Judicial interpretation of the Public Security Administration Punishment Law for Assaulting Others

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, 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.

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.

The judicial interpretation of the Public Security Administration Punishment Law for assaulting another person reaches a slight injury, which can be resolved through mediation, and his legal responsibility is not pursued, and if it reaches a minor injury or serious injury, then it will correspond to a criminal penalty of detention.

According to the relevant laws and regulations, those who gang up to beat and injure others, beat and injure persons with disabilities, pregnant women, persons under the age of 14 or persons over the age of 60, or repeatedly assault or injure others, or assault or injure multiple people at one time, shall 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. Article 43 of the "Public Security Administration Punishment Law" In any of the following circumstances, a person shall be detained for not less than 10 days but not more than 15 days and shall be fined not less than 500 yuan but not more than 1,000 yuan: (1) Gang beating or injuring 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.

In accordance with the provisions of relevant laws, 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.

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.

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.

Article 43 of the Public Security Administration Punishment Law "Whoever assaults another person, or intentionally harms 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. 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) Assaulting 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. Article 17 of the "Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases" provides that if a victim suffers a personal injury, the compensation obligor shall compensate for 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. Article 25: Disability compensation is calculated for 20 years from the date on which the disability is determined on the basis of the degree of the victim's loss of ability to work or the level of disability, and in accordance with the per capita disposable income of urban residents or the per capita net income of rural residents in the previous year at the location of the court where the lawsuit is filed. However, if the age is over 60 years old, the age shall be reduced by one year for each additional year; Those over the age of 75 are counted as five years.

If the victim is disabled due to an injury but his or her actual income has not been reduced, or if the level of disability is relatively minor but the occupational obstruction has seriously affected his or her employment, the disability compensation may be adjusted accordingly.

Article 43 of the Law of the People's Republic of China on Public Security Administration Punishments Anyone who assaults others, or intentionally injures others, shall be detained for not less than 5 days but not more than 10 days, and shall be fined not less than 200 yuan but not more than 500 yuan for burning the tomb; 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.

The provisions of the Law on Penalties for Public Security Administration relating to assault are: Article 26 of Section 2 and Article 43 of Section 3. Section 2: Article 26: Those who commit any of the following acts are to be detained for between 5 and 10 days, and may be concurrently fined up to 500 RMB; where the circumstances are more serious, they are to be detained for between 10 and 15 days, and may be concurrently fined up to 1,000 RMB

1) Gang fighting; (2) chasing or intercepting others; (3) Forcibly taking or arbitrarily destroying or occupying public or private property; (4) Other acts of picking quarrels and provoking troubles.