If someone wants to fight, how can it be considered justified defense?

The following conditions must be met to constitute legitimate defense: (1) there must be an unlawful offense. The illegality of the infringement is the basis for the legitimate existence of legitimate defence.

If the violation is lawful, there is no right to defend itself, as in the case of a judicial officer who has been arrested in accordance with the law. (2) The unlawful offense must be in progress in order for legitimate defense to be exercised. The so-called unlawful infringement is ongoing, which has two meanings:

First, it means that the infringement is actual and not subjectively imaginary or speculative; The second is that the wrongful infringement is ongoing, not that it has not yet occurred or has ended. (3) Legitimate defense can only be exercised if it is to defend the state, the public interest, the person, property and other rights of oneself or others. Defence for the purpose of protecting illicit interests cannot be justifiable defence.

4) Justifiable defense must be carried out against the wrongdoer himself, and cannot be carried out against others, including relatives or family members of the wrongdoer. However, those who jointly commit unlawful offenses, such as the organizers and commanders at the scene, may exercise legitimate defense. (5) Justifiable defense must not clearly exceed the necessary limit and cause significant damage.

According to the current criminal law, the so-called necessary limit refers to the limit of legitimate self-defense to effectively stop the unlawful offense. That is, as long as such a defensive act is necessary to effectively stop the unlawful infringement under the specific circumstances at the time, it cannot be considered to exceed the necessary limit, regardless of whether its nature, means, intensity and consequences are compatible with the unlawful infringement. If, on the other hand, the measures taken in defence were not necessary in the circumstances, the perpetrator should be held responsible for his conduct.

In this case, when A was out of the house, he placed a defensive device in his house, causing B to intrude into A's house and then being slightly injured by the defensive device. To be sure, A's purpose was to protect his own property and not to harm others; It is not illegal to install a defensive device in one's own home and does not endanger public safety; Although there was no ongoing unlawful aggression at the time the defence was placed, it functioned while the unlawful aggression was in progress and was therefore not a prior defence. The next step is to see whether the defense is excessive, which refers to the act of defense that clearly exceeds the necessary limit and causes significant damage to the wrongdoer.

Criminal responsibility should be borne for excessive self-defense, but it should be noted that excessive self-defense is not an independent crime in itself, but should be determined according to the constitutive elements of the crime it meets. According to the general theory, excessive defense is generally subjectively negligent, but the possibility of indirect intent cannot be ruled out. In the case of negligence, if it causes the death or serious injury of another person, it constitutes the crime of negligent causing death or negligent causing serious injury; If it is indirectly and intentionally causing the death or serious injury of another person, it constitutes the crime of intentional homicide or intentional injury.

In this case, only minor injuries were caused to the infringer, which was not excessive self-defense, and therefore did not constitute the crime of intentional injury.

You're asking the right person, I'm a connoisseur.

You also carry knives when you first start and you scare them.

Don't be afraid.

It's better to take that kind of woman's "hairpin".

A pointy stick will do.

And a few pebbles will do.

Now I'll show you how to use it.

You first take a knife and say to them, "You really want to play, I'll play with you, don't blame me if something happens."

They will definitely scold you, or laugh at you.

You're ready to go.

Remember! Be sure to remember!

Hit with your head down, don't get your eyes on it, look your head at the ground, and hit it against your stomach or "that".

It's really not good, throw rocks (small ones, big ones) and then someone pulls you to fight, that kind of close-range attack.

You take out the pointed one and put it on his back, with all your might.

So you can.

Also, if you are beaten, you don't care, continue to beat, so that others know that you are not afraid of death.

It's too much defense to bring something, and you have a responsibility, don't do that, it's actually very simple, if they hit you, you just lie on the ground, let 120 come over, go to the hospital for a comprehensive examination, and say that it's not comfortable here, it's not good there, anyway, talk more, check more, at least it will cost a few thousand, and he won't dare in the future.

