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Go to the basic people's court where the door and window factory is located, or go to the basic court where any of the old man's sons live, keep the medical records and injury certificates provided by the hospital as evidence, if there are witnesses can ask him to testify (it is more difficult), if there is a monitor video at the door of the door of the door and window factory, you can apply to the court to obtain the video as direct evidence. You can hire a lawyer or write a complaint yourself to file a complaint with the above-mentioned court, and you can consult the court for details.
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When the police deal with it first, and the other party's behavior has constituted a crime, you can file an attached civil lawsuit for compensation.
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Legal analysis: If the nose is fractured, a forensic evaluation shall be conducted, and the conclusion of the evaluation shall prevail. If a comminuted fracture of the nasal bridge is caused by a fight, it is a minor second-degree injury, and if the nasal bridge bone is a linear fracture, it is a minor injury.
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.
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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Summary. Hello dear, according to the situation you described, the fracture of the nose bridge is not a minor injury, but a minor injury, as follows: The new "Criteria for the Identification of the Degree of Human Injury" came into force on January 1, 2014.
According to the standard, a broken nose bone is a minor injury, and the penalty standard is public security detention or fine. In the old classification standard, a nasal bone fracture was a minor injury, and the sentencing standard was fixed-term imprisonment of not more than three years, criminal detention or public surveillance. Therefore, it can be seen from this that a nasal bone fracture is not a minor injury, it is a minor injury, and the punishment standard is public security detention or fine.
If the comminuted fracture of the nasal bridge can be rated as a grade 10 disability, the disability compensation will be compensated according to the nature of the household registration. Then there are medical expenses, lost work expenses, hospitalization allowances, etc. According to the actual loss compensation, there is no fixed price.
Someone broke the bridge of the nose, is this a minor injury?
Hello dear, according to the situation you described, the fracture of the nose bridge is not a minor injury, but a minor injury, as follows: The new "Criteria for the Identification of the Degree of Human Injury" came into force on January 1, 2014. According to the standard, a broken nose bone is a minor injury, and the penalty standard is public security detention or fine.
In the old classification standard, Sakura argued that a nasal bone fracture was a minor injury, and the sentencing standard was a fixed-term imprisonment of not more than three years, criminal detention or public surveillance. Therefore, it can be seen from this that a nasal bone fracture is not a minor injury, it is a minor injury, and the punishment standard is public security detention or fine. If the comminuted fracture of the nasal bridge can be rated as a ten-spinal deficiency disability, the disability compensation will be compensated according to the nature of the household registration.
Then there are medical expenses, lost work expenses, hospitalization allowances, etc. According to the actual loss compensation, there is no fixed price.
Hello dear, according to the situation you described, the nose fracture should be forensic evaluation, subject to the conclusion of the appraisal If the comminuted fracture of the nose bridge caused by the fight is a minor injury of the second degree, if the linear fracture of the nose bridge is a minor injury. Article 43 of the "Public Security Administration Punishment Law of the People's Republic of China" provides that anyone 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; where the circumstances are more minor, they are to be detained for up to 5 days or fined up to 500 RMB. Those who have any of the following circumstances 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 assaulting or assaulting multiple people at a time.
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Whether it is a minor injury needs to be identified. However, if it is a minor injury, it constitutes a criminal offense. Detention is required.
You might as well go to the lawyer's post and ask about the processing process in this regard.
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The extent of the injury needs to be assessed by the hospital, and it is useless to say it yourself.
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Is the bridge of your nose broken? Forget it for sure.
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Whether a nasal bridge bone fracture constitutes a minor injury depends on the following circumstances: (1) comminuted fracture of the nasal bone, or a linear fracture of the nasal bone accompanied by obvious displacement; (2) Nasal injury that significantly affects the shape or function of the nose.
Regardless of whether it constitutes a minor injury, a person who intentionally injures another person is liable for civil compensation. However, if the injury is minor, the victim may initiate a private criminal prosecution and request that the defendant be held criminally responsible. With regard to compensation for personal injury, there is also the question of whether the degree of disability is constituted, and if so, the defendant may be required to pay disability compensation.
