The investigation of legal responsibility should be based on the conclusion of the police's injury appraisal. If one party meets the standard of minor injuries, the other party shall bear criminal responsibility. If both sides meet the standard of minor injuries, both sides will bear criminal responsibility. If both sides fail to meet the standard of minor injuries, the police can punish them according to public security cases. In this situation where both sides are injured, it is suggested that negotiation is the best solution. 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. If both sides continue to make trouble, both sides will face punishment. If the police don't handle the case, both parties have the right to file a criminal private prosecution with incidental civil action. Fighting may constitute a crime of intentional injury, and those who cause minor injuries above the second level will be punished. In addition, if people gather to fight to form a fight, the ringleaders and other active participants shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance.
Compensation for minor injuries caused by fighting in civil disputes is as follows:
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 the other party is suspected of a criminal offence after being identified as slightly injured, he 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. The amount of expenses can refer to the following standards. Medical expenses are determined according to the hospital diagnosis certificate and regular medical invoices. Including registration fee, examination fee, operation fee, medical fee, hospitalization fee, plastic surgery fee and follow-up treatment fee.
legal ground
Criminal law of the people's Republic of China
Article 234 stipulates the punishment for the crime of intentional injury: whoever intentionally hurts 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.