1. According to 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.
Under any of the following circumstances, the offender shall be detained for more than 10 and less than 15, and fined for more than 500 yuan 1000 yuan:
(1) gang up to beat or hurt others;
(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.
2. If a personal fight causes minor injuries, it should be punished as intentional injury. If it is a minor injury, it should be sentenced to fixed-term imprisonment of not more than three years, public surveillance or criminal detention. There may also be fights, and it may be suspected of committing the crime of seeking trouble or causing trouble. Anyone who intentionally hurts 14 years of age or older shall bear criminal responsibility.
Sentencing standards for fighting:
1. The key of this crime is that the perpetrator illegally and intentionally harms the health of others. 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, they should be stipulated in the Standards for Identification of Serious Injuries and the Trial Implementation of the Standards for Identification of Minor Injuries 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 due to different degrees of injury. If serious injury or injury causes death, the age of criminal responsibility shall be above 14 and below 16; Those who cause minor injuries must be 16 years old to constitute this crime.
4. The crime of intentional injury, which is clearly stipulated in the criminal law to be punished by other crimes, should be convicted and punished in accordance with the relevant provisions of the criminal law, rather than this crime.
To sum up, the sentencing for fighting is: those who gather people to fight, the ringleaders and other active participants are sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance. The crime of affray refers to the act of affray and disrupting public order for revenge, hegemony or other improper purposes.
Legal basis:
Article 292 of the Criminal Code of People's Republic of China (PRC).
Crime of affray: ringleaders or other active participants shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or control; Under any of the following circumstances, the ringleaders and other active participants shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years:
(a) repeatedly affray;
(2) affrays are large in number and scale and have a bad social impact;
(three) in public places or traffic arteries, causing serious social disorder;
(4) Armed affrays.
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.