1. To be identified, if it is a minor injury, it may or may not be detained; If it is a serious injury, criminal detention will be carried out.
2. If you are slightly injured (including minor injuries) or more, the other party is suspected of committing a criminal offence and will be detained in criminal detention;
3. If it is only a minor injury, the other party may be punished by public security (depending on the circumstances), including:
(1) warning;
(2) a fine;
(3) detention.
Second, the treatment after hurting others:
1. If a person is beaten, you can first make a medical appraisal of the degree of disability. If private consultation fails, you can keep relevant evidence and appraisal results and bring a lawsuit to the court;
2. If it is a minor injury, punish the hitter for public security, and bear the victim's medical expenses, lost time and other expenses;
3. If the crime of intentional injury is established due to minor injuries or more, a lawsuit can be brought to the people's court for criminal responsibility, and a civil lawsuit can be brought against it, requiring the hitter to bear relevant expenses.
3. The compensation standard for fighting is:
1. General provisions:
(1) If fighting causes injuries to others, but has not caused disability, it shall compensate the medical expenses and income reduced due to missed work. Medical expenses generally include medical expenses, treatment expenses, nursing expenses, transportation expenses, accommodation expenses, necessary nutrition expenses, etc.
(2) If a fight causes a person to be disabled, in addition to all expenses such as medical expenses and lost time, it shall also compensate the disabled person for living allowance, self-help expenses, disability compensation, and the necessary living expenses of the person who was actually raised by the disabled person before the disability and had no other source of income.
(3) if a fight causes death, in addition to all expenses such as medical expenses, funeral expenses, death compensation, and necessary living expenses of people who were actually raised by the deceased before his death and had no other source of income should also be paid.
2. Specific compensation standard:
(1) Compensation amount for medical expenses = medical expenses incurred (excluding primary medical expenses) and expected medical expenses.
(2) Compensation amount for lost time = lost time × income standard (fixed income of patients reduced due to lost time).
(3) Hospitalization food allowance = hospitalization time × food allowance standard for general staff of state organs in the place where the medical accident occurred.
(4) The compensation amount of escort fee = the number of escort days × the number of escorts × the annual average salary of employees on the ground where the medical accident occurred.
(5) Disability living allowance compensation = disability level × average annual living expenses of residents in the place where the medical accident occurred × compensation period.
(6) Compensation amount for appliances for the disabled = cost of universal appliances.
(7) Compensation amount for funeral expenses = average monthly salary of employees in this city last year ×6 months.
(8) the amount of compensation for the living expenses of the dependents = the number of dependents × the minimum living standard for local residents × the number of years of support.
(9) Compensation amount for transportation expenses = sum of actually needed transportation expenses documents.
(1) Compensation amount of accommodation fee = number of days of accommodation × standard of accommodation allowance for ordinary staff of state organs where the medical accident occurred.
(11) amount of compensation for mental damages = medical expenses) The average annual living expenses of residents in the place where the accident occurred × years (the longest death shall not exceed 6 years, and the longest disability shall not exceed 3 years.
(12) Death compensation.
IV. Compensation standard for minor injuries in fighting:
1. Medical expenses are determined according to receipts and vouchers such as medical expenses and hospitalization expenses issued by medical institutions, combined with medical records, diagnosis certificates and other relevant evidence. If the obligor for compensation disagrees with the necessity and rationality of the treatment, he shall bear the corresponding burden of proof.
2. The lost time fee is determined according to the lost time fee and income of the victim.
(1) The lost time fee is determined according to the certificate issued by the medical institution where the victim sees a doctor. If the victim continues to be absent from work due to injury and disability, the absence time can be calculated to the day before the date of disability.
(2) If the victim has a fixed income, the lost time fee shall be calculated according to the actual reduced income.
(3) If the victim has no fixed income, it shall be calculated according to his average income in the last three years; If the victim can't provide evidence to prove his average income in the last three years, he can refer to the average salary of employees in the same industry or similar industries where the Court of Appeal is located in the previous year.
3. The nursing fee is determined according to the income of nursing staff, the number of nurses and the nursing period.
(1) If the nursing staff has income, it shall be calculated with reference to the provisions on lost time; If the nursing staff has no income or employs nursing staff, it shall be calculated with reference to the local labor remuneration standard for nursing staff at the same level.
(2) There is one nursing staff in principle, but if the medical institution or appraisal institution has a clear opinion, the number of nursing staff can be determined by reference.
4. Hospitalization food allowance:
(1) It can be determined by referring to the food allowance standard for ordinary staff of local state organs.
(2) It is really necessary for the victim to go to other places for treatment, and he cannot be hospitalized due to objective reasons. A reasonable part of the accommodation and food expenses actually incurred by the victim and his entourage shall be compensated.
5. Disability compensation is calculated for 2 years from the date of disability according to the degree or level of disability of the victim and the per capita disposable income of urban residents or the per capita net income of rural residents in the previous year.
6. The cost of assistive devices for the disabled shall be calculated according to the reasonable cost standard of common applicable devices.
Legal basis:
Article 19 of the Law of People's Republic of China (PRC) on Public Security Administration Punishment
In case of violation of public security administration, the punishment shall be mitigated or not punished:
(1) The circumstances are particularly minor;
(2) voluntarily eliminating or mitigating the illegal consequences and obtaining the understanding of the infringed;
(3) being coerced or cheated by others;
(4) voluntarily surrender and truthfully state their illegal acts to the public security organs;
(5) having rendered meritorious service.
Article 43 of the Law of People's Republic of China (PRC) on Public Security Administration Punishment
Whoever beats another person or intentionally hurts another person's body shall be detained for not less than five days but not more than ten days, and shall be fined not less than 2 yuan but not more than 5 yuan; If the circumstances are minor, they shall be detained for not more than five days or fined not more than five hundred yuan.
under any of the following circumstances, the offender shall be detained for more than 1 days and less than 15 days, and fined for more than 5 yuan and less than 1 yuan:
(1) beating or injuring others in a gang;
(2) Beating or injuring a disabled person, a pregnant woman, a person under the age of 14 or a person over the age of 6;
(3) beating or hurting others for many times or beating or hurting more than one person at a time.