CCTV network news: On September 1, police of hill of Jiangsu elder brother issues a bulletin: Public security mechanism is investigated through careful, and business asks procuratorial work mechanism to intervene ahead of schedule, maintain finally, "Elder brother hill throws person case " in the behavior of Yu Haiming of the person that ride a bicycle belongs to self-defence, do not bear criminal responsibility, public security mechanism lawfully case of cancel Yu Haiming.
Police of elder brother hill maintains Yuhaiming finally not to lose the account of criminal responsibility, the behavior that is him is belonged to " self-defence " , so what is self-defence, what is defense is become too? Undertake self-defence, what problem should note? Come to those who listen to legal expert unscramble.
About self-defence, our country criminal law sets the 20th times: To make country, public interest, oneself or the person of other, belongings and other right are avoided suffer the illegal inroad that having, and adopt check the behavior of illegal enroach on, cause to person of illegal enroach on damage, belong to self-defence, do not bear criminal responsibility.
Self-defence exceeds necessary limit to cause apparently great damage, ought to bear criminal responsibility, but ought to be reduced or absolve punishment.
Law of university of Chinese politics and law teachs Ruan Qilin: "The self-defence in criminal law basically is to include two requirements, one is to be aimed at the defend oneself that the place of illegal enroach on that having carries out to perhaps say to strike back behavior, the 2nd did not exceed necessary limit apparently namely, cause great damage. Cause great damage..
Professor Ruan Qilin is told, above is our country criminal law is opposite " general self-defence " regulation, still have additionally " special self-defence " , also say " infinite defense " . Our country criminal law the 20th the 3rd section provision: To having do violence, murder, rob, the violent crime that rape, kidnap endangers person security badly with etc, take defensive action, those who cause casualties of person of illegal enroach on, do not belong to defense to be become too, do not bear criminal responsibility.
Law of university of Chinese politics and law teachs Ruan Qilin: "' case of elder brother hill ' hold chopper to have charge, can think to attribute do violence such violent crime that endangers person security, because this belongs to the premise condition of special defense, accordingly defensive person sends casualties of person of illegal enroach on consequently, so had not considered as when, it is proper that that thinks, do not bear criminal responsibility. Do not bear criminal responsibility..
