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Claim steps: You first call 110 to report to the local police station to identify the person responsible for the harm to you. Then, according to the severity of your injuries, the public security organs will deal with the responsible person in accordance with Article 43 of the Law of the People's Republic of China on Public Security Administration Punishments.
Your claim. Through police mediation, a specific amount of compensation is proposed to the person who hit the person.
Legal basis. Law of the People's Republic of China on Public Security Administration Punishments
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.
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 8: Where conduct violating the administration of public security causes harm to others, the perpetrator or his guardian shall bear civil liability in accordance with 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.
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I suggest that you just think that you have accidentally fallen, and that more is better than less.
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Legal analysis: The first step is to report the case to the public security organs, stating how they were beaten, and the public security organs will investigate the injury; The second step is to apply for an injury appraisal bridge, and the police station or the court can designate a qualified judicial injury appraisal agency to conduct a judicial injury sensitivity model macro damage level appraisal. If compensation is negotiated privately, both parties need to reach an agreement on the facts of the injury, the extent of the injury, the amount of compensation, the standard of compensation, etc.
Whether it is an administrative case or a criminal case, the compensation part can be mediated and negotiated.
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 fixed-term imprisonment of not more than three years, 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.
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Legal analysis: If the party comes to the door to pick quarrels and provoke trouble, the party can report to the police in time to deal with it, and if the other party is injured as a result of this, it will bear criminal responsibility; If it is a minor injury, it shall be punished by public security and bear civil liability.
Legal basis: Article 234 of the Criminal Law of the People's Republic of China: Whoever intentionally harms 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.
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If the company suffers losses due to work mistakes, it shall be compensated in accordance with the law, and if the wages are not paid, part of the wages can be deducted; If he resigns, he should still be compensated. However, the specific amount shall be determined through consultation, and if negotiation or mediation fails, it may be resolved through litigation. Please refer to the following legal information:
Article 16 of the Interim Regulations on the Payment of Wages.
If the employee causes economic losses to the employer due to the employee's own reasons, the employer may require the employee to compensate for the economic losses in accordance with the provisions of the labor contract. Compensation for economic losses may be deducted from the employee's own wages.
However, the monthly deduction shall not exceed 20% of the employee's salary for that month. If the remaining part of the salary after deduction is lower than the local monthly minimum wage, it will be paid according to the minimum wage.
Article 9 When both parties to a labor relationship dissolve or terminate a labor contract in accordance with law, the employer shall pay the wages of the employee in a lump sum when dissolving or terminating the labor contract.
Article 15 An employer shall not deduct a worker's wages. Under any of the following circumstances, the employer may withhold the employee's wages:
1) Individual income tax withheld and paid by the employer;
2) All social insurance premiums withheld and paid by the employer that should be borne by the employee;
3) Child support or alimony required to be withheld in court judgments or rulings;
4) Other expenses that may be deducted from the wages of workers as stipulated by laws and regulations.
Article 19 Where a labor dispute arises between a worker and an employer over the payment of wages, the parties concerned may apply to the labor dispute arbitration organ for arbitration in accordance with law. If the applicant is dissatisfied with the arbitral award, he or she may file a lawsuit with the people's court.
Article 20 These Provisions shall come into force on January 1, 1995.
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