Is fighting back when you are beaten a mutual assault? Under what circumstances is it justifiable to

Subconsciously resisting when one's life is threatened is legitimate defense. If there is a conflict between two people and there is a relatively bad fight, then it is a mutual assault. The laws of our country are still relatively perfect, but there will be some people who will want to take advantage of the loopholes in the law.

For example, when you have a conflict with someone, you will always provoke the other person first and let the other person hit you first, so that if you make a move, you can find a reason to say that you are defending yourself. <>

However, this is a very wrong method, and the judgment of legitimate defense is also very strict, and if everyone is fighting each other, there is no way to judge it as legitimate defense. If you encounter a threat to your life, at this time you subconsciously fight back to ensure your safety, which is a legitimate defense. For example, when the opponent is raising his fist and preparing to attack, he subconsciously takes some objects or hard things next to him to block it because he is afraid, which belongs to this defense.

But if I see that the other person has the impression of attacking me, and I not only don't dodge, but also deliberately fights back, then this can easily be characterized as a mutual assault. If there is no unlawful infringement, then this does not belong to this set of defense, if the other party has unlawful infringement of their own safety, then it can be regarded as legitimate defense at this time. For example, the other party violates his or her right to health, the right to life, the right to property, the right to personal liberty, etc.

However, if the other party does not infringe on their legitimate rights, but the two people fight because of a quarrel, then this is a vicious mutual assault. Therefore, we must pay attention in our daily life, if you have a quarrel with someone outside, you must call the police in time, and do not cause a vicious brawl because of the quick moment, which is very bad for both parties.

It is not necessarily a mutual Europe, and fighting back when being beaten by Europe is a legitimate defense.

Fighting back when you are beaten is not a mutual assault but a legitimate defense. However, after the other party stops beating, the person being beaten should also immediately stop fighting back. In reality, the boundary between goods and legitimate defense is very blurred, and it is difficult to define and judge, so when judging whether it is legitimate defense, the following specific conditions should be considered.

Justifiable defence must occur when there is an unlawful offense. That is to say, when there is a violent incident and one's property and life are seriously violated, oneself rises up to resist, which is justified defense, especially when the other party beats oneself and causes oneself to be injured or one's life is about to be in danger, fighting back is justified defense and should not bear legal responsibility.

Just when defence is necessary and the unlawful encroachment is ongoing. If you see that the other party has the possibility of beating you before the incident occurs, and take the lead in attacking others, this is not legitimate defense, or if the other party beats you has ended, and you do not do it again, causing the other party to be injured or killed, this is not justified defense, and only when the other party infringes on your health and life, active resistance is justified defense.

Fighting back when one's lawful rights and interests are infringed upon is justified defense, because legitimate defense is used to protect one's legitimate rights and interests. When it comes to defense, it also depends on the intensity of the unlawful offense. For example, the unlawful infringement of theft is much smaller than intentional injury, because one is against property and the other is against people.

For example, the intentional injury caused by hitting someone with your hands or hitting someone with ** is also different, the intensity of the beating with a stick is greater, and the use of justified defense may be more intense.

Whether or not it is justified defense depends on the urgency of the unlawful offense. For example, when encountering danger, someone on the opposite side robs with a knife, or threatens himself with a knife, then there will be a sense of urgency of life, if there is only one person on the other side stealing, the sense of urgency will be much less, so in the face of urgent illegal infringement is left for people to think about less time, the body makes the right choice, and the subconscious resistance should belong to rational legitimate defense.

Of course not, if you are in a state of active defense when you are beaten, then it is legitimate defense. When one's life is threatened or oneself is subjected to violence by the other party, then it is justifiable defense.

You can fight back when you are beaten to breathe, but it doesn't have to be a defense!

Of course not, after you have been beaten by someone, you can stop the other person from committing violence against you, and this situation is justified defense.

Fighting back while being beaten is not an act of defending the assault, but in this case it is a case of legitimate self-defense.

Legal Analysis: Fighting back is generally a 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: "Law of the People's Republic of China on Public Security Administration Punishments" Article 43 Whoever assaults another person or intentionally harms another person's body shall be detained for not less than 5 days but not more than 10 days and shall also be fined between 200 and 500 RMB; 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.

It is obviously wrong for others to beat me, it is a bully, then it is normal to fight back, and we must not think that fighting back is a mutual assault. Distinguish between legitimate and unjustified retaliation! Fighting back is determined that the essence of mutual assault is connivance and evil!

First of all, you must be clear about why others are beating you, if you provoke the other party to do it first, and then you fight back, it is a mutual assault. If the other party picks quarrels and provokes trouble, and of course you can fight back, but you must protect yourself to the limit, and you cannot increase the harm to the other party for the purpose of revenge, and if these conditions are met, it is justified defense. If more than one person, i.e. three or more people, commit an unlawful assault on you, you can not only defend yourself, but also fight back without being limited by the minimum force limit, because you are clearly at a disadvantage.

Justifiable defense is the fight back when you are wrongfully attacked. The so-called illegal infringement refers to a criminal act, and hitting someone is only an illegal act, not a criminal act, so if you fight back, it is a fight.

The point of legitimate defense is to prevent harm from happening, not to fight back against others, which is to fight each other. When someone hits you with the intent of causing physical harm, you can only find a way to stop the injury of others, but you cannot hurt others.

