Minor injuries have failed to mediate several times, and the other party wants me to pay 40,000 yuan

Because the act of fighting causes the other party to have a slight injury, although this does not constitute a criminal offense, it may also be punished by public security, and at the same time need to bear a certain civil liability, but if the other party asks for a price, then it is recommended that the other party sue for processing.

Legal analysisThe other party's sky-high price is a civil dispute, not a criminal case, and it is recommended to resolve it through negotiation, if the negotiation fails, it will only be resolved by litigation; If it constitutes more than minor injuries, it may be suspected of the crime of intentional injury, and criminal responsibility is pursued in accordance with law, and the court's sentencing will be determined by comprehensively considering factors such as the motive for the crime, subjective malice, harmfulness to society, whether or not it is a recidivist offender, whether there is voluntary surrender, meritorious service, and other mitigating circumstances, as well as the party's attitude toward admitting guilt. It is recommended that a lawyer be retained in a timely manner, meet with the parties, understand the circumstances of the case, provide legal assistance, and handle release on bail pending further investigation; Read the case file, collect favorable evidence, clarify the facts of the case, and do your best to strive for a minimum sentence or suspended sentence, so as not to miss the best opportunity, and protect the legitimate rights and interests of the parties to the greatest extent. First of all, you can ask a professional judicial appraisal agency to conduct an appraisal, if it is determined that it is a slight injury, then you can give the other party a certain amount of civil compensation, but if the other party asks for a price, it is recommended to take the way of litigation, and the court will judge how much compensation should be paid, generally speaking, if it is a slight injury, this does not constitute criminal responsibility.

Legal basisLaw of the People's Republic of China on Public Security Administration Punishments》 Article 43 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 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 beating or injuring 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, or beating or injuring multiple people at a time.

Hello friend, slight injury, basically has no effect on people, he wants you 40,000 yuan, obviously blackmailing you, so this must not be given, if you want money, you can ask for his medical records, hospital diagnosis certificate, hospitalization certificate and other materials, thank you.

If the mediator deals with it fairly, he will not be punished after reasonable compensation; If you are willing to compensate and the other party's asking price is too high, the responsibility is not on your side, and the punishment for you should be lighter; If you really can't reach an agreement, the public security organ will punish you, and the other party's losses will go through the litigation procedure.

If mediation fails, the only way to do so is to go to the law. way, and if you only pay for the fight, it depends on the actual degree of damage. First of all, you can apply for an injury appraisal, and if there is not much difference between it and the amount of compensation, you can mediate and settle it. If you really can't do it, you can only go through the legal route.

The compensation for minor injuries is 40,000, which is indeed more.

Let the other side sue in court. You can give as much as the court sentences.

If you feel that the amount has reached the amount you want to compensate, you can adjust it privately and get 40,000.

The minor injuries you caused to the other party have failed to mediate several times, and it is an unreasonable request for the other party to ask you to pay 40,000 yuan, and it is better for the two of you to go through the litigation process.

If he can't accept the adjustment, we can directly call the police and follow the legal procedures. But I can sue the other party for touching porcelain.

You have to sue through legal channels and ask the other party to take out the voucher of the hospital's ** charge, so as not to be blackmailed by the other party.

If you don't accept the compensation of 40,000 yuan, you can only let the other party go to court with you, so you may lose less money.

1. Minor injuries cannot be mediated by the other party.

1. The price of the other party can be resolved through negotiation, and if the negotiation fails, it can only be resolved by litigation. The law stipulates that those who cause injuries shall be compensated for: medical expenses, lost work expenses, nursing expenses, transportation expenses, hospital meal subsidies, and necessary nutrition expenses.

If it constitutes more than minor injuries, it may be suspected of the crime of intentional injury, and criminal responsibility is pursued in accordance with law, and the court's sentencing will be determined by comprehensively considering factors such as the motive for the crime, subjective malice, harmfulness to society, whether or not it is a recidivist offender, whether there is voluntary surrender, meritorious service, and other mitigating circumstances, as well as the party's attitude toward admitting guilt.

2. Legal basis: Article 7 of the Civil Code of the People's Republic of China.

Where the actor harms the civil rights and interests of others, regardless of whether the actor is at fault or not, and the law provides that tort liability shall be borne, follow those provisions.

2. What should I do if the other party does not compensate for being slightly injured.

If the other party is not compensated for the minor injury, the victim can report to the police, and if mediation fails, the victim may go to the court to sue for compensation. According to the provisions of law, the public security organs may mediate and handle violations of the administration of public security, such as fights or damage to other people's property caused by civil disputes, where the circumstances are relatively minor. 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 violator of the administration of public security in accordance with relevant provisions, and inform the parties that they may file a civil lawsuit in the people's court in accordance with law regarding the civil dispute. If the other party fails to fulfill the compensation obligation within the specified time limit, the victim can apply to the court for enforcement, and if the other party still does not fulfill the compensation obligation, then the court may take measures such as freezing.

If the mediation fails, the other party's sky-high asking price is a civil dispute, and if the mediation fails, it can only be resolved through civil litigation and handed over to the people's court for judgment.

Legal basis: Article 3 of the Civil Procedure Law of the People's Republic of China (2017 Amendment).

The provisions of this Law apply to the people's courts' acceptance of civil lawsuits brought by citizens, legal persons, other organizations, and between them on the basis of property and personal relationships.

There is no criminal liability for minor injuries, only administrative liability (public security penalty) and civil liability. Generally, minor injuries can be mediated by the public security, and no punishment will be imposed after the mediation agreement is reached; If mediation fails, a fine or administrative detention for up to 15 days may be imposed.

Legal basis: Article 43 of the Public Security Punishment Law of the People's Republic of China: Whoever assaults another person or intentionally harms another person shall be detained for not less than 5 days but not more than 10 days and shall also be fined; 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 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, or beating or injuring multiple people at a time.

Legal Analysis: Where the appraisal is a minor injury and the public security organs fail to mediate, the public security organs shall punish the violators of the administration of public security. Those who assault others, or intentionally injure others, are to be detained for between 5 and 10 days, and a concurrent fine of between 200 and 500 RMB, and where the festival is lighter, they are to be detained for up to 5 days or fined up to 500 RMB.

Legal basis: "The People's Republic of China Public Security Administration Punishment Law Ruler Search and Burial".

Article 9: Where the circumstances are more minor, the public security organs may mediate and handle violations of the administration of public security, such as fights or damage to other people's property caused by civil disputes. 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 follow the provisions of this Law to punish the person who has violated the administration of public security by omission or omission, and inform the parties that they may lawfully file a civil lawsuit in the people's court regarding the civil dispute.

Article 13: Whoever assaults another person, or intentionally injures the body of another person, is to be detained for between 5 and 10 days, and is to be fined between 200 and 500 RMB, and if the festival is lighter, he is to be detained for up to 5 days or fined up to 500 RMB.