A man was injured, but the court judged that the other party did not need to compensate because ...

The Yangtze River Daily Da Wuhan Client June 23 (Reporter Geng Shanshan Correspondent Chen Bei) The car is not going to find a parking space in the parking lot, forcing others to move the car and hit someone first, but the other party was countered. On June 23, the reporter learned from the East and West Lake District Court that in this dispute, the owner Li Si was identified as a legitimate defense without compensation.

At about 10 pm in February 2021, when Zhang San was looking for a parking space in a parking lot, he woke up Li Si who was resting in another car. He wanted to pour the vehicle back and free up. After being rejected by Li Si, Zhang Sanla's co -pilot door of Li Si's vehicle entered the vehicle and hit Li Si, and the two sides had physical conflicts. After that, Zhang San entered the car and hit Li Si times, and the two sides had physical conflicts again. In the end, Zhang San was injured in the conflict and was identified as a minor injury.

After the incident, the public security organs determined that Li Si's behavior was a legitimate defense, and no criminal facts occurred. Zhang Sansui filed a complaint of infringement and asked Li Si to compensate for the total loss of more than 60,000 yuan.

A few days ago, after the trial of the East and West Lake District Courts, it was determined that Li Si's behavior constituted a legitimate defense and rejected Zhang Sanquan's request.

The court believes that Zhang San drove the door into Li Si's car without being allowed by Li Si, asking Li Siwo to beat Li Si if he failed. Out of instincts to counterattack in accordance with the nature of people, they cannot be passively beaten or for mercy when facing illegal infringement.

The cause of this case is that there are illegal infringement. The object is aimed at illegal infringement, and the intention is illegal but illegal. Li Si's behavior constitutes a legitimate defense in civil law.

Li Si also hit Zhang San, why does it constitute a legitimate defense? The undertaking judge said that after the first conflict between the two parties, Li Si did not stop when Zhang San got off the car. Even if Zhang San was beaten in the second time, Li Si did not get off the car to continue the damage to implement revenge. You can determine Li Si's behavior has compatible control capabilities, and the behavior does not exceed the necessary limit. At the same time, although Zhang San's injury constitutes a minor injury, the conflict time between the two parties has a short conflict, and it is difficult to demand Li Si at this time. Go to judge the behavior at the time.

Article 181 of the "People's Republic of China" stipulates that if it is damaged due to legitimate defense, it shall not bear civil liability; if the right defense exceeds the necessary limit and causes non -damage, the proper defense shall bear appropriate civil liability. The so -called legitimate defense refers to a defense measure that an actor is exempt from the ongoing urgent sexual assault in order to protect the public interests of the society, itself or others, and takes necessary measures to take this illegal infringement.

It can be said that the Civil Code will be exempted by the defense as a civil liability for civil liability. From the perspective of value -oriented, it is affirmed that the legitimacy of the defense behavior itself is affirmed.

The relevant person in charge of the Court of East and West Lake District said that the public should establish a sense of rules and realize that everyone is the "first responsible person" of their own risks. It is difficult for the law to be strong, and it is not possible to "who hurt and who is injured."

(The names in the text are all a pseudonym)

【Edit: Zheng Xiaoxiao】

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