Both sides beat each other up, and both people have to be detained

Whether both parties to a fight should be detained cannot be generalized, and responsibility should also be distinguished according to the specific circumstances of the case, such as the cause, the consequences, whether it was mutual assault or intentional injury to others, etc. If the public security organs fail to mediate, the responsible persons need to be detained.

Public Security Administration Punishment Law

Article 9: Where the circumstances are more 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.

Legal analysis: It is not possible to generalize, but also to distinguish responsibilities according to the specific circumstances of the case, such as the cause, the consequences of each other or intentional injury to others, etc., and the less serious circumstances can be effectively adjusted and may not be punished. For the responsible party, if mediation fails, detention is required.

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 43: 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.

It is not possible to generalize, but also to distinguish responsibility according to the specific circumstances of the case, such as the cause, the consequences, whether it is mutual assault or intentional injury, etc., and where the circumstances are relatively minor, punishment may not be imposed through mediation. According to the relevant laws and regulations, 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 violator of the administration of public security in accordance with the provisions of the law, and inform the parties that they may file a civil lawsuit in the people's court in accordance with law regarding the civil dispute.

Legal analysis: Whether both parties to a fight should be detained cannot be generalized, and responsibilities should be distinguished according to the specific circumstances of the case, such as the cause, the consequences, whether it is mutual assault or intentional injury to others, etc.

Legal basis: "Public Security Administration Punishment Law of the People's Republic of China" Article 9: Where a fight or damage to other people's property caused by a civil dispute violates the administration of public security, and the circumstances are relatively minor, the public security organs may mediate and handle it. 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 agreement is reached after reaching an agreement, the public security organs shall punish the violator of the administration of public security in accordance with the provisions of this Law, and inform the parties that they may file a civil lawsuit in the people's court in accordance with law regarding the civil dispute.

Legal analysis: It is not possible to generalize, but also to distinguish responsibility according to the circumstances of the case of Gu Jinghan's destruction of the body, such as the cause, the consequences of each other's assault or intentional injury to others, etc., and the less serious circumstances can be effectively adjusted and may not be punished. For the responsible party, if mediation fails, detention is required.

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 43: Whoever assaults another person, or intentionally harms the body of another person, is 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.