Relevant laws and regulations: People's Republic of China (PRC) Public Security Administration Punishment Law.
Ninth public security organs can mediate and deal with minor violations of public security management caused by civil disputes, such as fighting and damaging other people's property. If the parties reach an agreement through mediation by the public security organ, they will not be punished. If the mediation fails to reach an agreement or fails to perform after reaching an agreement, the public security organ shall punish the violator of public security administration in accordance with the provisions of this law, and inform the parties that they can bring a civil lawsuit to the people's court according to law.
Article 26 Whoever commits one of the following acts shall be detained for more than five days and less than ten days, and may also be fined up to five hundred yuan; If the circumstances are serious, he shall be detained for more than 10 and less than 15, and may be fined 1000 yuan:
Gang fighting;
(2) Chasing or intercepting others;
(three) extortion or arbitrary damage, embezzlement of public or private property;
(4) Other provocative acts.
The fighting police station should handle the detention of 15, and the two sides will not pursue each other's request for mediation. Private mediation is limited. For example, many people were beaten with tools, and the mediation was not satisfactory. The police station could not mediate criminal cases. You said that detention 15 days should be an administrative case. If both parties meet the conditions for mediation and request mediation, the police station must preside over mediation.
If the mediation of the fighting police station is not good, the other party will pay 500 yuan, and I want 20 thousand yuan. Neither side agrees.
According to the provisions of the criminal law, the act of damaging others' bodies has caused some damage to others' bodies, which constitutes the crime of intentional injury. According to the situation you described, the injured person of the other party has been identified as a minor injury, so all of you who are involved in beating the other party need to be responsible for this minor injury and take full responsibility as * * * criminals.
The relevant legal basis is as follows: criminal law
Article 234 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.
2. On the issue of civil compensation.
No matter how you and your friends bear criminal responsibility, you need to make civil compensation for the victims. The other party will compensate for medical expenses, lost time, nutrition expenses, nursing expenses and property losses. If the injured person is identified as disabled, it is also necessary to compensate for disability compensation.
The charge amount can refer to the following standards.
(1) medical expenses.
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;
(2) Nutrition fee.
Nutritional expenses are defined according to the diagnosis certificate of nutritional needs and related expenses issued by doctors.
Set the amount. Refers to the cost of auxiliary treatment of physical diseases or recovery of the body as soon as possible.
(3) lost time and nursing expenses.
The lost time fee and nursing fee are determined according to the lost time fee and income of the victim or nurse. If there is a fixed income, the lost time fee shall be calculated according to the actual reduced income. If there is no fixed income, it shall be calculated according to its average income in the last three years; If the victim can't provide evidence to prove his average income in the last three years, he can refer to the average salary of employees in the same industry or similar industries where the Court of Appeal is located in the previous year. When you claim that you have lost time, it is enough to show proof of income.
(4) Transportation and accommodation expenses.
The transportation expenses are calculated according to the actual transportation expenses incurred by you and the necessary accompanying personnel for medical treatment, accompanying or transferring to hospital for treatment; Accommodation is paid according to the actual accommodation expenses of you and your entourage; Hospitalization food subsidies should be calculated according to actual expenses or local actual living standards;
(5) Disability compensation.
Disability compensation is calculated according to the disability level determined by judicial appraisal, the living expenses or income standard of the victim's domicile or actual residence. Calculated according to the per capita disposable income of urban residents or the per capita net income of rural residents in the previous year published locally, it is calculated as 20 years from the date of determination. However, for people over 60 weeks, each year of age will decrease by one year; Seventy-five years of age or older, calculated by five years;
(6) Disability AIDS.
The cost of assistive devices for the disabled shall be calculated according to the reasonable cost standard of common applicable devices.
(7) Property loss.
Property losses are limited to the actual property losses you have suffered, including the maintenance and depreciation expenses of the goods and the actual value of the damaged goods. Invoice, contract, receipt, etc. Proof of the purchased goods should be provided to prove the value of the damaged goods. If the value cannot be determined, it may apply for appraisal and be determined according to the appraisal conclusion.
The two sides fought and the mediation by the police station failed. : Is mediation once or many times? If mediation fails, one party to the dispute may continue to request mediation. Disputes, the police station can not mediate, will be submitted to the people's court for mediation until arbitration!
Fighting causes secondary damage! The two sides got each other's understanding through mediation by the police station! Also compensated each other's money. Now it is a registration system. As long as it meets the statutory circumstances, the court will file a case for acceptance. However, accepting it does not mean that you will win. Whether it constitutes a crime or not, whether to pay compensation depends on specific facts and evidence.
We fought each other, and the police station mediated the two sides to reach a compensation agreement. A few days later, the other party demanded compensation again. Should we pay? A mediation agreement was reached on compensation, and the mediation laundry has converted the tort debts of the parties into contract debts. The content of the mediation agreement is the true intention of both parties, which does not violate the law and both parties should abide by it. If you have fulfilled all your obligations in accordance with the mediation agreement, there is no legal basis for the other party to ask you for additional compensation, and the court will not support it.
So ask the other party to go through legal procedures.
If the police station fails to mediate, I will ask the other party to sue me. What will the police station do? There may be two situations when the procuratorate returns the case to the police station: 1. The suspect may not constitute a crime and the procuratorate will not approve the arrest; 2. If a crime has been suspected, the procuratorate will return the materials to the police station for supplementary investigation, and then report them to the procuratorate after the police station supplements the evidence. What should you do: 1, you ask the police station what the reason is for withdrawing the case; 2. If the procuratorate believes that it is not suspected of committing a crime, it may apply for reconsideration; 3. If the reconsideration fails, you can take the procedure of private prosecution and go directly to the court after collecting evidence. If it does not constitute a crime, you can claim economic compensation through civil litigation.
What procedures do you need to go through after the police station mediates and compensates after the fight? After the negotiation is reached, both parties shall settle the compensation, list the compensation receipt in writing, and affix the seal of the police station conditionally. No matter which party is not a party to the accident, but entrusts others to act as an agent, the other party needs to issue a certificate of entrustment, and attach a copy of the ID cards of the entrusting party and the entrusted party. After the settlement of compensation, the medical receipt, medical record, medication list and disease certificate should be handed over to the injured party, and whether the names of the above documents are consistent with the names of the victims and whether the total amount is consistent with the amount of compensation. If you don't understand, ask clearly on the spot, otherwise it will be difficult to make up afterwards.
How to sue the beating party to the court if the mediation of the fighting police station is invalid? Prosecution shall comply with the following provisions of the Civil Procedure Law:
Article 119 A prosecution must meet the following conditions: (1) The plaintiff is a citizen, legal person and other organization that has a direct interest in the case;
(2) Having a clear defendant;
(3) Having specific requests, facts and reasons;
(4) It falls within the scope of civil litigation accepted by the people's court and is under the jurisdiction of the sued people's court.
Article 121 A complaint shall contain the following items:
(1) The name, sex, age, nationality, occupation, work unit, domicile and contact information of the plaintiff, the name and domicile of the legal person or other organization, and the name, position and contact information of the legal representative or principal responsible person;
(2) Information such as the name, gender, work unit and domicile of the defendant, and information such as the name and domicile of the legal person or other organization;
(3) the request and the facts and reasons on which it is based;
(4) Evidence and its sources, names and residences of witnesses.
The police station has dealt with the fight between the two sides, but one side wants me to be responsible for the fight, right? Let's talk and see what the problem is. You can stop for five seconds to calm yourself down before you get angry. You won't want to lose your temper again ~ don't bother yourself, come on.