Liu Yilong / view news
News of view of · of legal evening paper on September 2 message, on September 1, procuratorate of people of city of hill of elder brother of province of public security bureau of city of hill of Jiangsu province elder brother, Jiangsu is caused with respect to issue of liaison man of elder brother mountain throw a person terminal case issues a bulletin, the behavior of cognizance party Yu Haiming stems from defensive end, accord with self-defence intent, do not bear criminal responsibility.
On August 27 21 when make 30 minutes, bang dragon drives BMW car is in city of elder brother hill westing of shake plain road comes crossing of suitable sail road, produce conflict with the Yuhaiming that is the same as Xiang Qi bicycle. Bang dragon takes out a chopper from inside the car successive stroke Yu Haiming, be turned over to grab chopper by Yuhaiming after and disclose thorn, chop the knife that hit number, bang dragon experience is weighed, classics rescue is invalid die.
Case discovery field
When Zhou Zhaocheng's lawyer is accepting journalist of view of · of legal evening paper to interview, unscramble say, be harmed to the illegal enroach on that self-defence person is dragon of the dead's bang at Haimingyin, if the dead has bequest, yu Haiming can put forward to compensate for a request to this inheritor.
Dragon of the dead's bang
Reporter: Why does Yu Haiming's behavior belong to self-defence, do not need to bear criminal responsibility?
Zhouzhao becomes a lawyer: Mechanism of local public security passes spot perambulate, visit investigation, inquiry to interrogatory, video is investigated and examine after a series of investigation jobs such as appraisal, "Elder brother hill is killed instead case " the fact has made a thorough investigation of, reach Yuhaiming belongs to self-defence thereby, do not be in charge of punishment.
Reporter: What is the basis?
Zhouzhao becomes a lawyer: Our country " criminal law " regulation, to make country, public interest, oneself or the person of other, belongings and other right are avoided suffer the illegal enroach on in undertaking, 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. At the same time criminal law stipulated special defense counterpoises again, it is to point to namely to having do violence, murder, rob, the violent crime that rape, kidnap endangers person security badly with etc, and take defensive action, cause casualties of person of illegal enroach on, do not belong to defense to be become too, still belong to self-defence, do not bear criminal responsibility. In this case, at Haiming behavior does not belong to defense to be become too, and applicable and special defense counterpoises. This one conclusion is basis of public security mechanism the result of the 5 respects integration analysis such as origin of Yu Haiming defense, defensive time, defensive intent, defensive object and defensive limit, be in namely subjective side, yu Haiming has defensive consciousness, in impersonal aspect, because the abidance of bang dragon has illegal inroad to Haiming,be, from to the sea bright cuff and kick, return again after chopper is taken out inside the car, to Hai Minglian add counts second stroke, its are illegal enroach on upgrades ceaselessly. Person safety of Yu Haiming lies all the time in the violent menace of bang dragon. And the limit requirement of self-defence looks, its defend intensity and enroach on intensity comparative, the behavior of dragon of bang of enroach on person belongs to criminal law meaning to go up " do violence " , and fierce to visit judgement is according to the spot specific scene reachs a society the cognitive level of average person will undertake judging. Because maintain Yu Haiming behavior to be self-defence, need not bear criminal responsibility, public security mechanism lawfully case of cancel Yu Haiming, cancel case abbreviation " close a case " . It is a kind of way that the judiciary ends criminal litigation. Be in our country, concerned branch is right already the case of put on record, think not to make crime through detect , when perhaps ought not to investigating criminal duty lawfully, ought to make the decision of cancel case, mark this case oneself do not hold water. After making cancel case, yu Haiming, should release instantly, send release a proof.
Reporter: Whether should Yu Haiming assume civil responsibility?
Zhouzhao becomes a lawyer: Public security mechanism maintains Yuhaiming's behavior finally to be self-defence, its need not assume criminal responsibility already, also need not assume civil responsibility.
According to our country " civil code general rule " because self-defence is caused,set those who damage, do not assume civil responsibility. Self-defence exceeds necessary limit, cause not due damage, ought to assume proper civil responsibility. Our country " tort liability law " because self-defence is caused,also have a regulation damage, do not assume responsibility. Self-defence exceeds necessary limit, cause not due those who damage, self-defence person ought to assume proper responsibility. Because self-defence is will original,this is the emergency that the interest that should protect by law cannot reach in legal place falls, gift a when the citizen rises in self-defense legitimate right, itself means the complement that is penal to the country authority, for place of criminal law of world each country accepted. Law is protected and self-defence is encouraged, by by enroach on person the illicit force of lawful exercise relieves authority, this kind of relief authority is not civil tort behavior, also do not generate debt of course, namely civil liability, because of civil liability return duty it is with fault the principle is given priority to, it is exception in order to do not have fault principle and general smooth principle. Unless be defensive,become too. Should be maintained to be self-defence only and not be defensive be become too or tort, be impossible to assume civil responsibility.
If self-defence person is opposite at humanitarian spirit at Haimingji,family member of dragon of the dead's bang offers compensation, because be its voluntary action, law also won't prohibit. And if the dead's family member has civil compensation suit at Haimingdi to self-defence person, the court also can reject a lawsuit to request accordingly. Contrary, be harmed to the illegal enroach on that self-defence person is dragon of the dead's bang at Haimingyin, if the dead has bequest, yu Haiming can put forward to compensate for a request to this inheritor.
News of view of · of legal evening paper: Whether can family member of dragon of the dead's bang cast the insurance company that protect to apply for to compensate for to BMW car?
Zhouzhao becomes a lawyer: Not OK. Although this case is motor vehicle and blame motor vehicle are blown touch cause, but because traffic accident is caused,producing casualties is not, retreat 10 thousand paces to say, even if this case is traffic accident, dragon of driver dead bang drives after existence traffic violate the rules and regulations and wine wait for illegal behavior. In driving after the wine that concealing tremendous and safe hidden danger so, once produce traffic accident, drive person general in full charge, and insurance company can be avoided accordingly duty.
This period edit Li Xiaojun
