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If there is no evidence or witnesses to prove that he was beaten, and the other party does not admit it, then the case can only continue to be investigated. Because the police are not immortals, it is impossible to identify a criminal suspect when only the person concerned identifies this only evidence. It is still possible to support the suggestion of going directly to the court to sue for financial damages.
Legal analysis. If the flow rate is much lower than the minimum flow rate to ensure accuracy, it will result in no output (e.g., vortex flowmeter) or the output signal will be cut off as a small signal (e.g., differential pressure flowmeter), which is unfavorable and unfair to the supplier. In order to prevent the loss of benefits, for a specific set of thermal energy metering equipment, the supply and demand parties often agree that a certain flow value is "agreed lower limit flow" according to the flow measurement range and the range that can be achieved, and if the actual flow rate is less than the agreed value, the lower limit of the charging flow will be charged.
The people's metrology administrative departments at or above the county level may set up metrological verification institutions as needed, or authorize other units of metrological verification institutions to carry out compulsory verification and other verification and testing tasks. Personnel who perform the verification and testing tasks provided for in the preceding paragraph must pass the assessment. This function is usually implemented in flow meters.
According to the needs of the region, the local people's measurement administrative department at or above the county level shall establish social public measurement standard instruments, which shall be used after passing the examination by the people's measurement administrative department at a higher level. Enterprises and institutions may establish the measurement standard instruments used by the unit according to their needs, and the highest measurement standard instruments shall be used after passing the examination presided over by the relevant people's measurement administrative department. Metrological verification work should be carried out in accordance with the principle of economic reasonableness and in the nearest place.
Metrological verification must be carried out in accordance with the national metrological verification system table. The national metrology verification system table shall be formulated by the administrative department of metrology.
Legal basis. Law of the People's Republic of China on Public Security Administration Punishments》 Article 43 Whoever assaults another person or intentionally injures 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 RMB; 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 are to be detained for between 10 and 15 days and fined between 500 and 1,000 RMB
1) Gang up to beat or injure others; (2) Beating or injuring a disabled person, a pregnant woman, a person under the age of 14, or a person over the age of 60; (3) Repeatedly beating or injuring others, or beating or injuring multiple people at a time.
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Legal analysis: If evidence cannot be collected for objective reasons, you can apply to the court for investigation and collection. It is also possible that the claim will be rejected due to insufficient evidence.
Legal basis: Article 234 of the Criminal Law of the People's Republic of China: Whoever intentionally harms 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.
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What should I do if I am beaten without evidence and the other party does not admit it.
Hello, there is no evidence for being beaten, and the other party does not admit it, you can call the police immediately, and the public security will investigate after accepting it. At the same time, as a party, you have to look for evidence, but these evidence must be evidence in your hands, and you can find human evidence, physical evidence, and so on. Where after a public security organ accepts a report, accusation, report, or surrender, finds that it is a violation of the administration of public security, it shall immediately conduct an investigation; Where it is found that it is not a violation of the administration of public security, the person making the report, the accuser, the informant, or the person who surrenders shall be notified, and the person shall be accompanied, and the reasons shall be explained.
Article 200 of the Criminal Law Article 34 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.
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Legal analysis: The police station generally mediates and deals with the non-injury of the beating, and some will be fined and detained. Whoever generally assaults another person, or intentionally harms another person, is 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.
In the case of no injury, it is generally mediated.
Legal basis: "Public Security Administration Punishment Law of the People's Republic of China" Article 9: Where violations of the administration of public security such as fights or damage to other people's property caused by civil disputes are relatively minor, the public security organs may mediate and handle them. Where, after mediation by the public security organs, the parties reach an agreement, they are not to be punished.
Where no agreement is reached through mediation or no performance is made after an agreement is reached, the public security organs shall punish the violators of the administration of public security in accordance with the provisions of this Law, and inform the parties that they may lawfully initiate a civil lawsuit in the people's court regarding the civil dispute.
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Legal analysis: In a fight, the first thing to do is to call the police in time, and even if there is no monitoring, you can collect witness testimony and evidence from all sides. However, if there is no evidence, there is no way to deal with it, and the public security organs generally mediate.
Victims of fights and brawls should promptly report to the police, and the public security organs should determine the nature of the case after accepting and reviewing the case, and those that meet the criteria for filing a case should conduct an investigation and collect evidence through investigative means, and obtain evidence from Xiangfan Lingguan, so as to pursue the legal responsibility of the beater. The victim should actively provide clues to the public security organs and assist in solving the case.
Legal basis: Article 64 of the Civil Procedure Law of the People's Republic of China Article 64 The parties have the responsibility to provide evidence for their own assertive attitude. The people's court shall investigate and collect evidence that the parties and their litigants are unable to collect on their own for objective reasons, or evidence that the people's court finds necessary for the trial of the case.
The people's courts shall follow legally-prescribed procedures to comprehensively and objectively review and verify evidence.
In the process of collecting evidence, it is necessary to avoid situations where the rights and obligations of both parties are unclear, and it is impossible to prove who owes the money to whom if the rights and obligations are not clear. If the rights and obligations are clear, the loan can be recovered even if there is no IOU, and if the rights and obligations are not clear, the loan may not be recovered even if there is an IOU. The other party owes money and does not pay it back, and the creditor can sue without an IOU, but it needs some indirect evidence to assist, such as witnesses, chat records, transfer vouchers or ** recordings, etc., the more sufficient evidence, the greater the probability of winning the case, and the greater the possibility of getting the loan back. >>>More
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