Laws, regulations and rules, legal principles and legal rules

If it is a general act of assault, it is.

Article 43 of the Law of the People's Republic of China on Public Security Administration Punishments: Whoever assaults another person, or intentionally harms the body of another person, is to be detained for not less than 5 days but not more than 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.

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.

If it is a gang fight or beating others for no reason, it is picking quarrels and provoking trouble, and it is applicable.

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.

Serious cases may involve criminal offences.

Article 292 of the Criminal Law: Where a crowd is assembled to fight, the ringleaders and others who actively participate are sentenced to up to three years imprisonment, short-term detention or controlled release; 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 heinous social impact; (3) Gathering crowds to fight in public places or on major transportation routes, causing serious disorder in social order; (4) Assembling a crowd to fight with weapons. 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 232:Whoever intentionally kills a person shall be sentenced to death, life imprisonment, or fixed-term imprisonment of not less than 10 years; where the circumstances are more minor, the sentence is between three and ten years imprisonment. 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.

In criminal terms, it does not necessarily constitute a crowd fight, and it can also be the crime of intentional injury, but the distinction between these two crimes is relatively controversial.

It depends on the severity of the victim's injuries, if they constitute minor injuries, they will involve a criminal offense, and if they do not constitute minor injuries, they can only be dealt with as public security management. 1. If a crime is constituted and there are circumstances of voluntary surrender, it may be used as a statutory sentencing circumstance for mitigating or mitigating punishment, and if the crime is relatively minor, punishment may be waived. How to judge the lesser crime here depends on the specific circumstances.

2. If it only violates the Public Security Administration Punishment Law, then you can refer to the relevant provisions of the Law: Article 43: Whoever assaults another person, or intentionally harms another person's body, is to be detained for not less than 5 days but not more than 10 days, and 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) 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. 3. Civil compensation: According to the actual loss, it is not as much as he wants, which requires various invoices, receipts, etc. to support his request.

Xinjiang Century Bond Detective Agency.

The principle of legal slag refers to the guiding principles and norms of legal activities that reflect a certain content of the law. The law confirms the requirements of certain regularity of social life and state activities. A legal principle is a fundamental truth or principle of law, or a comprehensive principle or starting point that provides the basis or origin for other elements of law.

A legal rule is a norm or standard that stipulates legal rights, obligations, and responsibilities, or an instruction or regulation that gives legal meaning to a certain state of fact. The rules of law are the main elements that make up the law. The superior concept of good luck in the rule of law is the norm of law.

To put it simply, legal principles are generalizations, and legal rules are specific.

A legal letter is a form in which a rule of law is expressed; A rule of law is what the letter of the law is intended to express. The relationship between legal rules and legal provisions is generally corresponding. However, we see in the legal text that the situation in which the legal rules are expressed is different, specifically, there are roughly the following prominent situations:

A complete rule of law is expressed in several legal texts. The content of legal rules is expressed by the legal provisions of different normative legal documents. A provision expresses different rules of law or its elements.

The provisions of the legal key omission provide for only one or more elements of the rule of law. A legal rule is a norm that has been established or endorsed by the state regarding the order, permission and prohibition of people's actions or activities.

Article 1079 of the Civil Code of the People's Republic of China: Where one of the spouses requests a divorce, the relevant organizations may conduct mediation or directly file a divorce lawsuit with the people's court. People's courts hearing divorce cases shall conduct mediation; If the relationship has indeed broken down and mediation fails, the divorce shall be granted. In any of the following circumstances, if mediation fails, a divorce shall be granted:

1) bigamy or cohabitation with another person; (2) Committing domestic violence or abusing or abandoning family members; (3) Having gambling, drug abuse, or other vices that have been repeatedly taught; (4) Separated for two years due to emotional discord in Sou Yan; (5) Other circumstances that lead to the breakdown of the relationship between husband and wife.

1. What is the difference between legal principles and legal rules?

1. The differences between legal principles and legal rules are as follows:

1) Legal rules are more specific legal principles, while legal principles do not specifically set the content of rights and obligations, but only stipulate directions;

2) in terms of scope of application, only one rule can be applied to a case, while the scope of application of the principle is much broader;

3) In terms of application, the rule of law is applied in an "all-or-nothing" manner. This is not the case with legal principles.

Legal basisArticle 10 of the Civil Code of the People's Republic of China.

Application of Law] The handling of civil disputes shall be in accordance with the law; Where the law does not provide for it, custom may be applied, but it must not be contrary to public order and good customs.

2. The difference between legal principles and legal rules.

1. The content is different:

1) The requirements of legal principles are relatively general and vague, and they do not set clear and specific assumptions in advance, let alone clear legal consequences;

2) the provisions of the legal rules are clear and specific, and they focus on the commonality of the subject's behavior and various conditions (situations); Its specific purpose is to weaken or prevent "discretion" in the application of the law.

2. The scope of application is different

1) Legal principles have a greater coverage and abstraction of human behavior and its conditions, and they are the common value norms of a certain type of behavior generalized from social life or social relations, a certain legal department or even the entire legal system, and have a macro guiding nature, and their scope of application is broader than that of legal rules;

2) Legal rules are only applicable to a certain type of conduct due to their specific and clear content.

3. Different roles:

1) Legal principles are also an indispensable part of the legal system and norms, and they are the origin and basis of legal rules; They can reconcile the contradictions between the rules in the legal system, make up for the deficiencies and limitations of the rules of legal leniency, and they can even be directly used as a juxtaposition for judgesLegal basis；At the same time, through the guidance of judges' "discretion" and leniency, legal principles can not only ensure the individual justice of individual cases and avoid the substantive injustice that may be caused by rigidly applying the rules of law, but also make the legal system have a certain degree of elasticity and tension, so that the legal rules can maintain stability and stability to a greater extent.

2) Legal rules have the obvious characteristic of being stronger than legal principles, that is, judges are less likely to deviate from the rules and make rulings than principles.