First, how to judge and compensate for minor injuries caused by fighting.
If the beating causes minor injuries, the beating constitutes a crime and should bear criminal responsibility. In terms of civil compensation, the hitter should make compensation according to the respective responsibilities of both parties to the dispute. The main compensation items are: medical expenses, lost time, nursing expenses, nutrition expenses, hospital food subsidies, transportation expenses, etc. If it constitutes a disability, the victim can also claim compensation for disability compensation, spiritual comfort, disability AIDS, etc.
Beating causes minor injuries, which constitutes the crime of intentional injury in criminal law, and can be punished with imprisonment of not more than three years. If the criminal suspect and the victim reach a compensation agreement and obtain the understanding of the victim, the judicial organ may give a lighter, mitigated or exempted criminal punishment.
Article 234 of the Criminal Law 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.
Second, the punishment provisions for fighting.
According to Article 43 of People's Republic of China (PRC) Public Security Administration 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 two hundred yuan and less than five hundred 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, the offender shall be detained for more than 10 and less than 15, and fined for more than 500 yuan 1000 yuan:
(a) gang beating, hurting 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. "
(Those who cause minor injuries or more constitute intentional injury and are sentenced):
According to Article 234 of the Criminal Law of People's Republic of China (PRC), the crime of intentional injury stipulates:
"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. "
Third, how to identify the crime of intentional injury
The crime of intentional injury refers to the act of intentionally and illegally damaging the health of others. In judicial practice, we should pay attention to the following issues in the determination and punishment of this crime:
(1) The key point of this crime is that the actor illegally and intentionally damages 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, the Supreme People's Court, the Supreme People's Procuratorate, the Ministry of Public Security and the State should be used.
The appraisal standard of human injury degree (20 14+00+ 1 implementation) jointly issued by the Ministry of Security and the Ministry of Justice shall prevail.
(3) The age of criminal responsibility of the subject of this crime has different requirements due to different degrees of injury.
1. A person who has reached the age of 16 commits a crime and shall bear criminal responsibility;
2. A person who has reached the age of 14 and is under the age of 16 commits the crime of intentional homicide, intentional injury, causing serious injury, death, rape, robbery, drug trafficking, arson, explosion and throwing dangerous substances, and shall bear criminal responsibility;
3. If a person who has reached the age of 12 but under the age of 14 commits intentional homicide, intentional injury, death or serious disability by particularly cruel means, if the circumstances are bad, he shall bear criminal responsibility if he is prosecuted with the approval of the Supreme People's Procuratorate. (Amendment 11 of the Criminal Law has been adjusted)
Whoever is investigated for criminal responsibility in accordance with the provisions of the preceding three paragraphs shall be given a lighter or mitigated punishment.
(4) The criminal law clearly stipulates that the crime of intentional injury combined with other crimes shall be convicted and punished in accordance with the relevant provisions of the criminal law, and cannot be combined with this crime.
(5) Whoever commits this crime shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance; Those who cause serious injuries shall be sentenced to fixed-term imprisonment of not less than 3 years 10 years; Whoever causes death or serious injury by particularly cruel means and causes serious disability shall be sentenced to fixed-term imprisonment of not less than 10, life imprisonment or death.
Fourth, the cost of fighting.
1. Fighting cost of minor injuries = detention for 5 days to 15 days+fine 500 yuan to 1000 yuan+compensation for medical expenses and lost time+salary earned less due to detention.
2. The fighting cost of minor injuries = fixed-term imprisonment of less than 3 years+compensation+medical expenses, lost time and other compensation+wages earned less due to sentence.
3. The fighting cost of serious injury = fixed-term imprisonment, life imprisonment or death penalty+economic compensation+serious social and family impact for more than 3 years 10 years.
4. Additional cost of fighting = civil liability cost (legal fees+attorney fees+medical expenses+lost time)+criminal record+depressed mood+reputation damage+worries of family and friends+
Work, business, etc. Suffered greater losses.
Based on the above, it seems that the compensation standard for fighting in China is relatively standardized and the punishment is relatively strict.