Should I pay legal responsibility for the accidental death caused by justifiable defense?

Whether you should bear legal responsibility for accidental death in justifiable defense depends on the specific circumstances. As long as there is no act of self-defense in justifiable defense, you will not bear criminal responsibility. The degree of damage caused by legitimate defense requirements is within the necessary limits, otherwise it constitutes excessive defense. If justifiable defense exceeds the necessary limit and causes undue damage, the justifiable defender shall bear corresponding responsibilities. The imputation of civil liability takes fault principle, no-fault principle and fairness principle as exceptions. legal analysis

justifiable defense refers to the defensive measures taken against the wrongdoer in order to protect the public, oneself or other people's personal or other legitimate rights and interests from the ongoing illegal infringement. Usually, if justifiable defense exceeds the necessary limit, resulting in the death of others, then justifiable defense needs to bear certain legal responsibilities, including civil liability. However, if the death of others does not exceed the necessary defense limit, it is not necessary to bear the responsibility. The conditions of self-defense are: it must be aimed at unlawful infringement, unlawful infringement must be practical, not subjective imagination or speculation, unlawful infringement must be ongoing, and the purpose of self-defense is to protect the rights and interests of the public, oneself or others. Self-defense must be carried out against unlawful infringers and should not exceed the necessary limit. If you don't have the above preconditions, it is not justifiable defense, and the actor can't use it as a means of defense. The actor should bear civil liability in his own name, but can't use justifiable defense as a means of defense and be exempted from liability. It depends on the degree of danger, subjective psychological state, objective environment and on-the-spot situation such as means, intensity, number and strength of both sides, and then it should be weighed that the interests protected by defensive behavior should not be too far away from the interests damaged, and the illegal infringer should not be seriously injured or killed in order to protect the rights and interests of minors.

Legal basis

Article 2 of People's Republic of China (PRC) * * * * and Criminal Law of People's Republic of China (PRC), in order to protect the personal, property and other rights of the state, the public * * *, oneself or others from the ongoing unlawful infringement, the act of stopping the unlawful infringement, which causes damage to the unlawful infringer, belongs to self-defense and does not bear criminal responsibility. Do not bear criminal responsibility. If justifiable defense obviously exceeds the necessary limit and causes great damage, criminal responsibility shall be borne, but the punishment shall be mitigated or exempted. Taking defensive actions against crimes of assault, murder, robbery, rape, kidnapping and other violent crimes that seriously endanger personal safety, resulting in unlawful infringement of human casualties, is not excessive defense and does not bear criminal responsibility.