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Justifiable defense, justifiable space editorial "midnight home stolen, the thief fell dead to pull, so the parties shall be investigated for the crime of negligence causing death, the case once again detonated the public for" justifiable defense "standard dispute. China’s "criminal law" clearly states: in order to stop the ongoing illegal infringement, and the damage caused by unlawful infringement, is justifiable defense, criminal responsibility. The 1997 edition of the "criminal law" also made clear "unlimited defense right", violent crime against an on-going assault, murder, robbery and other serious endanger personal safety, take defensive action, it is not undue defence. However, in judicial practice, the civil defense space is often compressed somewhat cramped "". For example, in 2014, Shenzhen, a security guard in a tourist park molesting female friends, by passing small painted courageous students wounded. Shenzhen police had to excessive defense, suspicion of intentional assault will be small painted jingfangxingju. Under the pressure of public opinion in the end, the small TU was acquitted. In this case the disclosure of the case, Huang Mouhua found the thief out of the house in the middle of the night, chasing the thief, a section of the road after the thief grabbed the sleeves, the thief break, because the rain slipped and fell on the ground and death caused by brain injury. In the meantime, Huang Mouhua did not aggressive behavior, not in the uniform after the thief to continue to impose violence, but a normal but after the night to catch up with the thief, pulling. The prosecution believes that Huang Mouhua should be able to foresee a rainy day to catch up with the thief and pull the slide may result in injury, and then investigated the cause of death caused by negligence". If the content of the news report is objective and comprehensive, is there a certain standard of law applicable to the behavior of a victim who is chasing a thief after being stolen? The law proverb said: "the law is not difficult". If such theft victim self-help behavior, simply because the landslide accident, and should be held criminally responsible for its future, then, after others stolen how to do, dare to chase the thief? If justifiable defense threshold is too high, will not only restrict citizens and courageous initiative self rescue, citizens in the face of unlawful infringement of personal safety is seriously endangered. [more news interpretation, WeChat add public account today topic listen]相关的主题文章: