When writing and signing an agreement on not pursuing responsibility for fights, the following relevant provisions of laws and regulations shall be noted:
Principle of legalityThe content of the agreement must be legal and must not violate the mandatory provisions of national laws and regulations. For example, the fight itself is illegal, so the content of the agreement between the parties not to pursue the responsibility for the fight may be found invalid because it violates the law.
Civil capacity: Both parties to the agreement must have the corresponding civil capacity. If one of the parties is a person with no or limited capacity for civil conduct, the agreement may be invalid or its validity is pending.
Representation of true meaningThe agreement must be the result of the true intentions of both parties, and there must be no fraud, coercion, etc. If one party uses fraud or coercion to make the other party sign the agreement contrary to its true intentions, the agreement may be invalid or revocable.
Do not violate public order and good customsThe content of the agreement shall not be contrary to public order and good customs, that is, it shall not violate the public interest and public morality. If the content of the agreement violates public order and morals, it may be deemed invalid.
Format and ProcedureThe agreement shall be in writing and shall be signed or sealed by both parties. Before signing the agreement, it is recommended that both parties fully negotiate the content of the agreement to ensure that both parties understand the content of the agreement.
Legal Validity and EnforceabilityOnce signed, the agreement is legally binding. If one party violates the agreement, the other party has the right to demand that the breaching party bear the liability for breach of contract. However, if the content of the agreement is illegal or otherwise invalid, the agreement may not be effectively enforced.
Therefore, when writing and signing an agreement on non-accountability for fighting, it should be ensured that the content of the agreement is lawful, that both parties have the capacity for civil conduct, that the expression of intent is true, that it does not violate public order and good customs, and that it is signed and confirmed in strict accordance with the format and procedures prescribed by law. At the same time, the legal effect and enforceability of the agreement should be clarified, so that disputes can be resolved in a timely and effective manner in the event of a dispute. It is advisable to consult a professional lawyer if necessary.
If the act of fighting results in more than minor injuries to another person, it constitutes the crime of intentional injury. According to article 234 of the Criminal Law, 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. If serious injury is caused, the sentence shall be imprisonment for not less than three years and 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.
In addition, if the act of fighting involves a crowd fight, it may also constitute the crime of assembling a crowd to fight. According to the provisions of article 292 of the Criminal Law, whoever assembles a crowd to fight shall be sentenced to fixed-term imprisonment of not more than three years, short-term detention or controlled release for the ringleaders and other active participants;In any of the following circumstances, the ringleaders and others who actively participate are to be sentenced to fixed-term imprisonment of not less than three years but not more than ten years:
Gathering crowds to fight many times;
Gathering a crowd to fight has a large number of people, a large scale, and a bad social impact;
Gathering crowds to fight in public places or on major traffic routes, causing serious disorder in social order;
Armed people gather to fight.
It should be noted that even if the two parties sign a settlement agreement, they cannot be exempted from criminal punishment by the public security organs. If one party violates the provisions of the settlement agreement, the other party can protect its legitimate rights and interests through legal means.
This Agreement was entered into by the following parties on xx/xx/xxxx:
Party A: [Party A's Name], ID Number: [Party A's ID Number], Address: [Party A's Address].
Party B: [Party B's Name], ID Number: [Party B's ID Number], Address: [Party B's Address].
In view of the physical conflict between Party A and Party B in an incident (specifically describing the time, place and course of the fight), the following agreement on this matter is hereby reached through friendly negotiation between the two parties for mutual compliance:
1. Acknowledgment of both parties.
Both parties acknowledge that both parties were at fault in the course of the above-mentioned conflict and are deeply aware that violence is not the right way to solve the problem. Both sides agreed to resolve the conflict through friendly consultations and promised not to repeat similar incidents in the future.
2. Do not pursue each other.
Party A and Party B agree that from the date of signing this Agreement, they will not pursue any legal liabilities arising from the above conflicts, including but not limited to criminal liabilities, civil liabilities, etc. Both parties undertake to waive any claims against the other party, and promise not to initiate any litigation or arbitration related to this matter in any form and for any reason in the future.
3. Medical expenses and other losses.
In the event that either party is injured and incurs medical expenses or other losses as a result of this conflict, the injured party shall be responsible for such costs or losses. Both parties make it clear that after the signing of this agreement, they shall not make any claims to each other for medical expenses, mental damage, property damage, etc.
4. Confidentiality.
Both parties agree that the content of this Agreement and the process of signing it are confidential information, and neither party shall disclose it to any third party without the written consent of the other party. Both parties shall keep this Agreement properly and avoid divulging the contents of the Agreement.
5. Miscellaneous.
This Agreement shall come into force on the date of signature (or seal) by both parties and shall be legally binding.
This Agreement shall be executed in duplicate, one copy for each Party A and Party B. Both agreements have the same legal effect.
Matters not covered in this Agreement may be resolved through negotiation between the two parties. If the negotiation fails, the two parties shall resolve the dispute amicably.
Party A's signature: [Party A's handwritten signature].
Signature of Party B: [Handwritten signature of Party B].
Date: xx/xx/xxxx.
Both parties have carefully read and fully understood the above agreements, and agree to perform their respective obligations in accordance with the contents of the agreement.
It is advisable to consult a professional lawyer if necessary.