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Generally, mediation is the mainstay.
Because whoever makes the first move, as long as it causes harm, it may be punished.
If it constitutes a minor injury, it may also be sentenced, but if both parties are willing to accept mediation, the police station may not deal with both parties.
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If it's just a general fight and brawl, and you don't fight back, then the other party is picking quarrels and provoking trouble, you call the police and the other party is fully responsible, and you need to compensate you for all the medical expenses, and if you fight back, it depends on the injuries of both of you, compensate each other, although it is the other party's hand that moves first, but you only have the right to self-defense, and if you scuffle with the other party, more than the authority of self-defense, that is mutual compensation, at this time, it is generally to go to the police station to mediate, as long as it is not a minor injury, generally not much money, And if one side is slightly injured, it is time for the lion to open his mouth.
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If you call the police to deal with it, both parties have to be punished, the other party starts to hit someone, it is the other party's fault first, you can call the police to deal with it, but if you fight back, it is a fight with each other, both sides are at fault, how to deal with it, it depends on the severity and social impact of your fight.
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When you fight with someone, the other party will do it first, as long as you do it, you will be a rich man, and you will be dealt with by beating each other at the police station, there is no way to do this, the law stipulates that the other party can only run if you do it first. In this way, you will be reasonable, as long as you fight each other, you will fight each other.
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Bear with it, don't fight back, and then call the police, unless the other party's family is very thick, otherwise he can be compensated for his bankruptcy.
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The other party makes the first move, if it is not a threat to your life, the two of them are fighting, if it threatens your life, you belong to self-defense.
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If you fight back, it is generally dealt with as a brawl, whoever is injured suffers, and whoever wins loses money.
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You can directly call the police to deal with it, and at this time, don't solve it in private, and call the police is the right way.
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This depends on whether the impact is bad or not, and the attitude of both sides to solve the problem is generally coordination.
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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 first party to do the fault responsibility is larger, 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 needs to be determined by the court in a comprehensive case. If one party assaults the other party without cause, then the injured party can take legitimate self-defense and does not need to bear legal responsibility for the damage caused to the other party.
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'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 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.
Criminal Law of the People's Republic of China" Article 234 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 death. Where this Law provides otherwise, follow those provisions.
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Legal Analysis: Whoever does it first can be punished as long as there is an act of assaulting others and causing some harm.
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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1. The two parties need to bear civil liability for compensation according to the fault of both parties due to the fight caused by civil disputes, generally speaking, the party who does it first has a greater fault liability, of course, if the other party insults and defames first, and the circumstances are bad, then the responsibility is another matter, and the specific liability of both parties needs to be determined by the court in a comprehensive manner. If one party assaults the other party without cause, then the beaten party can take legitimate defense, and the injury caused to the other party does not need to bear legal responsibility. 2. For general mutual assault, if no major harm is caused, the person who does it first may bear greater responsibility.
However, if the result of harm is caused, punishment will be based on the result of injury, and the act of provoking the incident first is only a circumstance to be considered by the judge at his discretion. If one party assaults the other party for no reason, then the beaten party can take legitimate defense, and the injury caused to the other party does not need to bear legal responsibility. 3. 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 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.
Article 43 of the Law of the People's Republic of China on Public Security Administration Punishments: 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 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 blind circumstances, they are to be detained for between 10 and 15 days and fined between 500 and 1,000 RMB: (1) Assaulting or injuring others in a group; 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.
Regardless of who makes the first move, in accordance with the public security administrative punishment regulations, if the injury is caused to the other party, the loss shall be compensated, and if the victim's injuries are assessed as minor injuries, they shall bear criminal responsibility, and both parties have intentional injuries, and criminal or civil liability shall be pursued in accordance with law in accordance with the results of the injury evaluation as the standard for distinguishing responsibility. 1. If one party injures the other party and the injury is minor, the criminal responsibility of one party shall be pursued for the crime of intentional injury. 2. If the injury reaches a minor injury (above), you can request that the other party be held criminally liable and civil liability; If the injury is minor, the other party can be required to bear civil liability, and if the police station cannot mediate, it can directly go to the court to sue. >>>More
I don't know, but I think.
Hit is hit. Scolding is scolding. >>>More
You still need a lawyer! If you snatch his knife and hurt him, it's none of your business. Now it's your own knife ......You'll have to find a way to mitigate the charge. >>>More
It is better to go to the public security bureau to turn himself in, and the other party can also be punished lightly if he is at fault, so that he may not need to be detained, fined a few hundred, and compensated for some medical expenses.
If there is an argument between the two parties at the wine table, and the other party makes the first move, and then asks the two to participate with weapons, and neither party constitutes a minor injury, then it is an ordinary fight or picking quarrels and provoking trouble. Both parties can settle the matter at the police station.