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If the mediation fails, a civil lawsuit can be filed.
Article 9 of the Law on Public Security Administration Punishments: 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 lawfully initiate a civil lawsuit in the people's court regarding the civil dispute.
Lawsuits brought between citizens, legal persons, other organizations, and between themselves on the basis of property and personal relations. In other words, civil litigation refers to the various litigation activities carried out by the people's courts, parties and other litigation participants in the process of hearing civil cases, as well as the sum of various relationships arising from these activities.
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How to punish a minor injury caused by a beating?
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1. According to your description, your injuries may constitute minor injuries; If it constitutes a minor injury, the other party will be investigated for criminal liability while bearing civil compensation.
2. It is necessary to compensate for medical treatment, lost work, nursing, transportation, accommodation, food allowance during hospitalization, necessary nutrition and other expenses;
3. Basis: Article 10 of the "Appraisal Standards for Minor Human Injuries (Trial)" (1) comminuted fracture of the nasal bone, or linear fracture of the nasal bone accompanied by obvious displacement; (2) Nasal injury that significantly affects the shape or function of the nose. Article 234 of the Criminal Law 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.
4. The losses you cause to the other party should also be compensated, and each will be accounted for.
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Legal analysis: If a fight causes a slight injury to the other party, and the other party resolutely refuses to mediate, it can only be dealt with through legal channels, and it can be dealt with by the police. According to the relevant legal provisions, minor injuries do not constitute the crime of intentional injury, and civil liability for compensation is based on whether both parties have negligence and the magnitude of the fault.
Legal basis: Article 43 of the "Law of the People's Republic of China on Public Security Administration Punishments" 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.
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.
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Legal analysis: If both parties to the fight suffer minor injuries, the public security organs shall conduct mediation, and if an agreement is reached through mediation, criminal responsibility may not be pursued. If mediation fails, the public security organ will transfer the case to the procuratorate and initiate a public prosecution.
For compensation matters, a lawsuit for compensation may be filed for compensation with civil liability attached to the criminal case, and the court shall make a judgment in accordance with law.
Legal basis: Article 234 of the Criminal Law of the People's Republic of China: Whoever intentionally harms 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.
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Both parties to the fight are slightly injured, and the police can mediate and deal with the state, and after mediation, both parties can not pursue criminal responsibility. If mediation fails, the public security organs will investigate the criminal responsibility of both parties and transfer them to the procuratorate for examination and prosecution, and then the two parties will file a lawsuit for compensation for civil cases attached to the criminal case, and the court will make a judgment. Article 234 of the Criminal Law of the People's Republic of China 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 the provisions of Tsai Tong.
Practice more leg skills, and try to wear sweatpants when fighting. Don't wear tight jeans, you can rush up and use less force to jam the opponent's neck, so that it is more imposing, press down hard, don't press the ground, pick up your fist and hammer it in the face, if the opponent reacts too fast, it is best to punch or two, and then immediately kick him away, and you yourself jump back, or jump up with good jumping power must be ruthless, or the other party rushes over and punches the ribs with his fist, and a punch can be sure to dodge while fighting.
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