Legal analysis
1. If the judicial appraisal causes the above minor injuries, it constitutes the crime of intentional injury and will be punished. If it has not caused serious consequences, it may be given administrative punishment.
2. According to Article 43 of the Law of People's Republic of China (PRC) on Public Security Administration Punishment, anyone who beats others can be detained for more than five days and less than ten days, and be fined between two hundred yuan and five hundred yuan; If the circumstances are minor, they shall be detained for not more than five days or fined not more than five hundred yuan. If the act of biting one's ear is not recognized as a minor injury, administrative detention and a fine may be imposed.
3. If the beating causes minor injuries to others, it is intentional beating. Therefore, if the act of biting off a small piece of ear constitutes a minor injury after injury identification, it needs to bear criminal responsibility. At this time, it may constitute the crime of intentional injury as stipulated in Article 234 of the Criminal Law of People's Republic of China (PRC), and it may be punished with fixed-term imprisonment of not more than three years, criminal detention or public surveillance. If it constitutes a serious injury, it can be punished for more than three years.
legal ground
Article 234 of the Criminal Law of People's Republic of China (PRC) 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.
Article 43 of the Law of People's Republic of China (PRC) 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. Under any of the following circumstances, he shall be detained for not less than 10 days but not more than 15 days, and shall be fined not less than 500 yuan but not more than 1,000 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 60; (3) Beating or injuring others for many times or beating or injuring more than one person at a time.