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It is very troublesome to determine from the details whether your father is justified in self-defense, that is, whether he is preventing illegal infringement. Although your father was beaten, after all, your father was more ruthless, and the damage caused to him was probably worse than the damage your father received. So, you negotiate, 10,000 is definitely impossible.
Compensate him for his medical expenses, and if he can't do it, he will file a lawsuit. Even if you lose, you won't lose that much.
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I think first of all, you have to see whether your dad beating him is self-defense, and this self-defense is out of necessity, if it is not necessary to do such an act may be counted as excessive self-defense, in addition, I think that such a thing as you stated that beating people will not involve criminal liability, at most it is only civil compensation, whether you will win and how much you will pay depends on the details of the case, such as whether he and your dad have grudges, and whether your dad was injured, etc., these are all judges' discretionary judgments, so it's hard to say, But if you don't want 10,000 yuan to compensate, you will give it to him, and you must take the right way
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The first is the question of how you justify self-defense. If there has been an argument or dispute between two people in a fight, the case should be an intentional injury, and the party who caused the injury should bear legal responsibility and compensate the victim. If the other party is picking quarrels and provoking trouble, your father defends himself under the same circumstances, and does not continue to harm after the other party stops committing the crime, it should be justified defense.
The specific facts of the case should be based on the facts of the investigation by the public security organs.
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Whether it is justified defense depends on the circumstances at the time; Maybe your dad is too defensive, and this needs to be compensated, and the specific amount depends on the victim's situation (medical expenses, lost work expenses, transportation expenses, etc.). If you want to sue, your dad is indeed too defensive, and he may have to pay compensation, but it shouldn't be that much.
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Hello, we believe that the case is still complicated, and under normal circumstances, you should bear civil liability.
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Ten thousand, not so much, at most one or two thousand.
Self-defense generally does not require compensation money
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Legal Analysis: Where legitimate defense clearly exceeds the necessary limit and causes major harm, criminal responsibility shall be borne, but punishment shall be commuted or waived.
Legal basis: Criminal Law of the People's Republic of China Article 20: Where 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 an ongoing unlawful infringement, and causes harm to the unlawful infringer, it is justified defense and does not bear criminal responsibility.
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You now have four questions to ask: I'll analyze each of them with my own opinion and see if it's advisable to see if it's advisable.
1. According to legal theory, whether your second uncle should compensate or not, the details of the incident need to be further proved. For example: The key is that your second uncle went back to the stall and took a knife to chase and cut these suspects, or did these people still chase and beat your second uncle when your second uncle ran back to the stall?
This is an important part. If the former is justified and called excessive defense, it must be compensated; If the latter proves that the aggression of these suspects has not stopped, the defensive measures taken by your second uncle in the face of the assault are not excessive, and no compensation is required. So the first question is how the witness makes a judgment based on what he saw at the time.
2. The beginning of the same incident was caused by stealing watermelons, and the motive for the crime is obvious. But if the wicked person starts to beat your second uncle first, according to what you said, it must belong to the category of self-defense, but whether there is excessive defense is an extension of the first question.
3. Minor injury, if the defense is excessive, then only need to compensate him for medical expenses. Because they are also at fault of their own. There is no such thing as lost work or mental damage, and after the medical expenses are settled, witnesses from both parties must be present to testify to avoid subsequent extortion.
4. This question is already in the third point.
Thank you!!
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It depends on the severity of the injury. It is estimated that there is no need to compensate, after all, the other party is at fault first, and it is a normal defense.
After marriage, the part of the mortgage and the part of the house appreciation part will be compensated by the woman. If the other party can't produce evidence before marriage, then they can only accept their fate.
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