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In general, no matter who starts a fight first, only the consequences are remembered, and those who cause injury to the other party must bear certain legal responsibility, compensation, fines or detention, and criminal responsibility if the circumstances are serious.
Public Security Administration Punishment Law 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.
Possessed with the power to decide on detention.
As you said, your relative did not cause harm to the other party, and there are also problems in determining the facts, and the examination fee of 2,000 yuan is indeed a bit unreasonable. You can file an administrative reconsideration or an administrative lawsuit to settle the case.
In addition, very reluctantly, it is better to find a relationship.
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You said that he hit your relative's head first, then your relative will call the police directly and it will be over, and go directly to the hospital for examination, because he hit people first, you will say that you are **** uncomfortable, this is all up to you, do you just let him beat it in vain, it is the people themselves who are not happy, right, see how to solve the problem, this is not the era of countering violence with violence, the legal society.
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Others owe me money for fertilizer, my wife asked for it, he cheated, there was a quarrel, my wife slapped him, he went to the hospital for six days, and now he sues me to pay him for medical bills, should I pay?
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a. If the other party is at fault, the liability of both parties should be reduced.
b. Personal injury compensation items and standards: The compensation obligor shall compensate for the expenses incurred for medical treatment and the income reduced due to lost work, including medical expenses, lost work expenses, nursing expenses, transportation expenses, accommodation expenses, hospital meal subsidies, and necessary nutrition expenses.
c. 1. Medical expenses shall be determined according to the receipt vouchers for medical expenses and hospitalization fees issued by medical institutions, combined with relevant evidence such as medical records and diagnosis certificates. If the person obligated to indemnify has objections to the necessity and reasonableness of **, it shall bear the corresponding burden of proof.
The amount of compensation for medical expenses shall be determined on the basis of the amount actually incurred before the conclusion of the debate in the court of first instance. The compensation rights holder may file a separate lawsuit for the necessary expenses for organ function recovery training, appropriate cosmetic surgery fees, and other follow-up expenses. However, if the expenses that are determined to be incurred on the basis of the medical certificate or appraisal conclusion, they may be compensated together with the medical expenses already incurred.
2. The compensation for lost time is determined according to the victim's lost time and income.
The lost time is determined on the basis of a certificate issued by the medical institution to which the victim received. Where the victim continues to miss work due to disability due to injury, the time of missing work may be calculated to the day before the date of disability.
If the victim has a regular income, the compensation for lost work shall be calculated on the basis of the actual reduced income. If the victim has no regular income, it is calculated on the basis of his average income in the last three years; Where the victim cannot provide evidence to prove his or her average income in the last three years, it may be calculated by referring to the average wages of employees in the same or similar industry in the previous year at the location of the court where the lawsuit is filed.
3. The nursing fee is determined according to the income status of the nursing staff, the number of nursing staff, and the nursing period.
Where nursing staff have income, it is calculated with reference to the provisions on lost work pay; Where nursing staff have no income or employ nursing staff, it is calculated with reference to the labor remuneration standards for local nursing workers engaged in the same level of nursing. In principle, there is one nursing staff, but where the medical establishment or evaluation body has a clear opinion, the number of nursing personnel may be determined by reference.
The period of care shall be calculated until the victim regains the ability to take care of himself/herself. Where the victim is unable to regain his or her ability to take care of himself or herself due to disability, a reasonable period of care may be determined on the basis of factors such as his or her age and health condition, but not more than 20 years.
The level of care for the victim after being determined to be disabled shall be based on the degree of dependence on care and the preparation of disability assistive devices.
4. Transportation expenses are calculated based on the actual expenses incurred by the victim and his or her necessary escorts for medical treatment or transfer. Transportation expenses shall be based on official bills; The relevant credentials shall be consistent with the location, time, number of people, and number of times of medical treatment.
5. The hospital meal subsidy can be determined with reference to the business trip meal subsidy standard for general staff of local state organs.
If it is really necessary for the victim to go to another place** and cannot be hospitalized due to objective reasons, the reasonable part of the accommodation and food expenses actually incurred by the victim and his escort shall be compensated.
6. The nutrition fee shall be determined according to the victim's disability with reference to the opinions of the medical institution.
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Let's see if the two sides want to be public or private.
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Legal Failure Analysis: Let him pay for it himself, and if there is indeed an injury, and it is caused by you, you will bear it.
Legal basis: "Law of the People's Republic of China on Public Security Administration Punishments" Article 9: Where violations of the administration of public security such as hunger fights or damage to other people's property caused by civil disputes are relatively minor, the procurators may return to the public security organs for mediation and handling. 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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Summary. Hello, the cost of the fight between the two parties is borne by the beater, both parties are responsible, the inspection fee is borne by both parties, and the civil liability for compensation should be determined according to the fault. The person obligated to compensate the victim for personal injury, all expenses incurred due to medical treatment** and the loss of income due to lost work, including medical expenses, lost work expenses, nursing expenses, transportation expenses, accommodation expenses, hospital meal subsidies, and necessary nutrition expenses.
If the victim is disabled due to injury, the compensation obligor shall also compensate for the necessary expenses incurred by the victim due to the increase in living needs and the loss of income caused by the loss of the ability to work, including disability compensation, disability assistive device expenses, and living expenses for dependents, as well as the necessary expenses, nursing expenses, and follow-up expenses actually incurred due to nursing care and continuation. Where the victim dies, the compensation obligor shall, in addition to compensating the relevant expenses provided for in the first paragraph of this article on the basis of the circumstances of the rescue, also compensate for the funeral expenses, the living expenses of the dependents, the death compensation expenses, and other reasonable expenses such as transportation expenses, lodging expenses, and lost work expenses incurred by the victim's relatives in handling funeral matters.
Hello, the cost of the fight between the two parties is borne by the beater, both parties are responsible, the inspection fee is borne by both parties, and the civil liability for compensation should be determined according to the fault. The person obligated to compensate the victim for personal injury, all expenses incurred due to medical treatment** and the loss of income due to lost work, including medical expenses, lost work expenses, nursing expenses, transportation expenses, accommodation expenses, hospital meal subsidies, and necessary nutrition expenses. Where the victim is disabled as a result of injury, the compensation obligor shall also compensate for the necessary expenses incurred by the victim due to the increase in his or her living needs, as well as the loss of income caused by the loss of the ability to work and move, including disability compensation, disability assistive devices, and living expenses for dependents, as well as the necessary expenses, nursing expenses, and follow-up expenses actually incurred as a result of nursing care and continuation.
Where the victim dies, the person obligated to compensate shall compensate the relevant expenses provided for in the first paragraph of this article in addition to the relevant expenses provided for in the first paragraph of this article on the basis of the circumstances of the rescue, and shall also compensate for the funeral expenses, living expenses of the dependents, death compensation expenses, and other reasonable expenses such as transportation expenses, accommodation expenses, and loss of work incurred by the victim's relatives in handling the funeral and burial matters.
Legal basis: 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. 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 a person who is stupid, or beating or injuring multiple people at one time.
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Legal analysis: Let him pay in advance first, if there is indeed a residual injury, and it is caused by you, you will bear it.
Legal basis: Law of the People's Republic of China on Public Security Administration Punishments 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 file a civil lawsuit in the people's court in accordance with law regarding the civil dispute.
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