The thief escaps and falls.

The lychee in the ground was secretly picked up. After the fruit farmers were found, they pursued it with them. The thief was injured during the escape. Should the fruit farmers be responsible? Recently, the Hejiang County Court concluded this case of physical rights disputes.

In July 2021, when the plaintiff Wang was running along the highway through the defendant's lychee forest, he saw that the tree was covered with lychee, and he picked more than 10 sheep picked in plastic bags. The defendant Yuan was scolded and chased after seeing this. Wang fell and injured in a panic escape. Yuan Mou stepped forward and arrested him. Wang claimed that his feet were injured and were bleeding, and Yuan Mou released his hand. After that, the police arrived at the scene after receiving the report, conducted an investigation, and sent Wang to the hospital for treatment. After diagnosis as a fracture, the loss was about 25,000 yuan.

Wang believed that he was injured and Yuan should bear the corresponding responsibility. The two parties have not negotiated the compensation. In March of this year, Wang sued Yuan to the Hejiang County Court, advocating the loss of more than 80,000 yuan for each loss.

After hearing, the court believed that when the plaintiff Wang had stolen the defendant's lychee, the defendant Yuan came forward to scold and catch up after seeing this. In the process, the two sides had no physical contact. Someone just poured it to the ground, without beatings and other behaviors. When he claimed that he had been injured and bleed, Yuan Mou made a hand, and the two sides chose to call the police. Therefore, Yuan's catch -up and capture behavior is not fault, and does not constitute infringement. It is a legitimate defense behavior. In order to avoid capture, Wang was running away. As an adult, he should have sufficient cognitive ability for the consequences of the damage in the hurry. For the consequences, Yuan did not bear the liability for infringement compensation. In summary, the court rejected the plaintiff's litigation request in accordance with the law.

● Judge says

Article 181 of the Civil Code stipulates that "if damage caused by legitimate defense, it will not bear civil liability. If the defense is more than the necessary limit, and causes non -damage, the proper defense shall bear the appropriate civil liability The plaintiff was an accident due to the injury of the stolen litchi escape. During the chase and capture, the defendant did not exceed the necessary limit. The plaintiff's loss should be borne by himself.

Judicial referees have a guiding role in social ethics, and each judgment will affect people's thoughts and behaviors. The judgment of this case aims to protect citizens who dare to properly defense or see righteousness when stopping illegal crimes, in line with social justice values, and guide the handling of similar disputes to further fair, fair, and reasonable.

Li Jia

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