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Both parties to a fight are responsible, and a fight or brawl shall be distinguished between a public security case and a criminal case based on the specific circumstances, and then convicted and punished in accordance with the Public Security Administration Punishment Law or the Criminal Law.
In accordance with the Law of the People's Republic of China on Public Security Administration Punishments
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.
According to Article 292 of the Criminal Law [Crime of Assembling a Crowd to Fight] Those who assemble a crowd to fight are to be sentenced to up to three years imprisonment, short-term detention or controlled release for the ringleaders and others who actively participate; In any of the following circumstances, the ringleaders and others who actively participate are to be sentenced to fixed-term imprisonment of not less than three years but not more than ten years:
1) Gathering crowds to fight multiple times;
2) Gathering a crowd to brawl with a large number of people, a large scale, and a vile social impact;
3) Gathering crowds to fight in public places or on major traffic arteries, causing serious disruption of social order;
4) Armed crowds to fight.
Where a crowd is assembled to fight, causing serious injury or death, it is to be convicted and punished in accordance with the provisions of articles 234 and 232 of this Law.
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.
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How to divide the responsibilities of the two sides in a fight.
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Whoever does it first, as long as there is an act of assaulting others and causing a certain amount of harm, they can be punished in accordance with Article 43 of the "Public Security Administration Punishment Law". If the fight is caused by a civil dispute, the public security organs may conduct mediation in accordance with article 9 of the Public Security Administration Punishment Law, and where the parties reach an agreement, they will not be punished. If the injured party is slightly injured or above, then a criminal case may be filed, and the procuratorate will prosecute without mediation.
However, for such minor injury cases, the court basically focuses on mediation, and at most sentences criminal detention. Where the simplest fights do not constitute a crime, criticism and education, mediation, or administrative punishment are to be given; If a crime is constituted, it is also a fight, and depending on the specific circumstances of the case, it may constitute the crime of intentional injury (causing minor injury, serious injury or death), the crime of picking quarrels and provoking trouble (such as making a mistake out of nothing, beating someone up in a competitive manner, causing minor injuries or more aggravating circumstances but not a necessary condition), etc. Intentional bodily harm to others constitutes the crime of intentional injury, and the crime of intentional injury is punishable by up to three years imprisonment, short-term detention, or controlled release.
Whoever commits the crime of intentional injury and causes serious injury shall 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 the Criminal Law provides otherwise, follow those provisions.
Article 43 of the Public Security Administration Punishment Law of the People's Republic of China "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 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.
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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According to Article 43 of the "Public Security Administration Punishment Law", 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 not less than 200 yuan but not more than 500 yuan. 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) Assaulting or injuring others in a group, (2) beating or injuring a disabled person, a pregnant woman, a person under the age of 14, or a person over the age of 60, (3) beating or injuring others multiple times, or beating or injuring others multiple times.
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It's not good to fight and rush the skin, if you win, you have to go to jail and lose money, and if you lose and get injured for a long time, Kai will not be good at digging. The best way is for others to beat you up, you don't fight back, and then pay you a few 100,000 yuan to buy a car and a house.
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If it is a fight, both parties are responsible.
If it is a fight, one party is identified as having minor injuries, and is suspected of a criminal offense of intentional injury, and needs to bear corresponding legal responsibility in accordance with the law. In the case of personal injury causing losses to others, the parties shall bear the corresponding tort liability in accordance with law. There is no reason for reducing compensation.
When two people fight, their responsibility is generally divided according to the consequences of the harm caused by each of them. Fights and brawls shall be distinguished between public security cases and criminal cases based on the specific circumstances, and then convicted and punished in accordance with the Public Security Administration Punishment Law or the Criminal Law.
There are three conditions that must be met to start a fight and start a case:
1. The facts of the case should be clearly distinguished;
2. It is not possible to conduct a trial in a block area;
3. Sufficient evidence must be erected.
1. How to determine mutual assault in public security cases.
It is generally determined that after the party is beaten by the other party, he does not leave the scene to avoid being beaten when he is conditional, and the model leader is entangled with the other party at the scene and beats the other party, which is generally determined to be a mutual assault. Fights and brawls shall be distinguished from public security cases or criminal cases based on the specific circumstances, and then convicted and punished in accordance with the "Public Security Administration Punishment Law" or the "Criminal Law", and their responsibilities are generally divided according to the consequences of the harm caused by each.
Where one party causes injury to the other party, detention and a fine are to be imposed; if the circumstances are serious, the period of detention and the amount of the fine will be increased relatively; Among them, those who beat or injure a disabled person, a pregnant woman, a person under the age of 14, or a person over the age of 60, or who repeatedly assaults or injures another person, or who assaults or injures multiple people, are to be detained for not less than 10 days but not more than 15 days, and shall also be fined between 500 and 1,000 RMB. If there is a gathering of fights, the parties involved in the fight shall be punished, and those who intentionally injure others 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.
2. What should I do if the person who beats someone does not accept mediation.
Where mediation is not accepted in a fight, the public security organs may first review the case in isolation, analyze the circumstances of the case, and make a plan to handle it. Those who are not satisfied may file a lawsuit with the people's court. Both sides of the fight are responsible.
Fights shall be distinguished between public security cases and criminal cases based on the specific circumstances, and then convicted and punished in accordance with the Public Security Administration Punishment Law or the Criminal Law.
Article 234 of the Criminal Law provides that 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 several sentences of death. Where this Law provides otherwise, follow those provisions.
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Legal analysis: If a criminal offense is constituted, the sentence is up to three years imprisonment, short-term detention or controlled release, or between three and ten years imprisonment or not less than ten years imprisonment, life imprisonment or death. where an administrative offense is constituted, they are to be detained for up to 5 days or fined up to 500 RMB, or detained for between 5 and 10 days.
Where gangs up to beat or injure others, or other legally-prescribed aggravating circumstances, they are to be detained for between 10 and 15 days.
Legal basis: "Law of the People's Republic of China on Public Security Administration Punishments" Article 43 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, those who are trapped are to be detained for between 10 and 15 days and fined between 500 and 1,000 RMB.
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No matter how this problem is divided, you must first have a positive attitude to save people first, people-oriented, and your car should be fully insured, and your hand speed is complete, so no matter how the responsibility is divided, you will not have too much loss. Another point is that from the situation you described, you are driving normally on the main road, and the other party's motorcycle enters the main road from the auxiliary road and arrives, and then there is a traffic accident. From these descriptions, both parties should be responsible, and you just have to wait for the traffic police to punish this person for the accident.
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