In the case of affray, if both parties reach a settlement, a letter of understanding can be issued. A letter of understanding is an agreement reached by both parties voluntarily, indicating that they understand each other's behavior and do not pursue each other's legal responsibilities. However, a letter of understanding is not necessary. If both parties are unwilling to issue a letter of understanding, they can also solve it by other means.
First, the legal nature of affray
Gathering people to fight refers to the beating and fighting behavior of three or more people in public places or other places due to trivial matters, disputes and other reasons. This kind of behavior not only violates the laws and regulations of social security management, but also may constitute a criminal offence. Therefore, affray is a serious illegal act and must be punished by law.
Second, the role of the letter of understanding
A letter of understanding is an agreement reached by both parties voluntarily, indicating that they understand each other's behavior and will not pursue each other's legal responsibilities. In the case of affray, if both parties reach a settlement, a letter of understanding can be issued. A letter of understanding can play a role in resolving contradictions and promoting social harmony. At the same time, the letter of understanding can also be used as evidence for both parties to defend in court.
3. Is it necessary to issue a letter of understanding?
Although the letter of understanding can play a certain role, it does not have to be issued. If both parties are unwilling to issue a letter of understanding, they can also solve it through other channels, such as mediation, arbitration or litigation. In addition, in some cases, even if a letter of understanding is issued, both parties may still bear corresponding legal responsibilities.
Fourth, the legal responsibility of affray.
No matter whether a letter of understanding is issued or not, the act of gathering people to fight may constitute an illegal and criminal act and need to bear corresponding legal responsibilities. According to the Law of People's Republic of China (PRC) on Public Security Administration Punishment, affray may be subject to administrative punishment or criminal punishment. If it causes personal injury or property damage to others, it also needs to bear corresponding civil liability for compensation.
To sum up:
In the case of affray, if both parties reach a settlement, a letter of understanding can be issued. However, a letter of understanding is not necessary. If both parties are unwilling to issue a letter of understanding, they can also solve it by other means. No matter whether a letter of understanding is issued or not, the act of gathering people to fight may constitute an illegal and criminal act and need to bear corresponding legal responsibilities. Therefore, we should abide by laws and regulations and not participate in any form of affray.
Legal basis:
Article 25 of the Law of People's Republic of China (PRC) on Public Security Administration Punishment stipulates that those who gather people to fight shall be detained or given a warning for more than five days and less than ten days, and may be fined up to 500 yuan; If the circumstances are serious, they shall be detained for not less than 10 days but not more than 15 days, and may also be fined not more than 1,000 yuan.