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1. The fights and brawls caused by civil disputes between the two parties need to bear civil liability according to the fault of both parties, generally speaking, the party who acts first is more responsible for the fault, of course, if the other party insults and slanders first, and the circumstances are heinous, then the liability is another matter, and the specific size of the responsibility of both parties needs to be determined by the court in a comprehensive manner.
If one party assaults the other party without reason, then the beaten party can take legitimate defense, and the injury caused to the other party does not need to bear legal responsibility.
2. Law on Public Security Administration Penalties
Article 43: Those who assault others, or intentionally injure others, 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.
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. If more than minor injuries are caused, the crime of intentional injury is constituted and a sentence is to be imposed. Sentenced in accordance with the terms below. According to the Criminal Code.
Article 234 stipulates that 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.
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. 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.
If you still have questions about this issue, it is recommended that you organize the relevant information and communicate with a professional in detail.
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Call the police first, if both parties are not injured, the police station will educate and then release, if one party is injured and one party is not injured, negotiate medical treatment and compensation and other aftermath matters; Write down the content of the conversation and negotiation into a transcript, and both parties confirm and sign after looking at it; If one or both parties are minors, the police station notifies the parents to come and collect them; Both are adults, released after education; Where a person who causes injury is suspected of a criminal offense, he or she is to be sent to a detention center for detention. Article 9 of the "Law of the People's Republic of China on Public Security Administration Punishments" provides that the public security organs may mediate and deal with 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 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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The two parties need to bear civil liability for compensation according to the fault of both parties due to the fight caused by a quarrel, and generally speaking, the party who makes the first move is more responsible for the fault. Whoever violates the provisions of the "Public Security Administration Punishment Law" at the same time by assaulting others, or intentionally injuring others, 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.
Legal basis for ridge excavation].
Article 43 of the Public Security Administration Punishment Law stipulates that anyone who beats up a 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. 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.
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If the fight is less than a minor injury, it is generally a relatively minor offense and will be punished by public security, and if it constitutes a minor injury or more, it constitutes a crime, but after obtaining the victim's forgiveness, the public security organ will appropriately reduce the punishment and will sentence a sentence of up to three years imprisonment or short-term detention, and if the circumstances are more serious, a sentence of more than three years imprisonment will be given.
1. Both parties to the fight are slightly injured, and the rent can be mediated, and both parties can not be investigated for criminal responsibility after mediation;
2. If the mediation fails, the public security organ will investigate the criminal responsibility of both parties, transfer it to the procuratorate for review and prosecution, and then the two parties will submit a claim for compensation for the criminal case attached to the civil case, and the court will make a judgment.
Fighting, also known as brawl, refers to a subjective conscious behavior in which two or more opposing parties, when the contradiction develops to the extreme, is characterized by violent tendencies and the purpose of causing physical harm to others. Regardless of the cause or purpose of such an act, it is an irrational and uncivilized act, and serious fights may even violate the "Criminal Law of the People's Republic of China." Therefore, when dealing with fighting incidents, it is necessary to adopt different ways and methods according to the situation. Minor injuries caused by a fight are punishable by imprisonment of up to three years, criminal detention or public surveillance.
If the criminal suspect has a good attitude in admitting guilt, actively compensates the victim, and obtains the victim's forgiveness, the punishment can be commuted in accordance with the law.
Minor injuries are injuries caused by various external factors acting on the human body, causing slight damage to local tissues and organ structures or mild transient dysfunction. Generally, minor injuries have no effect on the normal physiological function and appearance of the human body after healing, or have little or no impact. Medical expenses, lost work expenses, nursing expenses, transportation expenses, hospital meal subsidies, necessary nutrition expenses, and if disabled due to injury, the necessary expenses incurred due to increased living needs and the loss of income caused by loss of working ability, including disability compensation, disability assistive device expenses, living expenses of dependents, and necessary expenses, nursing expenses, and follow-up expenses actually incurred due to nursing care and continuation.
Legal basis
Law of the People's Republic of China on Public Security Administration Punishments
Article 43: Those who assault others, or intentionally injure others, 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. 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.
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The division of responsibility for the fight between the two parties is mainly judged according to the degree of fault of both parties and the damage caused to the source. Those who assault others, or intentionally injure others, are to be detained for between 5 and 10 days and fined between 200 and 500 RMB. where the circumstances are serious, causing minor injuries or more injuries, constituting the crime of intentional injury.
In cases of fights or intentional injuries, the police should be promptly called, and after the public security organs accept it, issue a power of attorney for the victim to evaluate the injuries within 24 hours, and go to a designated forensic evaluation institution to conduct a forensic evaluation, and based on the different injuries, the results are divided into serious injuries level 1 and serious injuries level 2; Minor injuries of the first degree, minor injuries of the second degree; Minor injuries. Where the victim's injuries are serious or minor, and the suspect violates the Criminal Law, constituting the crime of intentional injury, and criminal responsibility is to be pursued and sentenced to more than three years in prison, or less than three years, and the victim initiates a civil lawsuit attached to the criminal case to the court demanding compensation for economic losses, and there is no solatium for mental damages, and the defendant compensates the victim for economic losses, a lighter punishment may be given.
Where the level of disability might be constituted, at the same time that the public security organs are pursuing the suspect's criminal responsibility, and the victim initiates a civil lawsuit attached to the criminal case to the court, demanding that the defendant compensate for economic losses, they may apply to the court to entrust a forensic appraisal body to conduct an evaluation of the level of disability; The victim's injuries were minorLegal basis
Law of the People's Republic of China on Public Security Administration Punishments
Article 43: Those who assault others, or intentionally injure others, 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.
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.
Generally speaking, a fight is civil, and you are the instigator of the fight, although you are not directly involved, but you instigate it. Therefore, the public security organs need to ask you to ask the reason and motive, there is always a reason for this kind of fight! >>>More
You have to be patient and educate him that the way of dealing with things does not need to be solved by fighting, fighting is not right, fighting must be stopped, and the child's temper is affected by many factors, which may not be aware of it. I suggest you go to learn about Huiteng Youth Growth School, Huiteng Youth Growth School was co-founded by the first batch of national psychological counselors, with a strong sense of social responsibility to help teenagers with violent tendencies and other bad behavior habits out of psychological difficulties, correct behavioral deviations, and simultaneously formulate family training programs, revise the family education model, is for "problem teenagers" to carry out "psychological counseling - behavior correction - cultural tutoring - continuing education" four-in-one mental health education service institutions. Lead lost children and their families to the path of health, happiness, wisdom and harmony. >>>More
If the mediation fails, a civil lawsuit can be filed.
Article 9 of the Law on Public Security Administration Punishments: Where violations of the administration of public security, such as fights or damage to other people's property caused by civil disputes, are relatively minor, the public security organs may mediate and handle them. Where the public security organs mediate and the parties reach an agreement, punishment is not to be given. >>>More
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. >>>More
If there is a fight between the internal personnel of the construction site, the situation is generally handled by the construction site itself, and both parties have no opinion on the result, then the matter ends here. If you are not satisfied, then you can only call the police to deal with it, and if the police deal with it, the matter may be a little big, and there will be fines and detentions, so for the sake of harmony, try to deal with it internally!