Disability compensation is a relatively large part of the personal injury compensation program. Of course, the criteria for the assessment of disability level and the standard for the assessment of minor injuries are not the same.
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It is entirely possible to negotiate with the other party to solve it.
The police may take compulsory measures against you shortly after the results of this appraisal are issued.
If you negotiate with the other party, compensate the other party for your losses, and obtain the other party's understanding, you can be released on bail pending trial. It means that you don't have to go to jail.
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The other party's judicial appraisal is a minor injury, and the infringer needs to bear criminal responsibility. If the civil compensation negotiation fails, let the other party sue for compensation according to the court's judgment, your father performs his work duties, and the company bears tort liability, but your father needs to bear criminal liability. The compensation reference is as follows.
Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases
Article 17: Where a victim suffers a personal injury, the person obligated to compensate for all expenses incurred for medical treatment, as well as the loss of income due to lost work, including medical expenses, lost work expenses, nursing expenses, transportation expenses, lodging expenses, hospital meal allowances, and necessary nutrition expenses.
If the victim is disabled due to injury, the compensation obligor shall also compensate for the necessary expenses incurred by the victim due to the increase in living needs and the loss of income caused by the loss of the ability to work, including disability compensation, disability assistive device expenses, and living expenses for dependents, as well as the necessary expenses, nursing expenses, and follow-up expenses actually incurred due to nursing care and continuation.
Tort Liability Law of the People's Republic of China
Article 34 Where the staff of an employer causes harm to others as a result of performing their work tasks, the employer shall bear tort liability.
During the period of labor dispatch, if the dispatched staff member causes damage to others due to the performance of work tasks, the employing unit accepting the labor dispatch shall bear tort liability; If the labor dispatch unit is at fault, it shall bear the corresponding supplementary liability.
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.
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Since the police have agreed to release the other party on bail pending further investigation, it means that the other party is at fault. The key now is to find evidence that your father was acting in self-defense to exonerate your father. I think the other party's request of 200,000 yuan is too high, and it shouldn't be worth the money.
Now you need to actively communicate with the other party on the one hand, and find witnesses to prove that your father acted in self-defense. If it doesn't work, go through the procedure, and I don't think your father's responsibility is heavy.
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If your father has a dispute with a user for work reasons, and it leads to a fight, you can ask the employer to come forward to resolve it and bear a certain amount of compensation.
As for how much money should be compensated to the other party, the law stipulates that the other party is not less than 200,000 yuan, and there is no basis in the law, so you don't have to pay attention to him at all, and let the court make a judgment.
If the other party identifies that the injury is minor, there is no doubt that your father's actions constitute the crime of intentional injury.
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Ignore each other. Copy and beg.
Fixed compensation is possible, but only for medical practitioners.
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Hello, a slight injury is more appropriate, and a broken nose bridge that hits the other party in a fight is a minor injury.
Of course, even if the other party is a murderer, it should be judged by the law, not by you to represent justice, otherwise there is no need for the law, just go up and fight casually when you see the bad guys, so the other party can protect their rights and interests through legal means, but it cannot be solved by force.
If you are assaulted, you should report it in a timely manner, and conduct a review according to the specific circumstances to determine the nature of the case and deal with it. >>>More
2.If it does not constitute a minor injury, you should conduct a thorough ** on your mother, conduct a judicial appraisal of you after being discharged from the hospital, and according to the level of disability, you have the right to demand that the other party pay disability compensation, medical expenses, lost work expenses, nursing expenses, nutrition expenses, transportation expenses, hospitalization allowance, mental damages and other all expenses and losses; >>>More
This is for those who understand the law! Legal advice.
As for what you added, let me talk about my opinion, you mean that there are people in the company who are beating you, and the company's top management also supports you and is bent on helping you find out. In this case, I advocate that it is still a private cost-effective, after all, there is no clue to resist here, and you also said that due to the nature of your work, you have offended a lot of people, so it is difficult to obtain useful clues or evidence, and from the perspective of human nature, it is not appropriate to settle the dispute, you have to force an appeal, which may further escalate the matter, and the consequences are not good. >>>More