In Beihai, Guangzhou, a man was stopped by urban management law enforcement officers when he was setting up a stall on the side of the road on the grounds of occupying the road. When the law enforcement officer asked to detain the car, the man took out a knife and was about to ride away, when the law enforcement officer stepped forward to grab the knife, causing injuries to his hand. After calling the police, the man sent the law enforcement officer to the hospital for treatment and agreed to settle, for which the man paid the law enforcement officer 5,000 yuan in compensation. Afterwards, the man found evidence that he had been beaten with a knife and wanted 5,000 yuan back.
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In order to make a living, Mr. Hu drove a modified car to the roadside every day to sell sizzling tofu, although it was a little harder, but he could barely make a living.
At about 21 o'clock on the night of the incident, when Mr. Hu drove his car to the roadside to set up a stall as usual, he was driven away by Huang Mou, a local urban management law enforcement worker, and others on the grounds of occupying the road. Afterwards, Huang decided to seize Mr. Hu's car on the grounds that Mr. Hu did not obey the management.
Of course, Mr. Hu was unwilling, so he had an argument with Huang.
In the process, Mr. Hu took out a knife used to cut things from the car and was about to ride away from the scene of the incident, but Huang immediately stepped forward to stop and grab Mr. Hu's knife.
After calling the police, Mr. Hu mediated with Mr. Huang to deal with the matter, and signed a mediation agreement with Mr. Huang at the police station, on the condition that Mr. Hu would compensate Mr. Huang with 5,000 yuan in compensation. Afterwards, Mr. Hu sent Huang to the hospital for treatment.
After the incident, Mr. Hu said that he had no evidence before, but the next day he got the scene of the incident** from a nearby business.
At the scene, it was clearly recorded that Huang slapped Mr. Hu with the back of a knife, and confirmed that Mr. Hu did not beat anyone.
Mr. Hu said that at that time, Huang accused him of having a knife in his hand, what did he want to do?After Mr. Hu replied that he had done nothing, Huang stepped forward to snatch the knife and slapped him with a knife on the grounds that Mr. Hu had cut him with a knife.
Based on this, Mr. Hu said that he hoped to get back 5,000 yuan and hold the other party responsible. Mr. Hu also claimed that the real situation at that time was that he had to push the cart away after his car key was removed, but Huang insisted on not letting him go.
At present, the local competent authorities have issued a notice saying that Huang did misconduct in the process of law enforcement, and Huang has been suspended for investigation.
1. Why did Mr. Hu mediate with Huang to deal with this matter at that time?
Article 43 of the Public Security Administration Punishment Law stipulates that intentionally injuring another person or assaulting another person shall be detained for 5-10 days and fined 200-500 yuanwhere the circumstances are more minor, they are to be detained for up to 5 days or fined up to 500 RMB.
Article 9 of the Law on Penalties for Public Security Administration also stipulates that the public security organs may mediate and deal with violations of the administration of public security, such as fights or damage to other people's property caused by civil disputes, if the circumstances are relatively minor.
Specifically, since Mr. Huang identified Mr. Hu with a knife at that time, causing injuries to his hands, which was an illegal act of intentionally injuring the body of others, Mr. Hu needed to bear legal responsibility for this.
However, since the parties accepted mediation and the public security authorities determined that Mr. Hu's violation was relatively minor, they agreed to mediate the matter.
2. So can Mr. Hu get the 5,000 yuan back?
First of all, intentionally injuring the body of another person is a civil tort from the perspective of civil law, so the perpetrator should also bear civil liability for compensation.
It should be noted that intentional injury to the body of others requires compensation not only for medical expenses, but also for lost work expenses, transportation expenses, etc.
Article 1179 of the Civil Code stipulates that if a person infringes upon another person and causes personal damage, he shall compensate for reasonable expenses such as medical expenses, transportation expenses, and lost work expenses.
It should also be emphasized here that although the law clearly stipulates the specific scope of compensation to be compensated, in judicial practice, the actor will generally increase the amount of compensation in order to get the other party to agree to mediation.
Legally, as long as both parties agree. This is also the reason why some people say that they lost 50,000 yuan for a slap. In fact, the vast majority of such high compensation is paid voluntarily for the sake of forgiveness.
Secondly, everything should not only pay attention to the cause and effect, but also look at whether the infringed party itself is at fault.
Article 1165 of the Civil Code stipulates that if a wrongful act causes civil damage to others, he shall be liable for it. However, if the infringed party itself is at fault, the liability of the actor shall be reduced or exempted.
In other words, if it can be proved that Huang is also at fault, then he must reduce Mr. Hu's liability for compensation.
Specifically, in this case, the competent authorities have determined that Huang had improperly enforced the law, suspended him, and confirmed that Huang had slapped Mr. Hu with a knife, so Huang was at fault in this case, so it is theoretically possible to reduce Mr. Hu's liability.
All in all, even if Mr. Hu violated the law, Huang, as a law enforcement officer, could not retaliate against the other party by injuring someone with a knife, otherwise it must be an illegal act, that is, it is also an illegal act of beating others. This is also the reason why Huang was suspended, and it is also a case of knowing the law and breaking the law.
Finally, the implementation of civil juristic acts must not only not violate the provisions of the law, but must also be an expression of the true intention of the parties.
Article 143 of the Civil Code stipulates that civil juristic acts that meet the following conditions are valid: 1. The actor has the corresponding capacity for civil conduct;2. The meaning is true;3. Do not violate the provisions of the law and do not violate public order and good customs.
The so-called "true intention", in short, means that the parties know the whole picture of the matter and willingly carry out civil legal acts.
In other words, if Mr. Hu had no choice but to do so because there was no evidence at that time, then he could indeed argue that the mediation agreement at that time was invalid and claim back the money he had already paid. But objectively speaking, it is difficult to get the full amount back, after all, Huang's hand is indeed injured.
So how much do you think Huang has to return is reasonable?
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