Hello, everyone, I believe that everyone should inevitably have conflicts with people in life, then if the opposite direction of the fist to you, how do you do it? Fight back with all your might? Or just run away? Please read the full text, you will definitely have something to gain.
According to Article 43 of China's Public Security Administration Punishment Law, whoever beats another person, or intentionally injures the body of another person, shall be detained for not less than 5 days but not more than 10 days, and shall also be fined between 200 and 500 yuan; Where the circumstances are relatively minor, they shall be detained for not more than five days or fined not more than 500 yuan. It can be seen that our laws are not merciful to those who beat others, and the lightest is administrative detention, so what should we do if we are beaten by others?
First of all, don't fight back. In administrative punishment cases, after the parties are beaten by the other party, they leave the scene to avoid being beaten but do not leave, but instead entangle with the other party at the scene and beat the other party, which is generally considered to be mutual beating. Therefore, if you also fight back in the process of being beaten by others, no matter who does it first, it can be defined as a mutual beating. The so-called mutual beating, that is, beating each other, also applies to the provisions of Article 43 of the above-mentioned Public Security Administration Punishment Law, who were originally victims, but because of impulsiveness, they committed the same illegal acts as the perpetrators, in such cases, the public security organs will generally accept the handling of administrative cases or as criminal cases based on each other's injuries.
Therefore, the correct approach should be to protect your head, chest and other important parts as much as possible when the perpetrator beats you, look for opportunities to avoid, leave the scene, and call the police. If you are injured, you should go to the hospital for examination, keep the relevant medical certificates, issue a description of the injury situation, and the relevant departments of the public security organ will conduct the injury appraisal, if it constitutes a minor injury, the public security organ will accept the matter as an administrative case and punish the perpetrator; if it constitutes a minor injury or a more serious injury, the matter will escalate into a criminal case, and the other party will bear criminal responsibility.
Many netizens joked, "If you are beaten, you will lie on the ground and take out your mobile phone, open a treasure to start choosing things", although this is a joke, but can it really be like this in reality? How is this done? It turns out that after being beaten, and you did not return the fire and constituted a slight injury, you and the abuser can negotiate a settlement, and apply to the public security organ for public security mediation, then you can ask the other party to pay you medical expenses, damage to goods, the specific amount of their own consultation, the two sides have no objection, after the public security organ on-site mediation on the spot to perform the mediation content, this matter is over, of course, if the other party is not satisfied with the amount of compensation or mediation content, refuse to mediate, then the other party will face the consequences of administrative punishment, After that, only a certificate of no criminal record can be issued, and a certificate of no criminal record cannot be issued. So if the other party beats himself into a minor injury, there is no way to mediate, and there is no way to get compensation? Of course not, criminal cases mean that the other party will bear criminal liability, and the relevant civil liability, the other party also needs to bear the drop.
It must be explained here that the premise of applying for public security mediation is:
1. Meet the relevant regulations in the "Provisions on procedures for Public Security Organs to Handle Administrative Cases", that is to say, although this matter violates the public security administration behavior, the circumstances are relatively minor, have not caused a greater social impact, and must be a public security case caused by civil disputes.
2. Both parties agree to mediation, and if one party does not agree, neither party can mediate security.
3. Neither party has any objection to the content of the mediation.
Although mediation can peacefully resolve things, but not everything can be mediated, such as A owes B money, B wants A, A does not give, B does not go up and give a two punches, thus a physical conflict occurs, then the public security organs can only mediate between the two of them in a fight, as for the things they owe money, it is an economic dispute, can only go to the court to resolve, here by the way, the public security organs absolutely can not intervene in economic disputes.
Therefore, if there is a conflict with others, remember not to move, do not feel that it is difficult to constitute a slight injury, a slap down the blush, may constitute a slight injury. People who are beaten, do not feel that the other party is small, they can three times five divided by two to turn over each other, go up to do it, before there is a "win in prison, lose the hospitalization" saying, now if it is identified as mutual beating, the losing party is not only hospitalized so simple, will also bear the corresponding legal responsibility of yo, of course, shouting "cousin" to help the behavior, it is even more undesirable, will only "sin plus one".
Here we must remember that the above only applies to "small fights and small troubles", if the other party takes a knife to cut you, then don't be stupid not to fight back, according to the latest interpretation of the criminal law, for the ongoing murder, murder, robbery, rape, kidnapping and other violent crimes that seriously endanger personal safety, take defensive actions, causing unlawful infringement of people casualties, is not excessive defense, do not bear criminal responsibility.
I hope that everyone will be a good citizen who abides by discipline and law, the "silver bracelet" is not so good to wear, the "public meal" is not so delicious, know the law, understand the law and abide by the law, do not act impulsively, let us work together to build a socialist modern rule of law power with Chinese characteristics in the new era.
I am A Xiaoke, the above is my experience during the internship at the police academy, all for personal humble opinions, leave your opinion in the comment area, remember to help me point out the attention yo! Thank you, Grand Master! (ps: about similar things, what problems do you want to discuss in the next issue, you can also leave a message in the comment area)