Traditional Culture Encyclopedia - Traditional festivals - Combat-related laws

Combat-related laws

Legal subjectivity:

(1) If a fight causes minor injuries to the other party, in addition to compensating others for medical expenses and other losses, they shall also bear criminal responsibility for intentional injury. If it is a minor injury or less, it is necessary to compensate others for medical expenses and other losses, without criminal responsibility, but it is likely to be detained by the public security. Public security detention is generally 3 days-15 days. Article 234 of the Criminal Law Whoever intentionally harms another person's body shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance. Whoever commits the crime mentioned in the preceding paragraph and causes serious injuries shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years; Whoever causes death or serious disability by particularly cruel means shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or death. Where there are other provisions in this Law, such provisions shall prevail. (two) fighting may be suspected of committing the crime of stirring up trouble. Article 292 of the Criminal Law of People's Republic of China (PRC) (passed in July 1979, revised on March 4/997, and implemented on June 00/997) stipulates that the crime of affray is affray, and the ringleaders and criminals shall be punished. Under any of the following circumstances, ringleaders and other active participants shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years: those who have repeatedly gathered people to fight, with a large number of people and a large scale, and have a bad social impact; Gathering people to fight in public places or traffic arteries, causing serious social disorder; Armed fight. Whoever gathers people to fight and causes serious injury or death shall be convicted and punished in accordance with the provisions of Articles 234 and 232 of this Law. Article 293 Whoever commits one of the following acts of provoking troubles and disturbing social order shall be sentenced to fixed-term imprisonment of not more than five years, criminal detention or public surveillance: beating others at will, if the circumstances are bad; Chasing, intercepting, insulting or intimidating others, and the circumstances are bad; Forcing or arbitrarily damaging or occupying public or private property, if the circumstances are serious; Accommodating people in public places, causing serious disorder in public places. Whoever gathers people for many times to commit the acts mentioned in the preceding paragraph and seriously undermines social order shall be sentenced to fixed-term imprisonment of not less than five years but not more than 10 years and may also be fined. Criminal Law Amendment (VIII) Article 42 of China's Criminal Law How to Punish Fighting According to Chinese laws, if a fight causes minor injuries to the other party, it is not necessary to bear criminal responsibility, and may be detained by public security, and it is also necessary to compensate the other party for related medical expenses. Those who cause minor injuries or more shall bear corresponding criminal responsibilities according to the degree of injury of the other party. In our daily life, fighting may be suspected of causing trouble. According to the laws of China, we not only need to go to jail, but also may be fined.

Legal objectivity:

How to deal with the fight? If it is a minor injury, it will not face criminal punishment; Those who cause minor injuries may face fixed-term imprisonment of not more than three years, criminal detention or control. According to Article 43 of the Law on Public Security Administration Punishment: "Whoever beats others or intentionally hurts others' bodies shall be detained for more than five days and less than ten days, and shall be fined more than 200 yuan and less than 500 yuan; If the circumstances are minor, they shall be detained for not more than five days or fined not more than five hundred yuan. Those who cause minor injuries or more constitute intentional injury and will be sentenced. Sentenced according to the following terms. Article 234 Whoever intentionally harms another person's body shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance. Whoever commits the crime mentioned in the preceding paragraph and causes serious injuries shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years; Whoever causes death or serious disability by particularly cruel means shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or death. Where there are other provisions in this Law, such provisions shall prevail. The crime of intentional injury refers to the act of intentionally and illegally damaging the health of others. In judicial practice, we should pay attention to the following issues in the determination and punishment of this crime: 1. The key to this crime is that the perpetrator has illegally and intentionally harmed the health of others. In this regard, we should pay attention to the following two points: (1) The illegality of injury is the premise of this crime. If the injury is legal, such as self-defense or emergency avoidance, it does not constitute a crime; (2) The intentional injury of this crime must be the health of others. Self-injury behavior cannot constitute this crime, but it may constitute other crimes under special circumstances. For example, a soldier who injures himself in order to avoid military obligations in wartime shall be punished as the crime of wartime self-mutilation in accordance with the provisions of Article 434 of the Criminal Law. 2. The degree of injury that constitutes this crime is limited to three situations: minor injury, serious injury and death due to injury. Minor injuries and general beatings below minor injuries do not constitute this crime. As for the criteria for distinguishing serious injuries, minor injuries and minor injuries, it should be stipulated in the Standards for Appraisal of Serious Injuries and Standards for Appraisal of Minor Injuries (for Trial Implementation) jointly issued by the Supreme People's Court, the Supreme People's Procuratorate, the Ministry of Public Security and the Ministry of Justice: 3. The age of criminal responsibility of the subject of this crime has different requirements according to the degree of injury, and if serious injury or injury causes death, the age of criminal responsibility is over 14 and under 65438. Those who cause minor injuries must be 16 years old to constitute this crime. 4. The criminal law clearly stipulates that the crime of intentional injury punished by other crimes should be convicted and punished in accordance with the relevant provisions of the criminal law, not this crime.