Because the fight was not mediated, was it legal to detain me without signing the direct administrat

In accordance with the "Law of the People's Republic of China on Public Security Administration Punishments".

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.

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.

To sum up, public security organs have an obligation to mediate for illegal acts such as fighting or damaging other people's property, and the circumstances are relatively minor.

If the mediation is successful, the public security organ may decide not to punish the offender within the scope of its discretion.

If the mediation is unsuccessful or the mediation is not performed after mediation, the public security organs shall give administrative punishments to the violators. and inform the other party to file a lawsuit with the people's court for the part of the civil dispute.

Is it correct to detain only one party?

It needs to be judged in the light of the facts of the case. If the so-called fight is not a mutual assault, but an act of assault by one party against the other, and the other party does not beat each other or only takes protective measures to protect itself, then the other party does not have the act of assaulting the other party.

In this case, it is correct and there is no problem to administratively detain only the offender who committed the assault.

Legality is not based on whether you sign or not, but on the fact and legal basis of your fight.

Summary. Hello <>

According to article 34 of the Law of the People's Republic of China on Administrative Penalties for Public Security, the public security organs may take administrative detention measures against a person who violates the administration of public security and require the detainee to sign a confirmation at the detention center. If the person concerned refuses to accept the detention and refuses to sign, the police cannot compel him to sign. However, according to the extended addition, if the person refuses to sign and expresses his refusal to accept the detention, the police may continue to detain him for further investigation and processing.

In this process, the public security organs shall respect the lawful rights and interests of the parties, and perform procedures such as interrogation, inspection, and supervision in accordance with law.

If you don't accept and sign for 3 days of administrative detention, will the police station still detain you?

Hello <>

According to article 34 of the Law of the People's Republic of China on Administrative Penalties for Public Security, the public security organs may take administrative detention of a person who violates the administration of public security, and require the detainee to sign a confirmation in the detention center. If the person concerned refuses to accept the detention and refuses to sign, the police cannot compel him to sign. However, according to the extended supplement, if the person refuses to sign and expresses his refusal to accept the detention, the police may continue to detain him for further investigation and processing.

In this process, the public security or trace organs shall respect the lawful rights and interests of the parties, and perform procedures such as interrogation, inspection, and supervision in accordance with law.

It should be noted that, according to Chinese law, the maximum period of administrative detention by the public security organs is 15 days. If the detention period exceeds the Zhaoxun Prefecture without obtaining the relevant approval or decision, the police will face charges of illegal detention. The public security organs shall strictly follow the time limit prescribed by law to carry out administrative detention to ensure that lawful rights and interests are not infringed upon.

Dear, is there anything else you don't understand? You can tell me about your investigation in detail, and I can answer for you. Lack of God

Lawyer

1. If the fight does not accept mediation, if it is the party who beats the person, it will generally be detained, usually detained for not less than 5 days but not more than 10 days, and 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.

If both sides hit each other and there is no justifiable circumstance, then both sides will be detained.

Legal basis

Public Security Administration Punishment Law

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.