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Fighting violates the Public Security Administration Punishment Law and shall be punished in accordance with law.
Law of the People's Republic of China on Public Security Administration Punishments
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.
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.
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 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.
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1. Minor injuries are only civil compensation, and if mediation fails, a lawsuit can be filed with the court;
2. If both parties have losses, the court will determine the proportion of liability according to the degree of fault of both parties;
3. The amount within the scope of responsibility can be offset.
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For both parties to the fight, if neither party has more than minor injuries at that time, it is a public security case;
1. If the circumstances are minor, both parties can be criticized and educated.
2. If it constitutes a violation of the "Public Security Administration Punishment Law", the party concerned may be punished for public security.
3. If a crime is constituted, a criminal case shall be filed to investigate the criminal responsibility of the parties.
In addition, for losses caused by fights, the police station can also organize mediation between the two parties.
At this time, if the mediation fails, both parties can decide to have the court adjudicate.
If you receive a summons from the court, it means that someone has been sued in court and you have become a defendant. At this time, they should actively respond to the lawsuit in accordance with the instructions of the court and the provisions of the law, and also use the law to protect their legitimate rights and interests.
1. Sign and receive all kinds of litigation documents served by the court, including notices to respond, summonses, notices to present evidence, etc.
2. The parties may conduct litigation on their own, or they may entrust one or two litigants as needed.
3. Submission of a reply. The law requires the defendant to file a reply within 15 days of receiving a copy of the complaint.
4. Collect and submit evidence. Be sure to read the court's "Notice of Proof" in detail and strictly follow the court's requirements to present evidence.
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First, a forensic appraisal is conducted.
If the evaluation results reach the level of minor injury, the crime of intentional injury is suspected, and a case shall be filed for investigation, and the case shall be transferred to the procuratorate for review and prosecution after the investigation is completed. Court trial.
If the appraisal results do not reach the level of minor injuries, they will generally be dealt with in accordance with public security punishments, that is, public security detention and fines.
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Stop it first. After mediation, the crime constituted is transferred to the court.
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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.
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It is recommended to report to the police in a timely manner, and if there is an injury, the public security should be requested to arrange an examination. Where the injury is slight, it may be requested that the injured person be placed in public security custody, and if the injury is more than minor, it may be requested that the injured person be investigated for criminal responsibility for intentional injury. For the medical expenses incurred by the injury, a civil lawsuit may be filed against the injured person for compensation, and if the injury is disabled, a disability appraisal shall be conducted, and the claim shall be sued after the disability is determined.
Those who are imprisoned in a detention center for fighting should be punished by the public security organs with the punishment of administrative detention, but in the legal norms, there is no provision for the so-called "bail" of a party subject to administrative detention, and only if the party is criminally detained or arrested on suspicion of committing a crime, he can be released on bail pending further investigation in accordance with the provisions of the Criminal Procedure Law.
Causing minor injury to another person while intoxicated is the crime of intentional injury, and a drunk person shall bear criminal responsibility for the crime, and is generally sentenced to fixed-term imprisonment of not more than three years, controlled release, or short-term detention. They should actively negotiate compensation with the victim, obtain the understanding of the other party, and cooperate with the judicial organs.
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Failure to commit the offence of assault shall be punished by public order, fines and detention.
In accordance with the Law 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.
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1. If it is a fight caused by some ordinary disputes, the public security organ will first convene the two parties to mediate as much as possible on the basis of ascertaining the facts, and if the mediation fails, it will be punished according to law;
2. If A harms others for no reason, he is likely to be detained for public security;
3. A should take the initiative to explain the situation to the police station and deal with the problem.
Party B's appraisal of minor injuries is direct evidence, and it is unwise for Party A not to admit or countersue the other party.
4. The police station will increase the punishment of the party with a bad attitude according to the situation, so it is best to cooperate with the matter.
After all, it's just a small friction, and everyone is comfortable when it is handled.
If the other party is slightly injured or above, it is suspected of committing a crime and will be criminally detained; If not, they can also be detained for up to 15 days.
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Interrogation, collection of evidence, if someone is injured, the degree of personal injury is evaluated, and if the law on public security administrative penalties is violated, corresponding punishment (reprimand, fine, detention) is to be given, and if a crime is constituted, it is transferred to the procuratorate for prosecution.
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In the case of injuries, the severity of the treatment is determined according to the degree of injury, and the fine for minor injuries is generally not detained, and the detention for serious injuries is 15 days to 3 months. Fixed-term imprisonment of not less than 1 year but not more than 3 years for serious injury to disability. I don't know your specific situation, you have to check it yourself.
