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According to Article 43 of the "Public Security Punishment Law", 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 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.
If one person beats the other party, it will be ten days at most, and fifteen days has no legal basis.
Since the circumstances of the 15-day detention have not been reached, and there is no gang beating, the maximum is 500, so there is no legal basis for the public security to fine.
In addition, according to the Public Security Punishment Law
Article 9: Where the circumstances are more minor, 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, 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.
Therefore, you and the other party have already adjusted, and the other party has also expressed understanding to you, and you should not be punished again, and the handling of the public security is not lawful. It is advisable to write an agreement with the parties to signify that an agreement has been reached.
Those who are dissatisfied with the punishment of the public security bureau may apply to the organ at the next higher level for administrative reconsideration.
In addition, I would like to advise that the punishment of state organs, even if it is illegal and unreasonable, must be enforced first, which is the certainty of administrative punishment. In other words, his punishment is not lawful, and you must do the same.
Then apply for administrative reconsideration to correct it, instead of refusing to enforce it, which becomes your fault.
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Article 43 of the Law of the People's Republic of China on Public Security Administration Punishments: 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 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;
It can be seen from this that your behavior is indeed an illegal act and should be punished by public security, but in accordance with the provisions of this law, the public security organs can mediate your dispute, and no punishment will be imposed after reaching a settlement agreement through mediation; So you can ask the police to mediate.
In addition, Article 19 of the Law on Penalties for Public Security Administration stipulates that if a person violates the administration of public security under any of the following circumstances, the punishment shall be reduced or not punished:
1) The circumstances are especially minor;
2) Actively eliminating or mitigating the consequences of the violation, and obtaining the victim's forgiveness;
You have already met the second circumstance, so you should be detained for not less than 10 days but not more than 15 days and fined not less than 500 yuan but not more than 1,000 yuan, and the practice of requiring you to pay 3,000 yuan has no basis in law. However, if it is a formal penalty decision, you cannot refuse to pay, but you can apply to the higher authority of the penalty authority for administrative reconsideration after payment.
You may be asked to sign a document such as a penalty notice to confirm your acceptance of the penalty decision.
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Yang Zirong asked: Have all the bandits been eliminated?
The people of the whole country: all have been eliminated, and they have all changed to public security!!
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This situation is very common, if you are not afraid of trouble, you can inquire about the local complaints**, report the situation to them, remember to report the details, if they are unwilling to accept, or find other intermediaries to postpone, then you collect the necessary evidence at the time of the case, and sue the local court, in this case, you have a high probability of winning the case, landlord, I hope to help you.
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You have to record what the police say, it's evidence. They are doing so against the law. You put the tape in front of those grandchildren, and I promise he'll be like the grandsons and keep you, unless they're pigs.
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When they're talking nonsense, and they're going to get your ID card again, they're not going to look for you.
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Ignore them, it's fine. It is to take advantage of his position to sum money. If the examination is not enough for minor injuries, it is not possible to report to the procuratorate, which is education and education.
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It's so fucking black, don't pay attention to them, let the school solve it, ask for a teacher at school.
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The company's internal management regulations should first be legal, secondly, democratically designated, and then publicized to all employees before they can be implemented. The problem you are talking about may be that there is a conflict between the regulations used.
Personally, I believe that "in the process of community maintenance, when Party A fines the company due to personnel or work problems, the person in charge of the site and related personnel shall be punished with a penalty of 50-200 yuan." "Because.
First, the provision is clearer, but the company does not have the right to impose fines on employees, but deducts salaries; Second, if there is a conflict of provisions, the applicable provisions shall be in favor of the employee;
Third, you resigned, not dismissed, which shows that the company also recognizes that you resigned, but it is just a question of how to compensate for losses.
Communicate well with the company, I believe it will be solved satisfactorily.
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Labor Contract Law of the People's Republic of China.
Article 39 The employer may terminate the labor contract if the worker falls under any of the following circumstances:
1) During the probationary period, it is proved that they do not meet the employment requirements;
2) Seriously violating the rules and regulations of the employer;
3) Serious dereliction of duty, malpractice for personal gain, causing major damage to the employer;
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It depends on the terms of the original contract.
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It is recommended that you take an hour to read the "Labor Contract Law" and the "Regulations for the Implementation of the Labor Contract Law", so that you can know what aspects the employer has violated your rights and interests, and only then can you more comprehensively protect your legitimate rights and interests, which will benefit you for a lifetime.
Landlord. Now may not be the right time. Don't just think about making friends while you're young. Create more business. You'll know who's right.
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