The party who is beaten in a fight needs to file a lawsuit in court. Is it a civil lawsuit or a criminal lawsuit?

If the beaten party sues for compensation, it is a civil lawsuit. If the beaten party sues the batterer for criminal liability, it is a criminal private prosecution and a criminal lawsuit. The beaten party simultaneously sues the batterer for criminal liability and compensation, which is a civil lawsuit incidental to the criminal private prosecution. If the attacker has been prosecuted by the procuratorate and the victim demands compensation at the same time, it is a criminal prosecution plus an accompanying civil lawsuit.

Legal Analysis

If one party suffers more than minor injuries (minor injuries in the sense of criminal law), it constitutes a criminal offense and requires criminal liability. If the injury is minor, it is a civil case. The public security bureau will usually issue a notice of refusal to file a case, and you can file a lawsuit with the court based on the notice of refusal to file a case, and you can claim compensation for losses. The subject of the crime of intentional injury is a general subject. Any natural person who has reached the age of criminal responsibility and has the capacity for criminal responsibility can commit the crime of intentional injury. Among them, any natural person who is over 14 years old but under 16 years old and intentionally causes serious injury or death shall bear criminal responsibility. Whether a fight is a criminal or civil matter depends on whether the victim was slightly injured. If the victim has been slightly injured, it constitutes the crime of intentional injury, and if the victim is seriously injured, the circumstances are serious. Generally, minor injuries will result in a prison sentence of less than three years and compensation to the victim. Public security organs can mediate violations of public security management such as fights and damage to other people's property caused by civil disputes. If the parties reach an agreement through mediation by the public security organ, they will not be punished. No agreement is reached after mediation or the agreement is not fulfilled after reaching an agreement.

Legal Basis

Article 112 of the "Criminal Procedure Law of the People's Republic of China" The People's Court, the People's Procuratorate or the Public Security Bureau shall, in accordance with the scope of jurisdiction, handle reports, accusations and reports. and surrender materials, conduct a timely review, and if it is believed that there are criminal facts that require criminal liability, the case shall be filed; if it is deemed that there are no criminal facts, or the criminal facts are obviously minor, and criminal liability does not need to be investigated, the case shall not be filed, and the complainant shall be informed that the case will not be filed. Reasons for filing the case. If the complainant is dissatisfied, he or she may apply for reconsideration.