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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 the fight is caused by a civil dispute, the public security organs may conduct mediation in accordance with article 9 of the Public Security Administration Punishment Law, and where the parties reach an agreement, they will not be punished.
Where the simplest fight does not constitute a crime, criticism and education, mediation, or administrative punishment are to be the mainstay; If a crime is constituted, it is also a fight, and depending on the specific circumstances of the case, it may constitute the crime of intentional injury (causing minor injury, serious injury or death), the crime of picking quarrels and provoking trouble (such as making a mistake out of nothing, beating someone up in a competitive manner, causing minor injuries or more aggravating circumstances but not a necessary condition), etc.
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Seventy or eighty percent of the people who start a fight are responsible. Because there will be no fights for no reason, if this side scolds hard, and the other side will not scold, but will only fight. Then the story is a tie.
But people's scolding is a psychological effect, and it is a big physical injury. For the reputation of the body is definitely to bear an important responsibility. So in any case, if people scold you, there is no way, you let people scold you without delaying them.
Know how to scold until the other party doesn't scold. Don't start beating people, you are the first person to be punished.
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If the fight starts first, the main responsibility should be shared, and the two sides will start if they quarrel and disagree. If you beat the bad guys, you have to pay compensation, and even more seriously, you will be held legally responsible. So it's best not to get your hands dirty. Why do you say anything, it's best to be sensible.
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Fight first.
Take primary responsibility.
If you don't do it, there will be no consequences.
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How much responsibility is it to get started in a fightIt depends on how well the other person is injured. If the person who moves later hits the person who moves first harder. Then the person who does it later has more responsibility.
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Whoever strikes first, as long as there is an act of beating others and causing a certain amount of harm, they can be punished in accordance with the provisions of the "Public Security Administration Punishment Law of the People's Republic of China". If the fight is caused by a civil dispute, the public security organs may conduct mediation, and if the parties reach an agreement, they will not be punished. If the injured party is slightly injured or above, then a criminal case may be filed, and the procuratorate will prosecute without mediation.
Legal basis: Article 234 of the Criminal Law of the People's Republic of China 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 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.
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.
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.
Article 9 of the Law of the People's Republic of China on Public Security Administration Punishments: Where violations of the administration of public security, such as fights or damage to other people's property caused by civil disputes, are relatively minor, the public security organs may mediate and handle them. 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.
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There is no legal stipulation that whoever makes the first action pays the main responsibility, and the punishment is mainly based on the consequences of the fight.
Legal analysisAccording to the relevant laws and regulations, the act of assaulting another person is manifested as: first, the perpetrator must be intentional, that is, the perpetrator clearly knows that his or her behavior will cause the result of harming the physical health of others, and hopes or allows such a result to occur. Second, the perpetrator committed an act of assaulting another person or intentionally injuring another person's body.
The so-called assault refers to the perpetrator openly beating others, which is a relatively typical behavior of bullying the weak with the strong or bullying the small with the big. Although the causes are different, some may be caused by a trivial matter or a quarrel, and some are purely unreasonable and arrogant, and the slightest displeasure will be followed by a big fight, but this does not affect the punishment for such acts. The main way of behavior is to use punches and kicks, which generally only cause temporary pain in the flesh and skin of others, and the person who is beaten is not necessarily injured.
Intentional bodily harm to another person is an act that unlawfully harms the physical health of another person. There are many forms of harming others, including hitting people with stones and sticks, driving animals to bite, pricking people with needles, scalding people with boiling water, etc. This act of harm has caused minor bodily harm to another person, but it is not sufficient for criminal punishment.
In practice, attention should be paid to distinguishing between assault and gang fighting. "Assaulting others" refers to the act of one or more persons of one or more parties beating one or more of the other party, which is an act that violates the personal rights of citizens; Gang fighting, on the other hand, refers to the act of beating each other in groups, and it is an act that disturbs public order with the participation of more than one person on both sides. Generally speaking, assaulting others is only a unilateral fault and the beater should be punished, while gang fighting is an act in which both parties violate the administration of public security, and generally both perpetrators should be punished.
Legal basisArticle 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 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.
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Legal analysis: There is no stipulation in the law that whoever makes the first action pays the main responsibility, and the punishment is mainly based on the consequences caused by the fight. It is impossible for someone else to beat you first, and if you beat someone to death, the other party will be held primarily responsible.
Legal basis: Article 4 of the "Public Security Administration Punishment Law" Article 13 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 be fined not less than 200 yuan but not more than 500 yuan, and if the circumstances are more minor, he shall be detained for not more than 5 days or 5 days? A fine of less than $100.
Assaulting or injuring a disabled person, a pregnant woman, a person under the age of 14, or a person over the age of 60; 3. Repeatedly beating or injuring others.
I don't know, but I think.
Hit is hit. Scolding is scolding. >>>More
Generally, mediation is the mainstay.
Because whoever makes the first move, as long as it causes harm, it may be punished. >>>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.
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
If someone hits you, you fight back, and you both are detained and punished. If you don't fight back, the other party will assault the other person, and he will be detained and compensated for your mental damage.