What is justifiable defense, and what is justifiable defense

Article 20 of the Criminal Law of the People's Republic of China stipulates: "Any act taken to stop an unlawful infringement in order to protect the public interest of the state, the person, property and other rights of oneself or others from an ongoing unlawful infringement and cause damage to the wrongdoer shall be regarded as justified defense and shall not bear criminal responsibility."

I think that if he is generally injured, he will not bear criminal responsibility, it is legitimate defense, and if he is disabled or killed, it will be combined with the specific circumstances at the time of sentencing, it may be excessive defense, but excessive defense can reduce the punishment, and generally will not be sentenced very severely, you should also pay attention when you fight, if you have practiced martial arts, start a little lighter, and hit him until he is unable to fight back and hurt you is almost the same, pay attention to proportion, if the other party is also very strong, when you really have no choice, you can use ruthless means, Because you are forced, objectively you are legitimate, and there is no way to do so. The law will punish lightly, or even not be held responsible. You seem to be very afraid of the law, but in fact, the law is people-oriented and the fairest, think about it yourself, if someone beats you, the situation is urgent, the law says that you can't fight back, think about it, what will happen to society, and take action when it's time to act.

I have practiced some martial arts, the purpose is self-defense and fitness, and in a situation like yours, you can take action, which is also self-defense, and I think it is legal.

Look at what he brought when he came, he brought something very sharp**, if he brought, it would be serious, you can defend yourself, and if he brought a sharp ** such as a dagger, it should not be considered excessive defense if he was killed, as long as he did not go through your permission, or you drank and ordered him to go out, he could not be missing, then he had already broken the law and trespassed on the house, if he didn't bring anything, he came empty-handed, but you beat him to death, then it was over-defended, if he was beaten underground, If you don't have the ability to fight back, or if you don't kill him all at once, then you may constitute intentional homicide, and what crime I said you may have constituted, and this right is in the hands of the judge. I'm coming to your question from the legal side. What to do about your problem, I hope you still depend on the situation, this kind of thing I have encountered, people with families sometimes can't be impulsive at every turn, after all, with those who feed the whole family without hunger.

It's incomparable, hehe, as for how to solve the matter, it's still up to you to decide the situation. If you have any questions about the law, you can ask

When someone attacks you physically and will be harmed, your resistance is legitimate defense.

Note: Retaliation after the fact does not count as justifiable self-defense.

Whether it's 1 or 2, as long as you make sure that you are safe and that you don't get hurt by the other party, if you don't hurt or die, don't hurt or die, otherwise you will still be criminally responsible.

1. Yes, but you must defend yourself at the time and not exceed the necessary limit, otherwise it will be established that the defense is excessive, that is to say, you must be at the time of being illegally violated, you can't finish beating you and they run away and then you chase out to fight, understand? For example, if he punches you and you seriously injure him or even kill him, this is excessive, and it is called excessive defense in law.

2. Just, serious endangerment of the person's ongoing **, (knife wounding has already reached) robbery and other serious endangerment of the person, can be defended without restriction, and it can be killed, but it must be when it is being illegally infringed.

What is justifiable defense? Star Awareness Project

Can I fight back when someone hits me?

"Justifiable defense" refers to the act taken to stop the unlawful infringement against a person who is in the process of unlawful offense, and causes a certain amount of damage to the unlawful offender, which is justified defense and does not bear criminal responsibility.

It should meet the following criteria:

1. The legitimate defense must be directed against an unlawful offense.

(ii) it must be at the time when the unlawful infringement is ongoing;

III. Justifiable Defense Cannot The essence of justifiable defense lies in stopping unlawful infringements and protecting legitimate rights and interests. It has the following basic characteristics:

1 Justifiable defense is the unity of the justification of the purpose and the defensiveness of the act.

Justification of purpose means that the purpose of justifiable defense is to protect the state, the public interest, the person, property and other rights of the person or others from ongoing unlawful infringement. The legitimacy of the purpose is closely related to the defensiveness of the act. First, the legitimacy of the purpose restricts the defensiveness of the act.

Second, the defensive nature of the act embodies the legitimacy of the purpose and is an objective manifestation of the legitimacy of the purpose.

2 Justifiable defense is the unity of subjective defensive intent and objective defensive behavior.

"Defensive intent" refers to the state of mind in which the defender is aware of the ongoing unlawful infringement and is determined to stop the ongoing unlawful infringement in order to protect the state, the public interest, the person, property, and other lawful rights of the person or others. There is an essential difference between legitimate defense and crime, and only when we see the essence of legitimate defense to stop illegal infringement and protect the legitimate rights and interests of the state and other countries can we truly grasp the basis for justifiable defense not to bear criminal responsibility.

3 Justifiable defense is the unification of socio-political and legal evaluations.

The purpose of justifiable defense is to protect the state, the public interest, the person, property and other rights of oneself or others from ongoing unlawful infringement, and objectively has the nature of stopping unlawful infringement and protecting legitimate rights and interests.

Significance: 1. Protect social interests and other legitimate rights and interests from illegal infringement.

2. Deter criminals from acting rashly.

3. Encourage citizens to fight against ongoing wrongful violations.

Legal basisArticle 20 of the Criminal Law of the People's Republic of China.

Where an act taken to stop an unlawful infringement is taken in order to protect the state, the public interest, or the person, property, or other rights of oneself or others from an ongoing unlawful infringement, and causes damage to the unlawful infringer, it is justified defense and does not bear criminal responsibility.

Article 20 of China's Criminal Law stipulates that if an act taken to stop an unlawful infringement is taken in order to protect the state, the public interest, the person, property and other rights of oneself or others from ongoing unlawful infringement, and causes damage to the unlawful infringer, it is justified defense and does not bear criminal responsibility. Where legitimate defense clearly exceeds the necessary limit and causes major harm, criminal responsibility shall be borne, but punishment shall be commuted or waived.

It's okay, you're a legitimate defense and have no legal responsibility.

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