A professional lawyer or someone who understands the law is here to help

Updated on society 2024-04-05
11 answers
  1. Anonymous users2024-02-07

    1. A helps B fight: Did B let A fight, or did B not let A fight or A voluntarily helped?

    1) If B finds A and asks A to fight: A and B are accomplices, and B and A should be jointly responsible.

    2) If B does not ask A for help, but A takes the initiative to help B fight: B is not responsible, and A is responsible.

    2. "It seems that the person who is looking for appraisal is not so serious": If A has doubts about the appraisal conclusion, he can apply for a new appraisal.

    3. "What if A is judged?" How long will it be? Whether the sentence will be imposed, and if so, how long it will be sentenced depends on the appraisal conclusion.

    1) If it is assessed to be a minor injury (the evaluation cannot be based on whether it is a "disability", but should be concluded on whether it constitutes a minor injury, a minor injury, or a serious injury, if it is only said to constitute a "disability", it may only be a civil disability evaluation, not a criminal judicial evaluation. The criminal forensic appraisal shall be submitted to the police station and commissioned by the public security department, and the conclusion of the appraisal shall be slight injury or minor injury or serious injury): it may or may not be sentenced, because:

    Minor injuries are cases that can be prosecuted by public prosecution or private prosecution, and if the other party initiates a criminal private prosecution, A can take the initiative to compensate and the other party forgives, and the sentence may not be imposed;

    If it is a minor injury case that is investigated by the public security and prosecuted by the procuratorate: if A can take the initiative to compensate and the other party forgives, he may also be sentenced to a suspended sentence (although he is still guilty of intentional injury and has been sentenced, he does not need to go to jail).

    The legal scope for minor injuries is: fixed-term imprisonment of not more than three years, short-term detention or controlled release.

    2) If it is a serious injury: the procuratorate shall initiate a public prosecution after the public security case is filed and investigated, and the statutory sentence for serious injury shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years (according to the situation that the other party is only injured); The specific number of years you can be sentenced to is determined by the court based on whether you have voluntary surrender, meritorious service, positive compensation, and other statutory or discretionary sentencing circumstances.

    3) If it is only a minor injury: A will not be sentenced, but may be punished by the public security (administrative detention or fine), and at the same time compensate the other party for losses.

    4) It should be noted that if A is sentenced, the other party's losses must also be compensated.

    4. Suggestions: 1) First find out the situation to see whether the other party's appraisal is through the judicial appraisal done by the police station, if not, or if you have doubts about the appraisal conclusion, you can apply to the police station for appraisal or re-appraisal.

    2) If it is determined that it does constitute a minor injury: it is recommended to negotiate with the other party as much as possible and actively compensate for it, so as to obtain forgiveness, not to sentence or to obtain a suspended sentence.

  2. Anonymous users2024-02-06

    Intentional injury.

    Criminal Law Article 234:Whoever intentionally harms 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.

  3. Anonymous users2024-02-05

    A is an accomplice, this kind of accident is well coordinated, and it can be solved privately, and there is no need to go to court.

    In addition, the appraisal needs to be identified by a special appraisal agency, a designated unit at or above the provincial level, and you can refute him from this point.

    If the guilty plea is good and the compensation is appropriate, it can be just ordinary criminal detention.

  4. Anonymous users2024-02-04

    No, you don't! Unless this is a condition of succession as specified in the man's will

    The reasons are as follows: 1. "Whether the man's children should pay alimony to the woman after the man's death" should be the relationship between the stepmother and the stepchildren.

    2. The relationship between rights and obligations is consistent. During the marriage of stepparents, whether the stepparents have de facto "upbringing and education" of the stepchildren determines whether there is a corresponding relationship of rights and obligations between the two parties, and is also a key issue in handling this matter.

    3. In connection with the circumstances of this case, since the husband registered his marriage at the age of 85, his children should have already lived independently, and there would be no "rights and obligations between the stepmother and the stepchildren who were raised and educated by him", right?

  5. Anonymous users2024-02-03

    Article 27 of the Marriage Law of the People's Republic of China: There shall be no abuse or discrimination between stepparents and stepchildren. The rights and obligations between a stepfather or stepmother and a stepchild who is being raised and educated by him shall be governed by the relevant provisions of this Law on the relationship between parents and children.

    Article 10 of the Inheritance Law of the People's Republic of China. The term "children" in this Act includes legitimate children, illegitimate children, adopted children and dependent stepchildren. The term "parents" in this Act includes biological parents, adoptive parents and dependent stepparents.

    According to the legal principle of reciprocity of rights and obligations, and according to the above-mentioned legal provisions, the relationship between stepparents and stepchildren is determined by whether there is a relationship of upbringing and education. If there is a relationship of upbringing and education, there is the right and obligation of inheritance and maintenance; On the contrary, if there is no relationship of upbringing and education, there is no right and obligation of inheritance and maintenance. In this case, there is no legal obligation to support the question of whether the man's children should pay maintenance to the woman after the man's death, but morally speaking, the woman and her father and wife have been together for the rest of their lives, and if the woman is really in difficulty in life, she should still be properly taken care of.

  6. Anonymous users2024-02-02

    Agree with the answer given upstairs, the key issue in this case is whether to inherit property and the relationship between morality and law.

    Good luck!

  7. Anonymous users2024-02-01

    There is no obligation to support without forming a dependency relationship. However, spouses have the right to inherit from each other.

  8. Anonymous users2024-01-31

    According to the new Tort Liability Law, they have the right to demand compensation from your mother or the supplier, and if you ask your mother to compensate, you have to compensate. After you indemnify, if it is the responsibility of the supplier, you can recover from the supplier.

  9. Anonymous users2024-01-30

    You must be held liable for compensation.

  10. Anonymous users2024-01-29

    1. Gathering a crowd to fight is a two-sided behavior, if your side constitutes a crowd fight, then the other party is the same.

    2. Is the brawl serious? If it is just an ordinary group fight, it does not cause serious consequences and serious social impact, and it is not considered to be a crowd fight.

    3. If the other party is injured, can you confirm who hit it? If it is determined that it was your personnel who hit, then you need to compensate, if the scene is chaotic and it is not clear who hit it, then both parties shall be jointly liable for compensation.

    4. The next time you encounter this situation, it is recommended to call the police and accuse them of picking quarrels and provoking trouble.

    It is advisable not to be too nervous at first, the opposing lawyer may be bluffing, and the situation is not so serious.

  11. Anonymous users2024-01-28

    It has not caused serious consequences and will not be pursued for criminal responsibility.

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