Recently, a doctor from NanJing who named Lu slapped a kid and battered an old aged as a heated discussion on line. The cause of the event which is that Lu's son had been wounded by the classmate T's beating and then Lu and his wife toke their kid to T's home to 'ask the explanation', sequently, leading to a conflict in which T was slapped and T's granfater was been hit falling down the floor causing fractured .
At present, Lu has been detained by the police in accordance with the law, and the local procuratorate has been involved in the case in advance.
In school life, children have a skirmish usually and even occasionally fighting with each other which is inevitable. when the child is bullied, often make the parents headache. If you was faced with a situation like this how would you do? To put him or her up to paying vionence back as anyone did or was down by parents themself? There are some cases happens every now and then, causing by the skirmish of the school kids.
Case one
In 9/2 2022, Huag’s kid had a little conflict with Liu’s kid at the block area during the playing time which two parents had stirred up conflicts seriously by not reconciling with properly. Subsequently，they called the relatives by each other and fought with each parties until the polices who came and controlled the scene. From which the 7 people were involved had been punished of public security detention.
Case two
In 10/7 2020, a kid named Wu of GuangDong Province who hit other kid accidentally with a stick for playing then Wu was battered by them. In 10/7 2020, a kid named Wu of GuangDong Province who hit other kid accidentally with a stick for playing then Wu was battered by them，in next to no time，the parents came one by one and complained about each other whom hadn't dicsiplined the child himself or herself. At the scene Shao was wound by Wu with the kitchen knife during the fighting which was caused by the uncontrolled emotion. In early 2021, the court sentenced Wu to seven months in prison for intentional injury.
come back to the case about Lu above said origionally which just was been a simple civil issue but changed to a administrative case or a criminal case since a clap by Lu that woud have the legal consequent as follow:
One, Administrative responsibility
If Lu slaps a child, regardless of whether the act causes minor injuries to the child, he has violated the provisions of Article 43 of the Law of the People's Republic of China on the Administration and Punishment of Public Security. If Cao slaps another person, or intentionally hurts another person's body, he shall be detained for not less than five days but not more than 10 days and shall also be fined not less than 200 yuan but not more than 500 yuan; If the circumstances are relatively minor, he shall be detained for not more than five days or fined not more than 500 yuan. In addition, because Cao hurt a child under the age of 14, he should be detained for not less than 10 days but not more than 15 days and fined not less than 500 yuan but not more than 1,000 yuan.
Lu pushed down the grandfather of the young child, resulting in the fracture of the upper segment of the old man's right fibula, which is a long limb bone in medical terms. According to the Standard for Identification of the Degree of Human Injury, it has been constituted as a minor injury. In addition, according to the provisions of Article 234 of the Criminal Law of the People's Republic of China, those who intentionally injure other people's body shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance. In this case, Cao's intentional injury has reached the level of criminal crime, so it is possible for him to be prosecuted by the public prosecution office for intentional injury.
The incident began when Lu's son, Xiao Lu, was injured by T in the kindergarten, resulting in lacerations on the scalp of Xiao Lu. According to Article 12.1 of the Civil Code of the People's Republic of China, when a person without or with limited capacity for civil conduct is studying or living in a kindergarten, school or other educational institution, If a third party other than a kindergarten, school or other institution of education suffers personal damage, the third party shall be liable for tort; Kindergartens, schools or other institutions of education that fail to fulfill their management duties shall bear corresponding supplementary responsibilities. After a kindergarten, school or other institution of education has assumed supplementary liabilities, it may seek compensation from a third party.
The above said case just a skirmish between two kids but leading to a serious result which Lu slapped kid and push down the old aged, and Lu would bear the responsibility. However, each kid is important for each parent but if the kid was bullied by others, please stay rational and search the right way to deal with the situation to help the kid. So, take it easy and don’t do anything which is harmful to your kid and yourself in the uncontrolled emotion.
Shared encouragement with all parents.
