the infringed party has the right to request that the infringer bear tort liability.

3.Article 1182:Where the personal rights and interests of others are infringed upon and property losses are caused, compensation is to be made in accordance with the losses suffered by the infringed party or the benefits obtained by the infringer as a result; Wait.

Legal Analysis: Breaking the Law. Arbitrarily destroying other people's property, although it does not reach the level of filing a criminal case, but violates the Public Security Administration Punishment Law, is to be detained for between 5 and 10 days, and may be concurrently fined up to 500 RMB; where the circumstances are more serious, they are to be detained for between 10 and 15 days, and may be concurrently fined up to 1,000 RMB.

Legal basis: "Public Security Administration Punishment Law of the People's Republic of China" Article 26: Those who commit any of the following acts are to be detained for between 5 and 10 days, and may be concurrently fined up to 500 RMB; where the circumstances are more serious, they are to be detained for between 10 and 15 days, and may be concurrently fined up to 1,000 RMB.

1) Gang fighting;

2) Chasing or intercepting others;

3) Forcibly taking or arbitrarily destroying or occupying public or private property;

4) Other acts of picking quarrels and provoking trouble.

Legal basis: Civil Code of the People's Republic of China

Article 1166:Where the actor causes harm to the civil rights and interests of others, regardless of whether the actor is at fault or not, and the law provides that they shall bear tort liability, follow those provisions.

Article 1167:Where the tortious conduct endangers the safety of others' persons or property, the infringed party has the right to request that the infringer bear tortious liability such as stopping the infringement, removing obstructions, or eliminating dangers.

Article 1168:Where two or more persons jointly commit tortious acts, causing harm to others, they shall bear joint and several liability.

Criminal Law of the People's Republic of China: Article 275: Whoever intentionally destroys public or private property, where the amount is relatively large or there are other serious circumstances, is to be sentenced to up to three years imprisonment, short-term detention or a fine; where the amount is huge or there are other especially serious circumstances, a sentence of between three and seven years imprisonment is to be given.