Is it too heavy for a minor to fight without causing harm to be placed in administrative detention?

Administrative detention is a public security punishment, and since there is an act of fighting and being suspected of picking quarrels and provoking trouble, the detention is justified and is not excessively severe.

Legal basis. Article 43 of the Public Security Administration Punishment Law stipulates that anyone who assaults another person or intentionally injures 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) Forming a group to beat or injure others; (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) Repeatedly beating or injuring others; If more than minor injuries are caused, the crime of intentional injury is constituted.

The Public Security Administration Punishment Law clearly stipulates that if a person who has reached the age of 16 but is not yet 18 years old, and violates the Public Security Administration Punishment Law for the first time, the detention will not be enforced. If the police detain you, it is certainly not a minor circumstance, but an ordinary circumstance or a more serious circumstance.

Legal Analysis]: Juvenile assault can be subject to administrative detention. Where they are already 10 trillions of filial piety and are between the ages of 4 and 16, criminal responsibility is not to be pursued for intentional injury causing minor injury, and suspected intentional injury causing serious injury is to be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years, and the punishment for juvenile crimes shall be mitigated or commuted.

Those who have reached the age of 16 and intentionally injure a person causing minor injuries shall be sentenced to fixed-term imprisonment of not more than three years, short-term detention or controlled release, and juvenile offenders shall be given a lighter or commuted punishment. According to Article 26 of the "Public Security Administration Punishment Law", anyone who commits any of the following acts is 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 trouble.

Legal basis]: "Law of the People's Republic of China on Public Security Administration Punishments" Article 12: Where a person who has reached the age of 14 but is not yet 18 years old violates the administration of public security, the punishment shall be mitigated or commuted; Where persons under the age of 14 violate the administration of public security, they are not to be punished, but their guardians shall be ordered to strictly discipline them.

Whether or not a juvenile fight will be detained depends on the circumstances.

Where those who have reached the age of 14 but are not yet 16 years old and engage in a fight, and shall be given the punishment of administrative detention in accordance with law, the punishment of administrative detention shall not be carried out and a fine shall be imposed. Where those who have reached the age of 16 but are not yet 18 years old, and violate the administration of public security for the first time, shall be given the punishment of administrative detention in accordance with law, the punishment of administrative detention shall not be carried out, and a fine shall be given. Where they are already between the ages of 14 and 16, criminal responsibility is not to be pursued for intentional injury causing minor injury, and where serious injury is caused, the sentence for the crime of intentional injury is to be between three and ten years imprisonment, and the punishment for juvenile crimes shall be mitigated or commuted.

Those who have already reached the age of 16 and intentionally cause minor injuries are to be sentenced to up to three years imprisonment, short-term detention or controlled release, and the punishment for juvenile crimes shall be mitigated or commuted.

Legal basis.

Criminal Law of the People's Republic of China

Article 234: [Crime of Intentional Injury] 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 those provisions. Article 234-1 [Crime of Organizing the Sale of Human Organs] Whoever organizes others to sell human organs is sentenced to up to five years imprisonment and a concurrent fine; where the circumstances are serious, a sentence of five or more years imprisonment and a concurrent fine or confiscation of property is to be given.

Intentional injury] [Intentional homicide] Whoever harvests his or her organs without his consent, or from a person under the age of 18, or compels or deceives others to donate organs, is to be convicted and punished in accordance with the provisions of articles 234 and 232 of this Law.

Crimes of theft, insult, or intentional destruction of corpses, bones, or ashes] Whoever removes organs from a cadaver against the person's prior wishes, or who does not express their consent before his death, violates state regulations, or removes his cadaver organs against the wishes of his close relatives, is to be convicted and punished in accordance with the provisions of Article 302 of this Law.

If a juvenile fights will leave a case record, and if the public security organ has issued a "Public Security Administrative Punishment Decision" to the juvenile, the public security organ will keep the case file materials for punishment for a long time, and this is the case record, and the case record cannot be eliminated. Article 100 of the Criminal Law [Criminal Record Reporting System] A person who has received a criminal punishment in accordance with the law shall truthfully report to the relevant unit that he has received a criminal punishment when he or she enlists in the army or is employed, and must not conceal it. Persons who were under the age of 18 at the time of the crime and were sentenced to a sentence of up to five years imprisonment are exempt from the reporting obligations provided for in the preceding paragraph.

Article 12 of the Law on Public Security Administration Punishments: Where a person who has reached the age of 14 but is not yet 18 years old violates the administration of public security, the punishment shall be mitigated or commuted; Where persons under the age of 14 violate the administration of public security, they are not to be punished, but their guardians shall be ordered to strictly discipline them. Article 26: Those who commit any of the following conduct 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 trouble.

Legal Analysis] Fighting is an intentional injury, usually an act of intentionally harming the physical health of another person. Minor circumstances are punishable by fines or detention, and serious circumstances warrant criminal liability. The two meanings of cylinder convex and convex treatment are two:

First, the perpetrator's conduct must be illegal, and if it is a lawful medical act, it cannot constitute this crime; Second, the physical health of others must be harmed, including damage to personal tissues and damage to the normal functions of body organs; The degree of damage can be divided into three levels: minor injury, serious injury, and death. In practice, for the identification of the injury result, the lead cherry should be comprehensively considered by combining the injury at the time of the injury with the result after the injury, and should also take into account factors such as the relationship between the injured part and the victim's occupation. In terms of the subject of this crime, according to the provisions of relevant laws, it is divided into two situations:

Where intentional injury causes minor injury, the person who has reached the age of 16 shall bear criminal responsibility; A person who has reached the age of 14 shall be held criminally liable if the intentional injury causes serious injury or death. In practice, ascertaining the content of the perpetrator's subjective intent is of decisive significance in distinguishing this crime from the crime of intentional homicide. If, when carrying out the act, the perpetrator has a laissez-faire attitude toward the death or injury of others, a comprehensive examination shall be conducted based on factors such as the means and tools used by the perpetrator and whether the part of the blow was fatal, to determine whether the perpetrator's intentional content deprived others of their lives or harmed their health.

Legal basis] Public Security Administration Punishment Law" Article 12: Where a person who has reached the age of 14 but is not yet 18 years old violates the prudent and sensitive administration of public security, the punishment shall be mitigated or commuted; Where persons under the age of 14 violate the administration of public security, they are not to be punished, but their guardians shall be ordered to strictly discipline them. Where minors assault others, or intentionally injure others, they 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.