On the issue of accountability for wounding people with weapons

It can be pursued that in this case, the network administrator, as an employee of the owner of an Internet café, caused damage to others while engaging in employment activities, and the boss, as the employer, should be liable for compensation, and the network administrator should be jointly and severally liable with the boss for intentionally causing damages. Article 9 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases : Where an employee causes injury to another person in the course of employment activities, the employer shall be liable for compensation; If an employee intentionally or grossly negligently causes damages, he shall be jointly and severally liable with the employer for compensation.

If the employer bears joint and several liability for compensation, it may recover compensation from the employee.

"Engaging in employment activities" as used in the preceding paragraph refers to engaging in production and business activities or other labor activities within the scope authorized or instructed by the employer. Where an employee's conduct exceeds the scope of authorization, but its expression is in the performance of duties or is intrinsically related to the performance of duties, it shall be found to be "engaging in employment activities".

If the reply is satisfactory, don't forget to give one, hehe.

If an employee causes damage to another person in the course of employment activities, the employer shall be liable for compensation; If an employee intentionally or grossly negligently causes damages, he shall be jointly and severally liable with the employer for compensation. If the employer bears joint and several liability for compensation, it may recover compensation from the employee.

Yes, it should be that the network management belongs to the Internet café, and the boss should be held responsible, thank you, 2000, who to send.

According to the analysis of the specific case, but in any case, the owner of the Internet café needs to bear at least part of the responsibility.

Zheng Lisheng, a lawyer from Zongheng Legal Network.

Legal analysis: It is not allowed by law to injure people with weapons, and if the consequences are serious, it will constitute a criminal offense and the party will be held criminally responsible. Minor injuries are minor injuries that are generally subject to public security administrative penalties.

Legal basis: Article 43 of the "Public Security Administration Punishment Law of the People's Republic of China" Whoever assaults another person, or intentionally harms the body of 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.

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 one time.

Legal analysis: Where there is intentional minor injury, there is no problem of criminal attempt, that is, where the perpetrator subjectively only wants to cause minor injuries, but in fact does not cause or cause minor injuries, it is not to be punished as a crime. Where the intent to harm is very obvious, and the act of harm has already been initiated, and the act of harm has not been carried out for reasons other than will, it shall be punished as an intentional injury (attempt).

Where an actor who meets the requirements of the main body of the crime commits an act of harm under the control of intentional harm, causing bodily harm to others, and the level of slight injury is reached, it may be found that the crime of intentional injury has been completed. Where intentional injury causes serious injury, there are two situations: one is that the perpetrator clearly has the intent to only cause minor injury, but negligence causing serious injury is the perpetrator's obvious intent to seriously injure and objectively cause serious injury.

Intentional injury resulting in death is a typical aggravating circumstance. Where intentional injury does not result in death, it must not be found to be an attempted offense to intentionally cause death.

Acts based on the promise of others to harm the body of another person.

This is the trickier question. The criminal law of many States only expressly punishes promise-based homicide, and the statutory penalty is lighter than that for ordinary intentional homicide, but does not provide for promise-based harm. Therefore, it has been argued that since the criminal law only provides for the crime of homicide based on promises, but not the crime of harm based on promises, it means that injuries based on the promises of the victim are not guilty.

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.

Whoever commits the crime in the preceding paragraph and causes serious injury to another person shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years, or where serious injury is caused by especially cruel means, or serious disability, the sentence is to be 10 or more years imprisonment, life imprisonment or death. Where this Law provides otherwise, follow those provisions.

Those who are assessed to be slightly injured do not bear criminal responsibility in law. If the police are called, the public security organs will impose administrative detention ranging from 5 to 15 days on the injured person, depending on the severity of the specific circumstances, and bear the economic losses of the injured person.

According to Article 234 of the Criminal Law:

1. Whoever intentionally injures the body of another person is to be sentenced to up to three years imprisonment, short-term detention or controlled release;

2. Whoever commits the crime described 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;

3. 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.

Criminal law is a law that stipulates crimes, criminal responsibility, and punishment, and is a general term for the legal norms that the ruling class holding political power has, in order to safeguard the political rule of its own class and the economic interests of each class, stipulate which acts are crimes and what kind of criminal responsibility should be borne by them, and what kind of criminal punishment should be given to criminal suspects.

where a fight causes injury may constitute the crime of intentional injury, and where the crime of intentional injury is constituted, a sentence of up to three years imprisonment, short-term detention or controlled release is to be given; where serious injury is caused, the sentence is between three and ten years imprisonment; 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. For the crime of intentional injury, the standard is that the victim is slightly injured by the violation, and the criminal suspect's legal responsibility shall be pursued. Those who cause minor injuries will not be held criminally responsible, but may face public security penalties.

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. Assaulting or injuring others in groups; In any of the following circumstances, beating or injuring a disabled person, a pregnant woman, a person under the age of 14, or a person over the age of 60; Those who repeatedly assault or injure others, or assault or injure multiple people at a time, are to be detained for between 10 and 15 days and fined between 500 and 1,000 RMB. Legal basis:

Article 234 of the Criminal Procedure Law: 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.

Cases of intentional injury and wounding with a weapon generally cannot be withdrawn, and the crime of intentional injury is suspected. However, where the statute of limitations for prosecution has already expired, or where the criminal suspect or defendant is deceased or other laws provide for exemption from criminal responsibility, the case shall be withdrawn.

Legal basis:Article 16 of the Criminal Procedure Law of the People's Republic of China.

In any of the following circumstances, criminal responsibility is not pursued, and where it has already been pursued, the case shall be withdrawn, or not prosecuted, or the trial terminated, or acquitted

1) The circumstances are obviously minor and the harm is not great, and it is not considered a crime;

2) The statute of limitations for prosecution has already expired;

3) Punishment is waived by a special amnesty order;

4) Crimes that are handled in accordance with the Criminal Law, where there is no complaint or withdrawal of the complaint;

5) The criminal suspect or defendant is deceased;

6) Other laws provide that Pei Mo is exempt from criminal responsibility.

Legal Analysis: Armed wounding combined with subjective thoughts and the other party's injuries can involve the crime of intentional injury or intentional homicide. For the crime of intentional injury, if the other party constitutes minor injuries, the sentence is not more than three years, if the other party constitutes serious injuries, the sentence is not less than three years but not more than ten years, and if the other party causes death, the sentence is not less than ten years, life or death.

Armed possession will be considered as an aggravating circumstance in sentencing. If the crime of intentional homicide is suspected, the sentence is more than 10 years, life imprisonment or the death penalty.

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.

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 the death of a person or seriously injures a person by especially cruel means and causes serious disability, shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment, or death or death. Where this Law provides otherwise, follow those provisions.