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If there is a fight, it is generally not possible to divide the case, but if there are multiple fights and brawls, and the participants are not exactly the same, they can be handled separately.
Public Security Administration Punishment Law: Article 43 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 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.
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Fights and brawls are inherently right and wrong, and unless they are of a nature of picking quarrels and provoking troubles, all fights and brawls are legally recognized as the party at fault. However, cases of injuries caused by the act of fighting and brawling can be dealt with separately. For example, if one party is slightly injured and the other party is slightly injured, one party will be administratively detained and the other will be criminally detained.
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It is best to call the police and hand it over to ** to deal with it more appropriately.
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It depends on the specific circumstances of the case, if it constitutes more than minor injuries, it is suspected of the crime of intentional injury, and criminal responsibility is pursued in accordance with law; where it is not sufficient for criminal punishment, the public security organs are to give public security administrative sanctions in accordance with this Law.
Law of the People's Republic of China on Public Security Administration Punishments
Article 2: Where public order is disrupted, public safety is endangered, personal rights or property rights are violated, social management is obstructed, and a crime is constituted in accordance with the provisions of the Criminal Law of the People's Republic of China, criminal responsibility is pursued in accordance with law; where it is not sufficient for criminal punishment, the public security organs are to give public security administrative sanctions in accordance with this Law.
Article 9: 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 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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1. How to deal with land disputes and fights
1. Ten days of detention and a fine are generally imposed.
2. If the circumstances of the fight are minor and there are no serious consequences, the public security punishment shall be imposed in accordance with the "Public Security Punishment Law";
3. If the circumstances are serious and cause serious consequences, they shall be punished for the crimes of assembling a crowd to fight and intentionally injuring others in accordance with the provisions of the Criminal Law. Depending on the severity of the circumstances, if more than minor injuries are caused, the crime of intentional injury is constituted and a sentence is imposed.
4. Legal basis: Criminal Law of the People's Republic of China
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, and whoever commits the crime in the preceding paragraph and causes serious injury shall 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.
2. How to deal with land disputes
The procedure for dealing with land tenure disputes is:
1. Negotiation. Disputes arising from land use rights may be resolved through negotiation;
2. Mediation. The parties may resolve their disputes through mediation;
3. Arbitration. If the parties are unwilling to negotiate or mediate, or if the negotiation or mediation fails, they may apply to the arbitration institution in the jurisdiction for arbitration;
4. Litigation. According to the content of the dispute, a lawsuit shall be filed directly with the people's court, and neither party shall change the status quo of land use until the dispute over land ownership and use rights is resolved.
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The handling methods are as follows: 1. The public security organs may mediate and deal with "fights and brawls" caused by land 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.
2. If no agreement is reached through mediation or no agreement is reached after reaching an agreement, the public security organ shall detain the person for not less than 5 days but not more than 10 days and impose a fine of not less than 200 yuan but not more than 500 yuan, and inform the parties concerned that they may file a civil lawsuit with the people's court in accordance with the law regarding the land dispute. Article 43 of the Public Security Administration Punishment Law 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 not less than 200 yuan but not more than 500 yuan; where the circumstances are relatively 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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Legal analysis: According to the specific facts of the case, if it constitutes more than minor injuries, it is suspected of the crime of intentional injury, and criminal responsibility shall be investigated in accordance with the law; where it is not sufficient for criminal punishment, the public security organs are to give public security administrative sanctions.
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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How to deal with peasant disputes and fights should be handled separately by the police station or the public security bureau according to the degree of harm caused: 1. If the injury below the slight injury is caused, it is a public security case, and the public security organ shall impose a fine and detain it. 2. If more than minor injuries are caused, and the crime of intentional injury is suspected, it shall be transferred to the procuratorate for prosecution after ascertaining the facts of the case.
3. If it does not constitute a minor injury or above, the two parties can negotiate and deal with it, and if the negotiation fails, the injured party may file a lawsuit with the people's court.
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 harms another person shall be detained for not less than 5 days but not more than 10 days and shall 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.
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Legal analysis: According to the relevant provisions, if the dispute over land ownership and use rights is resolved by the parties through negotiation, it shall be handled by the people. Disputes between units shall be handled by the people at or above the county level, or between individuals and units, and shall be handled by the people at the township level or the people at or above the county level.
Where parties are dissatisfied with the disposition decision of the relevant people, they may file a lawsuit with the people's court within 30 days of receiving the notice of the disposition decision. Before the dispute over land ownership and use rights is resolved, neither party shall change the status quo of land use.
Legal basis: "Law of the People's Republic of China on Public Security Administration Punishments" Article 43 Whoever assaults another person or intentionally harms 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 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 handling methods are as follows: 1. The public security organs may mediate and deal with "fights and brawls" caused by land 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.
2. If no agreement is reached through mediation or no agreement is reached after the agreement is reached, the public security organ shall detain the person for not less than 5 days but not more than 10 days and impose a fine of not less than 200 yuan but not more than 500 yuan, and inform the parties concerned that they may file a civil lawsuit with the people's court in accordance with the law regarding the land dispute.
Public Security Administration Punishment Law: Article 43 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 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) Forming a group 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.
1. If the circumstances of the fight are relatively minor and the injuries are less than slight, the person who violates the administration of public security shall be punished in accordance with the provisions of the "Law on Penalties for the Administration of Public Security". Where, after mediation by the public security organs, the parties reach an agreement, they are not to be punished. >>>More
Calm... Maintain a calm mind, and occasionally sit (meditate) and meditate. Use your breath to regulate your mood. >>>More
The punishment is too much. It stands to reason that both sides are at fault, and if you explain it, the school should not be so cruel to you, and it will be more beneficial to you if there are witnesses. Unless that teacher has a grudge against you! >>>More
Injuries caused by fights and brawls are generally subject to administrative detention for up to 10 days. >>>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!