How to divide the responsibility for fighting and beating each other, and what is the sentencing standard?
In fact, fighting and beating each other are essentially caused by some trivial things in life, and if there is really any principled issue, both sides will have a normal excuse to go through judicial channels to solve it. Moreover, very few of the beaten party will choose not to fight back, so two people fight each other when they fight.
1. How to divide the responsibility for fighting and beating each other in China?
When two people fight, their responsibility is generally divided according to the consequences of the harm caused by each of them.
Fights and brawls shall be distinguished between public security cases and criminal cases based on the specific circumstances, and then convicted and punished in accordance with the Public Security Administration Punishment Law or the Criminal Law.
How to determine responsibility for mutual assault.
In general, the party that made the first move bears primary responsibility for the serious consequences, and the determination of responsibility for a fight is different in terms of scale and severity of the circumstances, and the method of determination is different. If there are more than 3 people, and there is an intentional act of fighting with each other in a crowd fight, if the member is slightly injured, criminal responsibility may be investigated, and attached civil compensation may be requested.
If it does not constitute criminal liability, the public security organs may be required to investigate its public security responsibility, and civil compensation may be requested. Serious injuries are to be dealt with as suspected intentional injury, and where the circumstances are serious enough to constitute other crimes, they are to be dealt with as other crimes.
Article 9 of the Law of the People's Republic of China on Public Security Administration Punishments provides 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, 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 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.
How do the two parties determine their fault?
If the case-handling personnel determine that the two parties have beaten each other, they will also divide their respective responsibilities, and the specific basis for the determination will often be from the following aspects:
1. The reason for the fight: which side caused it first;
2. Who did it first;
3. The circumstances of the beating;
4. As a result of the fight, which side was seriously injured;
5. There will be other considerations, which vary from case to case and from environment to environment.
There is a big difference between the determination of mutual assault and the determination of assault on others, and there are differences in the punishment results and civil compensation.
2. Legal Provisions.
Article 43 of the Public Security Administration Punishment Law stipulates that anyone who assaults another person or intentionally injures another person shall be detained for not less than 5 days but not more than 10 days and fined not less than 200 yuan but not more than 500 yuan; 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.
According to Article 292 of the Criminal Law [Crime of Assembling a Crowd to Fight] Those who assemble a crowd to fight are to be sentenced to up to three years imprisonment, short-term detention or controlled release for the ringleaders and others who actively participate; 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:
1) Gathering crowds to fight multiple times;
2) Gathering a crowd to brawl with a large number of people, a large scale, and a vile social impact;
3) Gathering crowds to fight in public places or on major traffic arteries, causing serious disruption of social order;
4) Armed crowds to fight.
Where a crowd is assembled to fight, causing serious injury or death, it is to be convicted and punished in accordance with the provisions of articles 234 and 232 of this Law.
Article 234 of the Criminal Law: Whoever intentionally injures the body of another person is 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.