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The method for handling cases of fighting disputes is as follows: where the circumstances are minor, the public security organs will first conduct mediation, and if an agreement is reached through mediation, no punishment will be imposed; Where mediation fails to reach an agreement or fails to perform after reaching an agreement, 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 initiate a civil lawsuit in the people's court in accordance with law regarding the civil dispute.
[Legal basis].Article 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 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.
Article 234 of the Criminal Law.
Whoever intentionally injures the body of another person is to be sentenced to up to three years imprisonment, 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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Legal Analysis: How to Deal with Disputes and Fights: If there is a violation of the administration of public security, such as fighting or damaging other people's property, and the circumstances are relatively minor, the public security organs can mediate and deal with it.
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 reached after an agreement is reached, the public security organs shall punish the violator of the administration of public security in accordance with regulations.
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 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) Assaulting or injuring persons with disabilities, pregnant women, persons under the age of 10 or 4, 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: If the circumstances of the fight dispute are relatively minor, the public security organ can handle it through mediation. 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 reached after an agreement is reached, the public security organs shall punish the violator of the administration of public security in accordance with provisions, and inform the parties that they may lawfully initiate a civil lawsuit in the people's court regarding the civil dispute.
Legal basis: "The People's Republic of China Public Security Administration Punishment Law" Article 43 Whoever assaults another person, or intentionally harms the body of another person, is to be detained for not less than 5 days but not more than 10 days, and is also fined between 200 and 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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How to deal with dispute fight cases? --- a fight, --- the police --- police station dispatched to the police --- the scene to understand the situation, register the names of both parties and the surrounding area, and look for evidence --Bring it back to the police station to verify --- identity--- the injury is serious, go to see a doctor by yourself first--- some are not local household registration personnel, and may go to see a doctor accompanied by the police throughout the whole process--- pay for the medicine by themselves--- and conduct formal questioning of both parties (all are audio and video) -- at the same time confirm whether the case is --- disposed of within 8 hours, if the time is not enough, it will be extended to 24 hours--- according to the actual situation, see whether it can be mediated, Wu Xiao--- inform the record (that is, the party's behavior constitutes what kind of violation may be punished)-- Report to the higher authorities for examination and approval--- detention fines --- sent to the detention center. Added:
Because the circumstances of each specific case are different, the provisions of the law are relatively general, and the specific case analysis shows that the same behavior may have different results under different motives and ideas of different people. How long does it take for the police to deal with a fight or brawl case in general If it is a general fight and brawl case, it should generally not exceed 30 days when there is no need to pursue criminal responsibility. Article 141 of the "Provisions on the Procedures for the Handling of Administrative Cases by Public Security Organs" (Order No. 125 of the Ministry of Public Security) The time limit for public security organs to handle public security cases must not exceed 30 days from the date of acceptance; Where the case is major or complicated, an extension of 30 days may be granted upon approval by the public security organ at the level above.
Where there is a legally-prescribed time limit for handling other administrative cases, it is to be handled in accordance with the relevant legal provisions. The period for conducting evaluations in order to ascertain the facts of the case is not included in the time limit for handling cases. Where an administrative disposition decision cannot be made within the legally-prescribed time limit due to objective reasons such as the escape of the person violating the administration of public security, the public security organs shall continue to investigate and collect evidence, explain the circumstances to the victim, and promptly make a disposition decision in accordance with law.
Administrative Punishment for Fighting and Brawling (Public Security Punishment) According to the Law on the Punishment of the Public Security Administration, a person who 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. 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 beating or injuring 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 are a gang to beat or injure others, you will be detained for not less than 10 days but not more than 15 days, and you will also be fined not less than 500 yuan but not more than 1,000 yuan. Fight cases often occur, the police have become accustomed to the way of handling, and in the end, it is the two parties to mediate, determine the compensation for medical expenses, etc., if the two parties are unwilling to adjust, then through the court appeal to determine the responsibility, so as to finally determine the amount of compensation. Fighting is an impulsive act of an individual, so the police are willing to give them a chance to communicate and minimize the maximum damage.
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