There are a lot of things like this, and it's often the case in our school. If they want it, it's right for you to bring a knife, even if it's a double stroke, it's more deterrent.

It's very troublesome to encounter this, every time you fight until both sides are injured at the end, and then the parents intervene and lose money in the end, that's it.

I don't know if you want to participate in the fight. If so, there is no mention of justifiable defense.

First of all, you must be in a very urgent situation, you are under great threat, you can use legitimate defense, if you are involved in a gangster fight, it is called a crowd fight, there is no winner on both sides, you are breaking the law.

It's right to call 110, regardless of whether the two sides are injured or not, 110 will take care of it, and it may be mainly to disperse and detain key people.

With one to more, you think you Bruce Lee, run away first, and then don't be afraid of losing face, tell the teacher or parents.

If people don't offend me, I don't offend anyone. As long as he gets you first. Just don't make him half-crippled.

Don't resist. Run away first.

And then come back to it.

If you bring a knife.

Even if you're scared.

But that's also dangerous.

In case of... Anyway, it has to be solved in a rational way.

Put down the butcher's knife and become a Buddha!

Is being beaten back considered justified defense, and how is justifiable defense determined?

In principle, there is no justifiable defense in a fight, but if one party clearly begs for mercy in the course of a fight, and the other party still shows no signs of stopping the attack and continues to inflict harm, the necessary defensive measures taken by the party begging for mercy to prevent new unlawful infringement are justified defense, or in a fight, when one party ** clearly escalates and the other party takes necessary defensive measures to prevent the occurrence of serious consequences, the necessary defensive measures are justified defense. At the same time, the adoption of defensive measures must also meet the requirements of justifiable defense, that is, "the target of justifiable defense must be an unlawful offense; It must be an act of defence while the wrongful encroachment is ongoing; Justifiable defence cannot go beyond certain limits. ”

1. What is the administrative punishment (public security punishment) for fighting?

According to the Public Security Administration Punishment Law, anyone who assaults another person, or intentionally harms another person's body, is to be detained for not less than 5 days but not more than 10 days, and fined not less than 200 yuan but not more than 500 yuan. In any of the following circumstances, he shall be detained for between 10 and 15 days and fined between 500 and 1,000 RMB

1) Gang up to beat or injure others;

2) Beating or injuring persons with disabilities, pregnant women, persons under the age of 14, or persons over the age of 60; Arguments.

3) Repeatedly beating or injuring others, or beating or injuring multiple people at a time. If you are a gang to beat or injure others, you will be detained for not less than 10 days but not more than 15 days, and you will also be fined not less than 500 yuan but not more than 1,000 yuan.

2. What is the punishment for the crime of intentional injury in a fight?

The first paragraph of Article 234 of the Criminal Law of the People's Republic of China stipulates: "Whoever intentionally injures the body of another person shall be sentenced to fixed-term imprisonment of not more than three years, short-term detention or controlled release." "Whoever commits the crime in the preceding paragraph and causes serious injury to another person is to be sentenced to fixed-term imprisonment of not less than three years but not more than ten years; Whoever causes death or seriously injures a person by especially cruel means, causing serious disability, is to be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment, or death.

Where this Law provides otherwise, follow those provisions.

According to the provisions of this article, as long as the crime of intentional injury is constituted, causing minor injuries shall be sentenced to fixed-term imprisonment of not more than three years, short-term detention or controlled release; and where serious injury is caused and serious disability is caused, a sentence of 10 or more years imprisonment, life imprisonment or death is to be given. In cases of intentional injury, if the defendant accidentally injured the victim in a fit of anger because the victim was clearly at fault before the crime, and the circumstances are obviously minor, and the defendant can actively compensate the victim for economic losses after the crime occurs, the punishment should generally be mitigated or waived. Incidental civil compensation arising from the criminal act of intentionally injuring another person's body falls within the scope of criminal law adjustment and should be punitive.