Fight first, which rule to break 30

I don't know, but I think.

Hit is hit. Scolding is scolding.

From the teacher's point of view, you are wrong because you should not provoke trouble.

If your injuries constitute minor injuries, you can file a private criminal prosecution with the people's court to investigate the criminal responsibility of the other party; If it does not constitute a minor injury, the other party may be held civilly liable. The injury shall be subject to the appraisal conclusion of the designated forensic appraisal institution.

Hitting and scolding are 2 levels of problem.

The swearer can go to court to sue you for insult, defamation, or an apology.

Assault may touch the crime of intentional injury.

But it depends on the injury.

If it's a classmate, forget it.

Look at the results. You must have infringed the bill.

And fighting is not within the scope of legitimate defense.

Whether you strike first or later, there is no qualitative difference, that is, the person who strikes first is quantitatively different.

You're weird that high school students can't break the law when they fight. Of course, it was wrong for A to hit you, but it was caused by you, and what your teacher said was not wrong. What's more, it's nothing to have a small fight between classmates, this is not a crime, where is the crime!

So, personally, I think it's your teacher's fault.

Fight first, no law is violated, but traditionally speaking, the first to do the first is the loss, so if you have to fight, the experienced will pick the other party to do it first, and then fight back, you can also argue that it is a defensive counterattack, and you don't fall into responsibility for beating people, how much better.

You're not wrong, you want to fight civilly, not martial.

Friends, scolding is not illegal, but beating is definitely illegal. If you prosecute, he will at least be detained. You're just defending in a fight.

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. 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 beating or injuring others; (2) Assaulting or injuring disabled persons, 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 234 of the Criminal Law: Whoever intentionally injures the body of another person is 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.

Paragraph 1 of 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. Article 230, paragraph 1 of the Criminal Law stipulates that anyone who 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.

Legal Analysis: The legal and regulatory responsibilities for the first hand fight are: if the minor injury is caused, there is administrative liability, and if the minor injury is caused, it is criminal liability.

where a crime is not constituted, 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.

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 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) 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.

Legal Analysis: Fighting Violates the Law:

1. If the circumstances of the fighting carried out by the perpetrator are relatively minor and do not constitute minor injuries or other injuries, punishment is to be given in accordance with the relevant provisions of the "Public Security Administration Punishment Law".

2. If the perpetrator's fighting behavior has constituted minor injuries or above injuries, and is suspected of the crime of intentional injury, Rufeng will be punished in accordance with the relevant provisions of the Criminal Law.

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 shall be detained on a stool 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; where the circumstances are more minor, they are to be detained for up to 5 days or fined up to 500 RMB.

The law stipulates that it is important who starts a fight first, because the party who starts the fight first may bear more responsibility, but the specific responsibility should be judged according to the result of the injury. According to Articles 17-29 of the Full Text of the Judicial Interpretation on Compensation for Personal Injury:

1. General provisions:

1) Where a fight injures another person, but has not yet caused disability, compensation shall be made for medical expenses and loss of income due to lost work. Medical expenses generally include medical expenses, nursing expenses, transportation expenses, accommodation expenses, necessary nutrition expenses, etc.

2) If a person is disabled as a result of fighting, in addition to all expenses such as medical expenses and lost work expenses, he shall also compensate the disabled person for living allowances, self-help equipment and disability compensation, as well as the necessary living expenses of the person who was actually supported by the disabled person before the disability and has no other livelihood.

3) If a person dies as a result of a fight, in addition to all expenses such as medical expenses, funeral expenses, death compensation, and necessary living expenses of the deceased who was actually raised during his lifetime and had no other livelihood.

2. Specific compensation standards:

1) Reimbursement amount of medical expenses = Incurred medical expenses (excluding primary medical expenses) and expected medical expenses.

2) Compensation amount for lost time = lost time Income standard (the patient's fixed income reduced due to lost work).

3) Hospitalization meal subsidy = length of hospitalization The standard of business trip meal allowance for general staff of state organs in the place where the medical accident occurred.

4) Compensation amount of escort fee = number of days of escort Number of escorts The average annual salary of employees in the previous year at the site of the medical accident.

5) Disability living allowance compensation = disability level The average annual living expenses of residents in the place where the medical accident occurred The compensation period.

6) Compensation amount for disability equipment = cost of universal equipment.

7) Compensation amount for funeral expenses = 6 months of average monthly salary of employees in the city in the previous year.

8) Compensation amount for living expenses of dependents = number of dependents, minimum living security standard for local residents, and number of years of dependents.

9) Compensation amount for transportation expenses = the sum of the amount of actual necessary transportation expense receipts.

10) Compensation amount for accommodation Sun Weinai fee = number of days of accommodation The standard of accommodation subsidy for general staff of the state agency in the place where the medical accident occurred.

11) Compensation amount of moral damage pension = medical treatment) The average annual living expenses of residents in the place where the accident occurred (the maximum number of years for death is not more than 6 years, and the maximum number of years for disability is not more than 3 years.

12) Death Compensation.

1. What to do if you are injured in a fight.

1. Call the police first, and then apply to ** for injury appraisal, and determine the responsibility of the other party according to the injury appraisal conclusion.

If it is determined that the injury is minor or above, then the other party is suspected of a criminal offense and can request that he be investigated for criminal responsibility.

2. The other party can be required to make civil compensation, such as medical expenses, lost work expenses, nutrition expenses, mountain wheel nursing expenses, property losses, etc., and if it constitutes disability, the other party can also be required to compensate for disability compensation.