Fighting back after being beaten is an act of mutual assault or legitimate self defense?

Whether fighting back after being beaten is an act of mutual assault or justifiable defense needs to be determined based on the previous language of the perpetrator, and if the perpetrator has provoked and insulted others before, it will be considered a mutual assault.

Social and economic development is getting faster and faster, people's legal awareness is getting stronger and stronger, many people will get along with others in life will also have some contradictions, no matter how big the contradiction is, you can't hit people, only in this way can you better protect your legitimate rights and interests, I hope everyone can understand the relevant knowledge.

1. How should beating people be characterized?

When everyone quarrels with others in life, they will say cruel words to others, but they don't know that this kind of behavior has been suspected of provoking others, if it rises to a physical conflict, it will also be recognized as a mutual assault, most people have a wrong perception, that is, the first person to do it, must accept administrative or criminal punishment, and the person who does it later must be regarded as legitimate defense. But this kind of thinking is wrong, in real life the line between mutual assault and legitimate defense is very blurred, it is difficult to judge, so we must abide by the law in our lives and avoid physical confrontation with others.

2. What are the things that need to be paid attention to in justifiable defense?

In life, if we are illegally infringed by others, we can choose appropriate means to defend ourselves, but it should be noted that for legitimate defense, the purpose must be to ensure that legitimate rights and interests are not infringed.

3. How can we better protect our legitimate rights and interests in life?

Generally speaking, legitimate defense can be protected by law, but it should be noted that if you encounter violence in life, you can defend yourself, but you must pay attention to the limits of defense, if you do not have the ability to defend yourself, you must flee the scene as soon as possible to protect your life and avoid greater losses.

If the parties are beaten back, whether they are determined to be fighting each other or justified defense depends on the specific circumstances. If the opponent fights back in the process of being beaten, and the opponent stops after stopping, it is justified defense. ”

It's all about purpose. There is also evidence. You need to be able to prove that you are acting to stop the other person's behavior.

For example, if the other person hits you, or the other person hits someone else, you rush up and press the other person to the ground. However, it does not hurt the other party, but only restricts the other party's behavior, which is called self-defense or righteous courage.

But when you rush up and beat the other person, it's called hurting. The former is justified defense, while the latter may be mutual assault or excessive defense.

I think it should be regarded as legitimate defense, if the other party hits you, you don't fight back, and you can only hurt yourself in the end.

This is actually an act of assault, and if you fight back, then you may also have to bear some responsibility, and it is recommended that you run immediately.

As long as you do it, you are beating each other.

If you were beaten, why didn't you fight back? Doesn't it make sense to fight back? What is it called???

Fighting back is generally a form of mutual assault and is not legitimate defense. According to the Criminal Law, justifiable defence refers to an act taken to stop an unlawful infringement and cause damage to the wrongdoer in order to protect the State, the public interest, the person, property and other rights of the person or others from an ongoing unlawful infringement.

Legal basis: Article 43 of the Law of the People's Republic of China on Public Security Administration Punishments beats others, or intentionally injures the body of others, the imperial clearance shall be sentenced to not less than 5 days but not more than 10 days, and shall be fined not less than 200 yuan but not more than 500 yuan; where the circumstances are more minor, they are to be detained for up to 5 days or fined up to 500 RMB. In any of the following circumstances, they are to 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. (3) Repeatedly beating or injuring others, or beating or injuring multiple people at a time.