1. First of all, the injury should be identified. If it is a minor injury or more, criminal responsibility can be investigated, and if it is a minor injury, civil responsibility can be investigated. 2. First of all, in cases where the victim's injury constitutes minor injuries and the criminal suspect needs to be investigated for criminal responsibility, according to the provisions of the Criminal Procedure Law of People's Republic of China (PRC), the public security organ shall file a case for investigation and transfer or the victim shall file a private prosecution. Secondly, according to the Regulations on Handling Injury Cases by Public Security Organs, a case that intentionally hurts others and causes minor injuries, but at the same time, the circumstances are obviously minor and the harm is not great, is not considered as a crime, and it is handled in accordance with the Law of People's Republic of China (PRC) on Public Security Administration Punishment, and both parties can mediate. 3. Whether it constitutes justifiable defense depends on how to identify it.
What should I do if I get hurt in a fight?
1. Call the police first, then apply to the police for injury identification, and determine the other party's responsibility according to the injury identification conclusion.
If it is identified as a minor injury or more, then the other party is suspected of a criminal offence and may request to be investigated for criminal responsibility.
2. You can claim civil compensation from the other party, claiming medical expenses, lost time, nutrition expenses, nursing expenses, property losses, etc. If it constitutes a disability, you can also ask the other party to compensate for the disability compensation.
Specific compensation standards for fighting:
(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 subsidy = hospitalization time × food subsidy standard for general staff of state organs in the place where medical accidents occur.
(4) The amount of compensation for the 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 disabled appliances = cost of universal appliances.
(7) The amount of compensation for funeral expenses = the 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) The amount of compensation for transportation expenses = the sum of the actual transportation expenses documents.
(10) 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.
(1 1) Compensation amount 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.
I hope the above content can help you. If in doubt, please consult a professional lawyer.
Legal basis:
Forty-third "People's Republic of China (PRC) Public Security Management Punishment Law"
Beating others, or intentionally hurting others' bodies, shall be detained for more than five days and less than ten days, and a fine of more than 200 yuan and less than 500 yuan shall be imposed; 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. Article 234 of the Criminal Law of People's Republic of China (PRC)
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.