Fight Liability and Compensation 30, Fight Liability and Compensation

In this case, let's talk about the civil part first: there are two tortious issues of intentional injury between you, and you have to be liable for each other's compensation, not to say that whoever is seriously injured should be compensated to whom, but both parties should compensate each other, but it is just a matter of paying more and less according to the severity of the injury. This is called "mixed fault" in civil law.

Let's talk about the criminal aspect: it is recommended that you go to the hospital now to do a disability evaluation, and hospitals above the county level have appraisal agencies, so you can go there to issue an appraisal for later use. If the other party is identified as a minor injury, you may be subject to criminal punishment, but if you compensate the other party civilly and obtain the other party's forgiveness, and the circumstances of the case are relatively minor, the probability of you being sentenced to a light sentence such as a suspended sentence is relatively high.

If the other party is not slightly injured, then the case is an ordinary public security case, which is generally handled by the police station, and the two parties will settle it after reaching a compensation agreement.

As for the agreement you mentioned, if you fail to fulfill the compensation agreement between the two of you, the other party can go to court to sue you. However, except for the case where you have evidence to prove that the agreement is invalid or revocable, in this case, you are also injured, and it is obviously wrong for the police station to only let you compensate the other party.

Actually, like fighting, a lot of it is impulsive, and it's generally not premeditated, so it's hard to say who's right and who's wrong, right, if you are injured, you're hurting, and if you're killed, you're manslaughter, and if your settlement agreement is voluntary, of course, it's valid, and he can sue you for non-fulfillment of the agreement, which is very bad for you, because people have an agreement, so you'd better try to compensate or make a new agreement.

Children, fighting is not right, impulse is the devil! Look, a little thing, making such a big move, and losing money, is it worth it? So, I'm impulsive in the future, oh hoho......

Dizzy, it's a fight again, no idea

There are three types of damage caused by a fight: first, only one party has personal or property damage; second, both parties have personal or property losses; Third, the fight caused personal or property damage to a third person. Right.

In the first and second cases, it is generally the case that each compensates for the losses caused to the other party. Of course, this should also consider the reasons for the original dispute between the two parties, who provoked the fight, who did it first, and whose circumstances were serious. For the loss of a third party, if there is only one party to the fight, only that party shall be compensated; If both parties are at fault, they should bear joint and several liability for compensation, that is, the injured third party can demand compensation from either party to the fight, and how the two parties bear it is determined according to the degree of Lu Yiqin's fault, and has nothing to do with the victim.

Of course, the party that has compensated the third party for the loss has the right to demand that the other party repay the share that has been compensated by him on his behalf. Specific items include medical expenses, lost work expenses, nursing expenses, transportation expenses, accommodation expenses, food allowances, nutrition expenses, and if the disability can be assessed, you can claim compensation for disability compensation and living expenses of dependents. The specific amount of compensation varies from place to place.

Generally, it is 5-8 times the cost of medicine.

Legal analysis: The two parties need to bear civil liability for compensation according to the fault of both parties in the fight caused by a civil dispute. Generally speaking, the party who starts first is more responsible for the fault, of course, if the other party insults and slanders first, and the circumstances are heinous, then the responsibility is another matter, and the specific responsibility of both parties needs to be determined by the court in a comprehensive manner.

If one party assaults the other party without reason, then the beaten party can take legitimate defense, and the injury caused to the other party does not need to bear legal responsibility. If more than minor injuries are caused, it constitutes the crime of intentional injury and is subject to imprisonment.

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 violator 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 dispute over the sale of folly matters.

Look at the specific situation of the manuscript to judge: its.

1. If the fault of one party causes both parties to fight and be injured, the party at fault shall bear all the liability for compensation; That.

2. If the two parties are injured in a fight due to the joint fault of both parties, both parties shall be liable for compensation according to their fault. Article 1179 of the Civil Code Whoever infringes upon another person and causes personal injury shall be compensated for the reasonable expenses incurred for ** and **, such as medical expenses, nursing expenses, transportation expenses, nutrition expenses, and hospital meal subsidies, as well as the loss of income due to lost work. If the disability is caused, compensation shall also be made for the cost of assistive devices and disability compensation; If death is caused, compensation shall also be made for funeral group expenses and death compensation.

Legal Analysis: There are three situations of damage caused by a fight: first, only one party has personal or property damage; second, both parties have personal or property losses; Third, the fight caused personal or property damage to a third person. Right.

In the first and second cases, it is generally the case that each compensates for the losses caused to the other party. Of course, it is also necessary to consider the reasons for the original dispute between the two parties, who provoked the fight, who did it first, whose circumstances are serious, etc., the quasi-fault is large, and the amount of compensation is generally more.

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 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 234 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.

Legal Analysis: There are three types of guessing damage caused by a fight:

First, there is only one trillion judgment for personal or property damage;

second, both parties have personal or property losses;

Third, the fight caused personal or property damage to a third person.

Legal basis: Article 263 of the Criminal Law of the People's Republic of China: Whoever robs public or private property by violence, coercion, or other means is to be sentenced to fixed-term imprisonment of not less than three years but not more than ten years, and shall also be fined; In any of the following circumstances, a sentence of 10 or more years imprisonment, life imprisonment or death is to be given, and a concurrent fine or confiscation of property is to be given:

1) Entering a home to rob a house;

2) Robbery on public transport;

3) Robbery of banks or other financial institutions;

4) Multiple robberies or robberies where the amount of money involved is huge;

5) Robbery causing serious injury or death;

6) Pretending to be a member of the military or police to commit a robbery;

7) Robbery with firearms;

8) Looting military supplies or emergency rescue, disaster relief, or relief materials.