Is there civil liability for justifiable defense?

There is no need to bear civil liability. According to Article 128 of the General Principles of the Civil Law of the People's Republic of China, a person who causes damage due to legitimate defense shall not bear civil liability. Where legitimate defense exceeds the necessary limits and causes undue harm, appropriate civil liability shall be borne.

In justifiable defense, there is a limit that if the other party is physically injured within the limits prescribed by law, the justified defender does not have to bear civil liability. And if the defense is excessive and causes undue damage to the other party, then it will have to bear the corresponding civil liability.

Justifiable defense refers to the act of defense taken to stop unlawful infringement in order to protect the state, the public interest, the person, property and other rights of oneself or others from ongoing unlawful infringement.

Justifiable defense requires the necessary limit, and if the other party is physically injured within the limits prescribed by law, the justified defender is not required to bear civil liability. And if the defense is too much and causes undue damage to the other party, it will have to bear the corresponding civil liability.

Legal basis] Article 181 of the Civil Code, if the damage is caused by legitimate defense, the civil liability of the rolling bridge shall not be borne. Where legitimate defense exceeds the necessary limits and causes undue harm, the defender shall bear appropriate civil liability.

There is no civil liability for justifiable self-defense. Justifiable defense is a counter-action measure against unlawful infringement, and most of the time it may cause personal injury to the unlawful infringer, but even so, justifiable defense does not need to bear civil liability. The principle of attribution of civil liability is mainly based on the principle of fault, supplemented by the principle of no-fault and the principle of fairness.

Justifiable defense is not at fault, so it is not liable for damages.

1. There is no need for civil liability for legitimate self-defense.

1. Justifiable defense is a counter-attack measure against unlawful infringement, which may cause personal injury to the unlawful infringer most of the time, but even so, justifiable defense does not need to bear civil liability for defeat.

2. The principle of attribution of civil liability is mainly based on the principle of fault, and is not supplemented by the principle of no-fault and the principle of fairness. Justifiable defense is not at fault, so it is not liable for damages.

2. The limits of legitimate defence.

1. The purpose of carrying out defensive acts must be to protect the interests of the state, the public interest, the person, property and other rights of oneself or others from unlawful infringement.

2. The act of defense must be directed against the unlawful infringement.

3. The act of defense must be directed against an ongoing unlawful offense.

4. The defense must be directed against the person who committed the unlawful offense.

5. Proper observation and defense should not clearly exceed the necessary limit and cause significant damage.

3. Justifiable defense must meet the following constituent conditions.

1) The conditions for the object of justifiable defense require that justifiable defense must be directed against the unlawful act being committed, and the so-called "defense" cannot be carried out against lawful acts and third parties.

2) The purpose of justifiable defense must be to protect the legitimate rights and interests of oneself or others and the public interest, that is, the purpose must be legitimate and just.

3) The practical conditions of justifiable defense, that is, justifiable defense must be directed against the actual and ongoing infringement, and neither advance defense nor pretended defense is justified defense, otherwise the perpetrator will bear legal responsibility.

4) The limit of justifiable defense, that is, the appropriateness of the form and intensity of defense, the strength of defense must be commensurate with the intensity of the offense, and the limit should be sufficient to effectively stop the offense.

Legal basis: Criminal Law of the People's Republic of China

Article 20: Where conduct taken to stop unlawful infringement is to protect the state, the public interest, or the person, property, or other rights of oneself or others from ongoing unlawful infringement, and causes harm to the unlawful offender, it is justified defense and does not bear criminal responsibility.

Where legitimate defense causes personal injury to the other party within the limits prescribed by law, it is not necessary to bear civil liability. If the defense is excessive and causes undue damage to the other party, then it will have to bear the corresponding civil liability, such as compensation for losses.

Article 182 of the Civil Code of the People's Republic of China provides that if damage is caused by emergency avoidance, the person who caused the danger shall bear civil liability. If the danger is caused by natural causes, the emergency evacuator shall not bear civil liability and may be given appropriate compensation. Where the measures taken for emergency evacuation are improper or exceed the necessary limits, causing undue harm, the emergency evacuee shall bear appropriate civil liability.

Article 181 of the Civil Code of the People's Republic of China provides that where harm is caused by legitimate defense, civil liability is not borne. If the justifiable defense exceeds the necessary limit and causes undue damage, the justified defense shall bear appropriate civil liability.