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You are primarily responsible, and he is secondarily responsible.
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Legal analysis: the two parties due to civil disputes caused by the fight, need to bear civil liability according to the fault of both parties, generally speaking, the party that is the first to do the first party is more responsible, of course, if the other party insults, slander first, the circumstances are bad, then the responsibility is another matter, the specific size of the responsibility of both parties is required by the court to determine the whole case. 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.
If more than minor injuries are caused, the crime of intentional injury is constituted and a sentence is to be imposed. The act of fighting is a violation of the state's public security regulations and will be subject to administrative punishment, and if the circumstances are very serious and will result in a criminal offense, then the fight must be involving two or more parties.
Legal basis: "Public Security Administration Punishment Law of the People's Republic of China" Article 9: 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, 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 lawsuit with the people's court regarding the civil dispute.
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Legal Analysis: If a fight causes more than minor injuries, it is suspected of the crime of intentional injury, and criminal responsibility shall be borne in accordance with law.
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.
Legal basis: Article 234 of the Criminal Law of the People's Republic of China: Whoever intentionally harms 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.
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If it is a fight, both parties are responsible.
If it is a fight, one party is identified as having minor injuries, and is suspected of a criminal offense of intentional injury, and needs to bear corresponding legal responsibility in accordance with the law. In the case of personal injury causing losses to others, the parties shall bear the corresponding tort liability in accordance with law. There is no reason for reducing compensation.
When two people fight, their responsibility is generally divided according to the consequences of the harm caused by each of them. Fights and brawls shall be distinguished between public security cases and criminal cases based on the specific circumstances, and then convicted and punished in accordance with the Public Security Administration Punishment Law or the Criminal Law.
There are three conditions that must be met to start a fight and start a case:
1. The facts of the case should be clearly distinguished;
2. It is not possible to conduct a trial in a block area;
3. Sufficient evidence must be erected.
1. How to determine mutual assault in public security cases.
It is generally determined that after the party is beaten by the other party, he does not leave the scene to avoid being beaten when he is conditional, and the model leader is entangled with the other party at the scene and beats the other party, which is generally determined to be a mutual assault. Fights and brawls shall be distinguished from public security cases or criminal cases based on the specific circumstances, and then convicted and punished in accordance with the "Public Security Administration Punishment Law" or the "Criminal Law", and their responsibilities are generally divided according to the consequences of the harm caused by each.
Where one party causes injury to the other party, detention and a fine are to be imposed; if the circumstances are serious, the period of detention and the amount of the fine will be increased relatively; Among them, those who beat or injure a disabled person, a pregnant woman, a person under the age of 14, or a person over the age of 60, or who repeatedly assaults or injures another person, or who assaults or injures multiple people, are to be detained for not less than 10 days but not more than 15 days, and shall also be fined between 500 and 1,000 RMB. If there is a gathering of fights, the parties involved in the fight shall be punished, and those who intentionally injure others 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.
2. What should I do if the person who beats someone does not accept mediation.
Where mediation is not accepted in a fight, the public security organs may first review the case in isolation, analyze the circumstances of the case, and make a plan to handle it. Those who are not satisfied may file a lawsuit with the people's court. Both sides of the fight are responsible.
Fights shall be distinguished between public security cases and criminal cases based on the specific circumstances, and then convicted and punished in accordance with the Public Security Administration Punishment Law or the Criminal Law.
Article 234 of the Criminal Law provides 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.
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 several sentences of death. Where this Law provides otherwise, follow those provisions.
In this case, let's talk about the civil part first: there are two tortious issues of intentional injury between you, and you have to be liable for each other's compensation, not to say that whoever is seriously injured should be compensated to whom, but both parties should compensate each other, but it is just a matter of paying more and less according to the severity of the injury. This is called "mixed fault" in civil law. >>>More
Both parties to a fight are responsible, and a fight or brawl shall be distinguished between a public security case and a criminal case based on the specific circumstances, and then convicted and punished in accordance with the Public Security Administration Punishment Law or the Criminal Law. >>>More
For general cases of fighting, what should the police station do? >>>More
First of all, you have to have absolute power to suppress them, and if you can do it with one punch, you'll be absolutely fine. Second, you have to be prepared to be beaten by the others when you fight one of them, which is what we call defense. Third, the fight should be ruthless, it is best to be able to beat the first person down before their people come up, and when the momentum is out, the others will not dare to come up, if the others come up, you can only catch one and fight.
Of course, he is responsible, as the person in charge of the enterprise, he can't even solve this kind of thing immediately, and he should be held responsible. I think the unit should be held accountable in general, and if it can't be negotiated, it will be sued.