If the other party makes the first move, you can fight back and injure someone, which is obviously unreasonable, if he threatens your life, such as if he takes an iron rod or a knife, you take it and injure him or kill him, this is legitimate defense. I once had a conflict with someone, the other party was about 50 years old, and he was quite strong, and I just held down his hands and feet, pressed his head, but I didn't hit him, and finally the police adjusted him to compensate me, and I didn't beat him, because my actions just didn't let him hit me.

Let's take a simple example: if someone hits you and you hold him down with your backhand, so that he can no longer beat you, this is called legitimate defense; You hold him down and then start hitting him, that's a beating. Even if you stop him and cause him harm before he causes obvious harm to you, this is your intentional injury.

Justifiable self-defense is legally intended to exclude criminal liability. Please note that ordinary fights and brawls are not criminal cases at all, and there is no such thing as criminal liability, so justifiable self-defense does not apply to such minor policing cases. However, there is no statutory lawful defense circumstance in public order cases.

You can say that the law is not sound, and I agree, but unfortunately, in most cases, fighting back is a mutual assault.

Under the current public security regulations, you can't fight back when someone beats you, and if you fight back, you will beat each other, and you have to accept public security punishment. Unless, someone else threatens your life, you fight back is considered legitimate defense! Objections were raised:

What if someone else threatens their lives and has no ability to fight back? How do you define a threat to life? It's really hard to define, this public security regulation is to maintain a public security environment:

Whether you are active or passive, don't fight, you will be in trouble if you fight! Ha ha.

If you can prove that someone else did it first, then you are defending yourself, such as a camera or something. If it can't be proven, it's a fight. Those who win the war are mainly responsible for handling it in this way.

Figuratively speaking, it's like fighting a wolf, you can only block, and if you can't block it, you have to chase and slash it, only blocking is called legitimate defense, and counterattacking is a brawl. Someone wants to slap you, and you block his hand, this is called legitimate defense, and someone else has already slapped you, and you slapped him with your hand, this is a fight.

First of all, you must have ** proof that someone violated you for no reason. Secondly, you must remain calm and rational when you are violated, and never use force that exceeds the opponent's force. In the end, you have to ensure that the other party is not injured or killed, otherwise it is easy to fall into the vicious circle of who is seriously injured and who is justified in death.

To sum up, these three points are indispensable, so legitimate defense is very rare, and most of them are handled by brawls.

Normal street brawls. 1.Don't kill you.

2.Don't have anything around that can be traced back to your identity. For example, if you drop your ID card or park your car.

Otherwise, if you are beaten, you will be beaten back. If you can take advantage of it, you can leave quickly. If you can't beat it, let alone run it.

Solve within 10 minutes, the police can't arrive. And the physical strength of ordinary people can't hold it. Then the rest of the attention to the above two points, withdraw within 10 minutes, and it will be fine.

Monitoring is useless unless there is a major injury. Who's going to have the time to turn up your surveillance.

Legitimate defense is only possible if someone else threatens your life. If someone is holding a knife and stabbing you, you can defend yourself. If someone hits you with their bare hands, you can't defend yourself in any case.

The correct way to fight when you are beaten is to break free and run away and then call the police. You can only fight back when you can't break free or can't run away from the danger of continuing to be beaten, and you must fight back until you can escape.

Unless you die, as long as the other party beats you to death, you can fight back, that's the truth.

There is no justifiable defense in the Public Security Administration Punishment Law, only mutual assault.

Only when criminal is involved can there be legitimate defense.

When you are beaten, the correct posture is: fall down immediately, hold your head with both hands, and protect the vital point! Then call the police, call 120, go to the hospital for injury identification, the doctor asked, and said dizziness, dizziness is the only thing that is not good to use the instrument to directly find out the cause of the doctor and dare not be careless symptoms, do not toss the place to death, don't come out!

Because in the case of beating or retaliating, they are pursuing the result of unlawful damage, so this is not the relevant intent of legitimate defense.

I think it's justifiable. But you have to have the evidence, it was someone else who hit you first. In this case, it can be considered legitimate defense.

If you go out shopping with your mom and someone comes up and slaps your mom in the face instead of you, will you reason with that person? And then tell your mom to hide quickly? lest you continue to be beaten?

Don't talk about why others beat your mother, there are fewer inexplicable things? If someone does it to you, ignore the person who does it and call the police directly, I'm convinced, when I didn't say, you are very good, and you are your mother's good child!

If someone beats you, you will retreat, and if he chases you and beats you back, it is legitimate defense.

I understand the reason, I don't care about that at all now, as long as I fight back, it's a mutual fight. If you want to bar, you can do it. When you really get to the police station, you will understand.

It is recommended to carry a small camera with you, so that if someone hits you, you can fight back if you dodge a few warnings and it is useless. Take it with you when you go out, and you're not afraid of touching porcelain. It's called a travel recorder, and you can delete useless records once a week.

However, if everyone has to bring a travel recorder to these bad guys, then this society will be nothing like it.

When others scold me, I beat him, but I defend myself too much, and if he hits me again, I continue to beat him in legitimate defense.

In addition to legitimate self-defense, there is also an act called self-help, which is a different concept.

was beaten by others, just do it, why do you want to do so much, as a man, you always have to have that blood. What if it is judged to be a mutual assault.

When you are beaten by someone, it is too complicated to meet the standards of normal defense, so it is better to directly fight back and beat the other party to death, even if you are sentenced to death, you will have to live for two more years.

Being beaten and not fighting back is called bloodlessness, this is a matter of dignity, and everyone who raises them knows that dignity is more important than the law.