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This is a manifestation of social progress, fighting is originally an obstacle to social development, causing instability to the society, the gentleman does not move, the laws and regulations are becoming more and more perfect, and the evil forces are becoming more and more strict, just like Meituan, Ele.me is also very strict with the requirements for riders, so as to obtain better service efficiency, and only severe punishment can reduce the occurrence of such things. This is a manifestation of social progress, fighting is originally an obstacle to social development, causing instability to the society, the gentleman does not move, the laws and regulations are becoming more and more perfect, and the evil forces are becoming more and more strict, just like Meituan, Ele.me is also very strict with the requirements for riders, so as to obtain better service efficiency, and only severe punishment can reduce the occurrence of such things. This is a manifestation of social progress, fighting is originally an obstacle to social development, causing instability to the society, the gentleman does not move, the laws and regulations are becoming more and more perfect, and the evil forces are becoming more and more strict, just like Meituan, Ele.me is also very strict with the requirements for riders, so as to obtain better service efficiency, and only severe punishment can reduce the occurrence of such things.
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Because the leaders have changed, and now even if you don't fight, you can be detained if you scold at the subway station. Once they do it, they must be detained, regardless of whether they are injured or not.
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Because times are changing. The law has also become very strict.
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Legal analysis: Because you have been slightly injured by hitting someone and laughing, there may be two kinds of punishments, one is that according to the Public Security Administration Punishment Law, you may be detained for five to ten days and fined 200 yuan to 500 yuan, and the other is according to the criminal law, because the case of minor injury is a private prosecution case, that is, the victim himself sues the court for the crime of intentional injury, and may be sentenced to up to three years in prison.
Legal basis: "Law of the People's Republic of China on Public Security Administration Punishments" Article 9 For violations of the administration of public security such as fights or damage to other people's property caused by civil disputes, the public security organs may mediate and deal with them. 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 violators of the administration of public security in accordance with the provisions of this Law, and inform the parties that they may lawfully initiate a civil lawsuit in the people's court regarding the civil dispute.
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Legal analysis: According to the laws of our country, it is generally 5 to 15 days of detention and fine, and it is necessary to compensate the victim for medical expenses, etc., and there is no situation where no money is not paid.
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 between 200 and 500 RMB; where the circumstances are more subtle, 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 a person with a disability, 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.
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Article 80 of the Criminal Procedure Law: Public security organs may detain current offenders or major suspects in any of the following circumstances:
1) They are preparing to commit a crime, committing a crime, or are discovered immediately after committing a crime;
2) The victim or a person who witnessed it at the scene identified him as having committed the crime;
3) Evidence of a crime is found in the vicinity or residence;
4) Attempting suicide, escaping, or being at large after committing a crime;
5) There is a possibility of destroying or fabricating evidence or colluding confessions;
6) Not telling their real name or address, and their identity is unclear;
7) There is a major suspicion of committing a crime on the go, committing a crime multiple times, or committing a crime in a group.
If the injury is slight, the public security organ will impose a public security penalty on the beater, and at the same time, the aggressor will also have to bear the victim's medical expenses and lost work expenses. It is an inevitable requirement for continuing to deepen the emancipation of the mind and pushing forward the great cause of reform and opening up under the conditions of the new era. We should focus on the overall international environment and the general trend of world development, fully understand the importance and urgency of promoting national unity and progress from the strategic high plane of ensuring the country's long-term peace and stability, enhance our sense of political responsibility and historical mission, and constantly push the cause of national unity and progress to a new stage.
The law stipulates that: 1. Article 43 of the "Public Security Administration Punishment Law": "Whoever beats 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 yuan.
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. The scope of civil compensation is in accordance with 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, etc.
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Legal analysis: Changsun needs to analyze the specific circumstances of the case, and if he does not participate in the fight, he will not be legally responsible. However, if they do not do anything, but they help the beater to watch the wind, command, or even actively instigate the planning, it is a joint crime, and criminal responsibility must be pursued, and the specific number of days of detention depends on the condition of the other party's injuries.
Legal basis: Article 26 of the "Public Security Punishment Law" stipulates that anyone who commits any of the following acts shall be detained for not less than 5 days but not more than 10 days, and may also be fined up to 500 yuan; 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 appropriating public or private property;
4) Other acts of picking quarrels and provoking trouble.
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Legal analysis: For acts that disrupt public order, impede public safety, infringe on personal rights and property rights, and obstruct social management, the relevant departments may punish them according to the circumstances and make administrative detention, not based on whether they have done it or not, but on the severity of the circumstances.
Legal basis: Article 10 of the Law of the People's Republic of China on Public Security Administration Punishments The types of public security administrative punishments are divided into: (1) warnings; (2) Fines for loss of wheel yards; (3) Administrative detention; (4) Revoke permits issued by public security organs.
Foreigners who violate the public security management model may be subject to an additional time limit for leaving the country or deportation.
Administrative Punishment Law of the People's Republic of China
Article 8: Types of administrative punishments: (1) warnings; (2) Fines; (3) Confiscation of unlawful gains and confiscation of illegal property; (4) Ordering the suspension of production and business; (5) Temporarily withholding or revoking permits, or suspending or revoking licenses; (6) Administrative detention; (7) Other administrative punishments provided for by laws and administrative regulations.
Article 30: Where citizens, legal persons, or other organizations violate the order of administrative management and shall be given administrative punishments in accordance with law, the administrative organs must ascertain the facts; Where the facts of the violation are unclear, administrative punishments must not be given.
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