In a fight, the other party will do it first, how to divide the responsibility

Updated on society 2024-07-22
6 answers
  1. Anonymous users2024-02-13

    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.

  2. Anonymous users2024-02-12

    1. How to divide the responsibility of the other party in a fight.

    1. How to divide the responsibility of the other party in the fight, you need to judge the situation:

    2) If one of the parties is more seriously injured, the other party may be more responsible.

    2. Legal basis: Article 43 of the Law of the People's Republic of China on Public Security Administration Punishments.

    Those who assault others, or intentionally injure others, are to be detained for between 5 and 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 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.

    Second, how to judge the opponent who caused minor injuries to the opponent in a fight.

    Even if the other party makes the first move, a fight that causes minor injuries to the other party may constitute the crime of intentional injury and is to be sentenced to up to three years imprisonment, short-term detention or controlled release. The crime of intentional injury refers to the crime of intentionally and unlawfully harming the physical health of another person.

  3. Anonymous users2024-02-11

    Fighting is an illegal act, and the responsibility that both parties should bear has a great relationship with the motive and the result of the damage, and needs to be judged according to the actual circumstances of the case. However, in the case of the other party's first move, in order to protect its own interests, it is not necessary to take defensive measures that do not exceed the necessary limit, and there is no need to be held responsible.

    Legal basis. Law of the People's Republic of China on Public Security Administration Punishments

    Article 26: Those who commit any of the following acts are to be detained for between 5 and 10 days, and may be concurrently fined up to 500 RMB; where the circumstances are more serious, they are to be detained for between 10 and 15 days, and may be concurrently fined up to 1,000 RMB: (1) Gang fighting; (2) Chasing or intercepting others; (3) Forcibly taking or arbitrarily destroying or occupying public or private property; (4) Other acts of picking quarrels and provoking trouble.

    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.

  4. Anonymous users2024-02-10

    Summary. The responsibility for fighting is divided into two types: 1. The other party makes the first move, and the beating is intentional, if the other party's counterattack is also with the intention of harming others, it is a mutual fight between the two parties, and there is no problem of responsibility for the succession, and both parties are jointly responsible.

    2. If the other party makes the first move, with the intention of maliciously hurting others, and the other party does not mean to hurt others, but only acts defensively, the other party bears responsibility. Legal basis: "Public Security Administration Punishment Law" 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 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.

    The responsibility for the fight is divided into two types: 1. The other party makes the first move, and the beating is intentional, and if the other party's counterattack is also with the intention of harming others, it is a mutual fight between the two parties, and there is no problem of responsibility for the succession, and both parties are jointly responsible. 2. If the other party makes the first move, with the intention of maliciously hurting others, and the other party does not mean to hurt others, but only acts defensively, the other party bears responsibility.

    Legal basis: "Public Security Administration Punishment Law" 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 not less than 200 yuan but not more than 500 yuan. In any of the following circumstances, he shall 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; (Three trillion grandchildren) 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.

    What's going on?

  5. Anonymous users2024-02-09

    Summary. Schools have obligations to educate and manage and protect minors in accordance with law, and where failure to perform relevant obligations within the scope of their duties causes minors to suffer physical harm, or minors cause physical harm to others, they shall bear responsibility for compensation corresponding to their fault. Where a third party's infringement causes minors to suffer personal injury, they shall bear responsibility for compensation.

    Where schools, kindergartens, and other educational institutions are at fault, they shall bear the corresponding supplementary liability for compensation.

    Hello, I am inquiring for you here, please wait a while, I will reply to you immediately

    Whoever does it first, as long as there is an act of assaulting others and causing a certain amount of harm, they can be punished in accordance with Article 43 of the "Public Security Administration Punishment Law". If it is a fight caused by civil correction and leniency, the public security organs may conduct mediation in accordance with Article 9 of the Public Security Administration Punishment Law of Chazaoliang, and where the parties reach an agreement, they are not to be punished.

    I hope the above is helpful to you If you are satisfied with me, please give me a thumbs up

    How to ask them for compensation under the age of 16 belongs to five people beating one person.

    How much responsibility should the school take after reporting a crime? How much can be paid for a minor injury.

    Ask about custom messages].

    Ask about custom messages].

    Minors do not bear criminal responsibility for this, and shall be disciplined by the public security organs, schools, or parents. In addition, the guardian of the minor needs to bear the corresponding civil compensation liability according to the injury of the other party.

    What about schools? Ask about custom messages].

    The school has the obligation to educate, manage and protect minors in accordance with the law, and if the minor fails to perform the relevant obligations within the scope of its duties, causing the minor to suffer personal injury, or the minor causes personal injury to others, it shall bear the responsibility for compensation corresponding to the fault of the student. Where a third party's infringement causes minors to suffer personal injury, they shall bear responsibility for compensation. Where schools, kindergartens, and other educational institutions are at fault, they shall bear the corresponding supplementary liability for compensation.

    The school also wants to compensate the injured.

  6. Anonymous users2024-02-08

    Summary. Hello dear, the responsibility of starting a fight is as follows: 1. Civil liability, the other party is at fault, and the responsibility can be reduced; 2. Criminal liability: If the injured person's injuries reach more than minor injuries, it will constitute the crime of intentional injury, and the criminal responsibility of the beater needs to be investigated.

    1. How to divide the responsibility of starting first in a fight 1. The responsibility for starting a fight first is as follows: (1) civil liability, the other party is at fault, and the liability can be reduced; 2. Criminal liability: If the injured person's injuries reach more than minor injuries, it will constitute the crime of intentional injury, and the criminal responsibility of the beater needs to be investigated. 2. Legal basis:

    Article 43 of the Public Security Administration Punishment Law of the People's Republic of China "Whoever assaults another person, or intentionally injures 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 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.

    Hello dear, the responsibility of starting a fight is as follows: 1. Civil liability, the other party is at fault, and the responsibility can be reduced; 2. Criminal liability: If the injured person's injuries reach more than minor injuries, it will constitute the crime of intentional injury, and it is necessary to pursue the criminal responsibility of the beater. 1. How to divide the responsibility of starting a fight first 1. The responsibility of starting a fight is as follows:

    1) Civil liability, the other party is at fault, and the liability can be reduced; 2. Criminal liability: If the injured person's injuries reach more than minor injuries, it will constitute the crime of intentional injury, and the criminal responsibility of the beater needs to be investigated. 2. Legal basis: Article 43 of the "Law of the People's Republic of China on Public Security Administration Punishments" stipulates that anyone who assaults others, or intentionally harms the body of others, 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) Gang of stove slag 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. 2. What is the difference between a fight and a brawl The difference between a fight and a brawl is as follows:

    1. The main body of composition is different. The constitutive body of the crime of assembling a crowd to fight is the ringleader and active participant in the assembling brawl; The constituent body of a gang brawl is the participants in the gang brawl and the participants other than the ringleaders and active participants in the gang brawl; 2. The performance is different in the objective aspect. The subject of the crime of quietly fighting in Juyin Town objectively organized, planned, directed, or actively participated in the gathering of crowds to fight; The subjects of gang brawls are all participants in the brawl and are not organized, planned, or directed; 3. The consequences are different.

    The impact of gang brawls on society is smaller than that of the crime of assembling a crowd to fight.

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