What is the situation of fighting?
Legal analysis
According to the relevant laws and regulations, the behavior of beating others is as follows: first, the actor must be intentional, that is, the actor knows that his behavior will cause harm to the health of others, and hopes or allows this result to happen. Second, the actor has committed the act of beating others or intentionally hurting others' bodies. The so-called beating others means that the perpetrator publicly beats others, which is a typical behavior of bullying the weak or bullying the small with the big. Although the causes are different, some are caused by a trivial matter or a quarrel, and some are simply trying to be brave and overbearing. There is no reason, and a little fight will not affect the punishment for this behavior. His behavior mainly takes punching and kicking, which generally only causes temporary pain to others' bodies and flesh, and the person who is beaten may not be injured. Intentional harm to the health of others refers to illegal harm to the health of others. There are various forms of hurting others, including hitting people with stones and sticks, driving animals away from biting people, stabbing people with needles, scalding water and so on. This kind of injury has caused slight harm to others' bodies, but it is not enough for criminal punishment. In practice, we should pay attention to the difference between beating others and affray. Beating others refers to the act of one or more people on one side beating one or more people on the other side, which is an act of infringing citizens' personal rights; And group fighting refers to the act of beating each other in a group, which is the act of disturbing public order by many people on both sides. Due to the different nature, the punishment targets in these two cases are also different. Generally speaking, beating others is only a unilateral fault, and the hitter should be punished, while group fighting is an act that both sides violate public security management, and generally both actors should be punished.
legal ground
Article 43 of the Law of People's Republic of China (PRC) on Public Security Administration Punishment, whoever beats others, or intentionally hurts others' bodies, shall be detained for more than five days and less than ten days, and shall be fined more than 200 yuan and less than 500 yuan; 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.