The thing of elder brother of dragon of hill of the closest elder brother very fire, caused the whole people to be opposite " self-defence " attention.
Remember Tang Chao law suddenly " Tang Lv is scanty discuss " , coil among them 21 " fight bring a case to court " regulation, "All person that fight two-phase beat up to hurt, second does not make armour, innocent be hit, of the beat up that satisfy refus. . . . . . If second fights nail because of beat up " , this paragraph is the epitome of incident of elder brother of dragon of elder brother hill simply, in Tangchaofa the law looks, this kind of circumstance must " palliate the crime " .
Truly right " self-defence " make judicatory explain, or after the Republic of China holds water.
1916, the highest judiciary at that time still calls Dali the courtyard, hearing a name change from temple of quiet day Dali, dali courtyard released first phase " judicatory bulletin " , have an important offical documents among them: " explanatory self-defence and defense pass to case when each " .
Inside a case that collected Henan technically to save peaceful hill county, details of a case is more complex, did not say more, it is a grandpa returns the home probably, see a new man rushs, there still is a knife in the hand, the grandpa falls in the help of neighbour, fight with fellow, neighbour is chopped, grandpa situation is urgent under took red tasselled spear to stab this fellow to death.
Set according to the law at that time " stem from him defense to frame-up now enroach on or the behavior of other right, do not be a blame. But the person that defense is become too, this decrease punishment is first-class to third class. This decrease punishment is first-class to third class..
Whether do this belong to defense to be become too?
Judiciary of Henan this locality holds forbid, reported Dali courtyard research.
At that time, some viewpoints think should bind that man rise giving feudal official is, should not kill him. But what Dali courtyard maintains finally is: "Should the emergency with enroach on and calm " , fellow takes a knife to throw a person, belong to " the behavior of rights and interests of enroach on life, body " , strike back at that time belong to self-defence, do not belong to defense to be become too.
Really artful, also be a man that takes a knife to throw a person actually.
