"Stolen in the night, pulled by the thief collapses, dies", parties be held liable for "negligence causing death" case once again set off to the public for "self-defense" standard controversy.
Of the criminal law of China stipulates that in order to combat the ongoing violation, and for damage caused by unlawful infringement of people, belonging to the self-defense, not criminally responsible. The 1997 edition of the Penal Code also makes it clear "unlimited defense right" for the ongoing assault, murder, robbery and other crimes of violence seriously endangers the security and defensive behavior, not part of the defense.
However, in practice, citizens ' legitimate space, tend to be compressed somewhat "narrow". For example, by 2014, a security guard in a tourism Park in Shenzhen of molesting a female Internet users, by passing small painted heroic college students wounded. Shenzhen police defense, suspicion of intentional injury crime small painted detained. Eventually under the pressure of public opinion, little James was acquitted.
Disclose the merits of this case, Huang Hua found the thieves in the Middle, out the door to catch a thief, chasing after a road reached out and caught the thief by the sleeve, when thieves break, because of rain slid and fell to the ground, caused by head injury deaths. Period, Huang Hua no extreme behavior, violence did not continue beyond the uniformed thieves, but a normal late-night chased after the thief, pulling. Prosecutors believe, Huang Hua "slippery chased the thief and should foresee the rain pulled could cause the fall injured the results", then hold the "negligence causing death".
If the news report is objective and comprehensive, for a theft victim chased after the thief, the applicable legal standard if some harsh? Proverb says: "the law does not force." If such a theft victim to help themselves, just because sliding accident and its liability, then the others after they were stolen in the future to do, dare catch a thief?
If too high a threshold of self-defense, would not only restrict the civic good Samaritans as well as self-help initiatives is severely compromised when faced with illegal infringement of citizens ' personal safety.
Of the criminal law of China stipulates that in order to combat the ongoing violation, and for damage caused by unlawful infringement of people, belonging to the self-defense, not criminally responsible. The 1997 edition of the Penal Code also makes it clear "unlimited defense right" for the ongoing assault, murder, robbery and other crimes of violence seriously endangers the security and defensive behavior, not part of the defense.
However, in practice, citizens ' legitimate space, tend to be compressed somewhat "narrow". For example, by 2014, a security guard in a tourism Park in Shenzhen of molesting a female Internet users, by passing small painted heroic college students wounded. Shenzhen police defense, suspicion of intentional injury crime small painted detained. Eventually under the pressure of public opinion, little James was acquitted.
Disclose the merits of this case, Huang Hua found the thieves in the Middle, out the door to catch a thief, chasing after a road reached out and caught the thief by the sleeve, when thieves break, because of rain slid and fell to the ground, caused by head injury deaths. Period, Huang Hua no extreme behavior, violence did not continue beyond the uniformed thieves, but a normal late-night chased after the thief, pulling. Prosecutors believe, Huang Hua "slippery chased the thief and should foresee the rain pulled could cause the fall injured the results", then hold the "negligence causing death".
If the news report is objective and comprehensive, for a theft victim chased after the thief, the applicable legal standard if some harsh? Proverb says: "the law does not force." If such a theft victim to help themselves, just because sliding accident and its liability, then the others after they were stolen in the future to do, dare catch a thief?
If too high a threshold of self-defense, would not only restrict the civic good Samaritans as well as self-help initiatives is severely compromised when faced with illegal infringement of citizens ' personal safety.
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