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It should be determined on the basis of the consequences of the injury.
Lawyer Yu Yuanjun.
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You're not defending yourself, you're assaulting someone. The police station will generally give you mediation first, and if the mediation fails, it will be dealt with in accordance with the provisions of the Public Security Punishment Law. It depends on whether you have been beaten, if you are also beaten by the other party, although it is not as serious as him, you will generally play 50 boards each (you break someone's head, of course you will play more), the other party also has to bear some responsibility, and both parties may be fined.
If you don't get beaten by the other party, you may be detained for up to 15 days.
Also, depending on the situation you said, it should not be too old, if you are under 16 years old, you will be fine, you don't have to take responsibility, just let your parents lose some money.
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Deal with it according to the fight, fine some money, and compensate the other party for some medical expenses Generally that's it! If you mediate, the police station will think about it for you, and then I suspect that you will all be fined!
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Strictly speaking, you are not a legitimate anti-counterfeiting, because he asked you to fight, and you agreed, if you adjust it, it will cost you a few hundred yuan, and if you don't adjust it, you will be locked up for ten days and a half months.
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If mediation fails, the public security organs shall punish the violators of the administration of public security.
1. For the case of a fight that causes minor injuries, it is a public security case, and it will generally be based on mediation, if one party does not go, then the mediation fails, and both parties may be punished.
2. According to Article 9 of the "Law of the People's Republic of China on Public Security Administration Punishments", the public security organs may mediate and handle violations of the administration of public security such as fights or damage to other people's property caused by civil disputes, where the circumstances are relatively minor. Where, after mediation by the public security organs, the parties reach an agreement, they are not to be punished.
3. Where an agreement is not reached after mediation or failure to perform after an agreement is reached, the public security organs shall punish the violator of the administration of public security in accordance with the provisions of this Law, and inform the parties that they may file a civil lawsuit in the people's court in accordance with law regarding the civil dispute.
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If the case has been reported to the police station for filing and handling, and the injuries have been identified, the police station will appear.
After notifying both parties to mediate, and one party does not go, the police station may, with the approval of the person in charge of the case-handling unit, forcibly summon and punish both parties in accordance with the law in accordance with the provisions of Article 43 of the "Public Security Administration Punishment Law", and then inform both parties to file a lawsuit with the people's court for relevant civil compensation.
Mediation must be voluntary, and if one party does not agree, the police station will no longer mediate.
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If the other party ignores the case, it should give instructions to the superior and order it to be brought back to the police station, and if the mediation fails, it will be reported to the superior and handed over to the court for processing.
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The police station has no choice but to tell you to go to court.
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That's a white fight, right?
Is there no way?
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Treated as a brawl.
The fight between the two parties is a mutual assault, which violates the provisions of the "Public Security Punishment Law of the People's Republic of China" and should be fined or detained.
A should bear the economic dispute caused by the compensation for personal injury, but since B hit the person first and was also at fault, A's liability should be appropriately reduced. Therefore, the dispute in this case should be: A bears 70-80% of the primary liability, and B bears secondary liability (20-30%).
It is also right for the police station to let you mediate by yourself, and if both parties are not satisfied, B can file a lawsuit with the court, and the court will deal with it.
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This situation is complicated, and it is best to call up the surveillance video as a basis! It's not a casual thing, if there is evidence, the public security will commit a criminal case in accordance with the law! Feel relieved. It's really not okay for the town public security bureau not to deal with it, sue the judicial bureau!
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2. They are all responsible for fighting each other and need to compensate each other. The other party's proof of medical treatment can be used as the basis for compensation, and you can request an injury examination and apply to the police station. If it is determined that the injury is minor or more, then the other party is suspected of a criminal offense and can request that he be pursued for criminal responsibility.
3. If you are injured, you can ask the other party for civil compensation, such as medical expenses, lost work expenses, nutrition expenses, nursing expenses, etc., and if it constitutes disability, you can also ask the other party to compensate for disability compensation.
It is recommended to settle the matter through negotiation, and if the negotiation fails, a lawsuit may be filed, or a lawyer may be retained to litigate the lawsuit on behalf of the lawyer.
If necessary, please call us for a detailed answer.
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Fighting violates the Public Security Administration Punishment Law and shall be punished in accordance with law.
Law of the People's Republic of China on Public Security Administration Punishments
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.
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.
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 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.