When two people fight, one of them injures the fighter, and the other is responsible

Updated on society 2024-03-18
13 answers
  1. Anonymous users2024-02-06

    1.In civil matters, if the specific infringer can be determined, the infringer (the person who injured the person who persuaded the fight) shall be liable, and if the specific infringer cannot be determined, the two parties to the fight shall bear joint and several liability.

    2.Administratively, both parties to the fight may be punished by detention and fines for assaulting each other.

    3.In terms of criminal law, if one party who assaults each other causes minor injury or disability to the other party, he or she will bear criminal liability.

    Related Laws. Civil Code of the People's Republic of China

    Article 1170:Where two or more persons commit conduct that endangers the safety of others' persons or property, and the conduct of one or more of them causes harm to others, and the specific infringer can be identified, the infringer bears responsibility; Where the specific infringer cannot be determined, the perpetrator bears joint and several liability.

    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 the public security organs mediate and the parties reach an agreement, punishment is not to be given. 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.

    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 up to three years imprisonment, 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.

  2. Anonymous users2024-02-05

    If it can be determined who injured the person who persuaded the fighter, the infringer shall be directly liable. If it is not sure, it will be borne by both people.

    Tort Liability Law

    Article 10: Where two or more persons carry out conduct that endangers the safety of others' persons or property, and the conduct of one or more of them causes harm to others, and the specific infringer can be identified, the infringer bears responsibility; Where the specific infringer cannot be determined, the perpetrator bears joint and several liability.

  3. Anonymous users2024-02-04

    Probably not, because the other person was not involved in the fight.

  4. Anonymous users2024-02-03

    1. Whoever is responsible for injuring the person who is fighting when two people are fighting?

    1. Both parties who injure the person who is fighting and are jointly and severally liable shall bear joint and several liability, as follows:

    1) The victim may claim compensation from either party, and the liability of the two parties who commit the tort is difficult to distinguish is equally shared, and the party jointly and severally liable can claim compensation from the other party;

    2) If the person who accidentally injures the person in the fight, the medical expenses shall be paid by the person who caused the injury.

    2. Legal basis: Article 9 of the Law of the People's Republic of China on Public Security Administration Punishments.

    For 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, the public security organs of Hongrantong may mediate and deal with it. Where the public security organs mediate and the parties reach an agreement, punishment is not to be given. Where no agreement is reached through mediation or no performance is made after reaching an agreement, 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 quietly initiate a civil lawsuit in the people's court in accordance with law regarding the civil dispute.

    Article 8. Where conduct violating the administration of public security causes harm to others, the perpetrator or his guardian shall bear civil liability in accordance with law.

    2. What are the types of public security administrative punishments?

    The types of public security administrative penalties are divided into:

    1. Warning; 3. Administrative detention;

    4. Revoke the license issued by the public security organ;

    5. Foreigners who violate the administration of public security may be subject to additional application of a time limit for leaving the country or deportation.

  5. Anonymous users2024-02-02

    When two people fight and the person who acts first is injured by the person who moves later, the responsibility is to be delineated according to his illegal behavior. If the person who strikes later injures the other party in self-defense, the person who strikes first is more responsible. If the person who moves later injures the person who moves first and exceeds the necessary defense, the person who moves later is more responsible.

    According to Article 43 of the "Public Security Administration Punishment Law of the People's Republic of China", anyone who assaults another person, or intentionally harms another person's body, is to be detained for not less than 5 days but not more than 10 days, and is also fined between 200 and 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 others, or beating or injuring multiple people at a time.

  6. Anonymous users2024-02-01

    A fight between two people is an illegal and criminal act, and the person who did it first was injured by the person who did it later, and should bear legal responsibility in accordance with the consequences of the harm caused.

    No matter who did it first, no matter who was justified, as long as the fight caused minor injuries, and the crime of intentional injury is suspected, a sentence of up to three years imprisonment shall be given; Causing serious injury shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years.

  7. Anonymous users2024-01-31

    It stands to reason that the first to do it should be the one who is responsible, but please note that this is a truth, not a reality. Reality is unreasonable. The reality is that no matter who makes the first move, regardless of the reason, it is always "unreasonable" to beat people and "justified" to be injured. This is the reality, and there is no reason to talk about it.

  8. Anonymous users2024-01-30

    The one who does it first scolds, and the person who does it later hits the person who does it first, and the person who does it later is more responsible.

    According to Article 43 of the "Public Security Administration Punishment Law of the People's Republic of China", anyone who assaults another person, or intentionally harms another person's body, is to be detained for not less than 5 days but not more than 10 days, and is also fined between 200 and 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 others, or beating or injuring multiple people at a time.

  9. Anonymous users2024-01-29

    That's all the wrong thing made in the fight, it's better to heal the injured person first, and then talk about it, let the police station handle the matter, and the law will give you a statement about it, so that you can learn a lesson after this time.

  10. Anonymous users2024-01-28

    Regardless of who did it first, depending on the injury, the light detention and the heavy hospitalization, everyone is happy.

  11. Anonymous users2024-01-27

    No matter who makes the first move, whoever shoots heavily, who has a great responsibility!

  12. Anonymous users2024-01-26

    We are happy to answer for you, both parties should bear joint and several liability, that is, the victim can claim compensation from either party, and the liability of the two parties who commit the tort is difficult to distinguish is equally shared, and the jointly and severally liable party can claim compensation from the other party. In the case of accidental injury to the person who caused the injury, the medical expenses shall be paid by the person who caused the injury. 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 fighting or damaging other people's property caused by civil disputes.

    Where the public security organs mediate and the parties reach an agreement, punishment is not to be given. 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 Xunbu Law, and inform the parties that they may file a civil lawsuit with the people's court in accordance with law regarding the civil dispute.

  13. Anonymous users2024-01-25

    Legal Analysis: The Chinese side shall be jointly and severally liable, that is, the victim can claim compensation from one of the parties to any draft, while the liability of the two parties to the infringement is difficult to distinguish between them, and the jointly and severally liable party can claim compensation from the other party. In the case of accidental injury to the person who caused the injury, the medical expenses shall be paid by the person who caused the injury.

    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 the public security organs mediate and the parties reach an agreement, punishment is not to be given.

    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.

Related questions
16 answers2024-03-18

The other person is also Sun Quan's adoptive mother Wu Guotai, Sun Quan is not afraid of her, but respects her, because Sun Quan is a filial person, and Wu Guotai's suggestions sometimes are very useful.

13 answers2024-03-18

Yes, multiple plaintiffs can sue the same defendant.

9 answers2024-03-18

How to put it, the song of the breakup is not a clear concept. Look at the lyrics: >>>More

44 answers2024-03-18

Yes, because a person can still achieve a better version of himself by working hard, and he can also make his life very good.

8 answers2024-03-18

Love is a two-way emotional exchange, the admiration of two hearts, the joy of two feelings, and the spark of soul and soul collision. If two people love each other, they don't need to deliberately change themselves to please each other. If she (he) doesn't like you, it's useless to pursue it no matter how deliberately you try to pursue it. >>>More