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First, the victim should promptly report to the police, and then conduct a forensic medical evaluation, based on the results of which the legal responsibility of the beater is decided.
1. If the injury is slight, the public security organ shall impose a public security penalty on the beater, and bear the victim's medical expenses, lost work expenses, and other expenses.
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.
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. ”
2. If the evaluation result is a minor injury, the public security organs shall file a case for investigation and pursue the criminal responsibility of the beater. If the public security organ refuses to file a case, it may file a private criminal prosecution in the people's court and demand that the perpetrator be investigated for criminal responsibility. Regardless of whether it is a public prosecution or a private prosecution, an attached civil lawsuit can be filed at the same time to demand compensation for medical expenses and other expenses from the other party.
Article 234 of the Criminal Law [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.
3. The scope of civil compensation is based on the provisions of Article 17 of the [Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases], including medical expenses, lost work expenses, nursing expenses, transportation expenses, accommodation expenses, hospital meal subsidies, necessary nutrition expenses, and so forth.
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Of course, there is responsibility.
It's just that there is no criminal punishment.
Parents still have to lose money.
Maybe he will be sent to a juvenile detention center for education. Hope.
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If the situation is serious, it is still responsible, and now there are juvenile education centers, which are almost closed. If you do, your life will be over.
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Junior high school students under the age of 14 get into fights, and the specific handling is as follows:
1. If a minor under the age of 14 fights, after reporting to the police, the two parties will generally mediate and ask their guardians to strengthen discipline;
2. If the forensic evaluation reaches a slight injury or more, it constitutes the crime of injury, and if it is a minor injury, it does not constitute a crime. When sentencing, the punishment shall be mitigated and commuted. As far as their civil liability is concerned, a 14-year-old boy is a person with limited civil capacity, and if a person with civil capacity or a person with limited civil capacity causes harm to others, the guardian shall bear civil liability.
Where a guardian has fulfilled his guardianship responsibilities, his civil liability may be appropriately reduced;
3. Where serious consequences are caused and the age of criminal responsibility is reached, criminal responsibility may be pursued;
4. Those who intentionally injure the body of others are to be detained, detained for not less than 5 days but not more than 10 days, and fined between 200 and 500 RMB;
5. Initiate a civil lawsuit with the people's court in accordance with the law.
Legal basisArticle 9 of the Law of the People's Republic of China on Public Security Administration Punishments.
Where the circumstances are relatively 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 punish the violator of the administration of public security in accordance with the provisions of this Law, and inform the parties that they may lawfully file a civil dispute lawsuit with the people's court.
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