A man in Zhanjiang, Guangdong was stomped on the head while driving and beaten multiple times. What is the legal analysis of this case?

Judging from the behavior of both parties in this case, it was a fight caused by the scratching of the vehicles of both parties. If both parties engaged in fighting behavior, formed the intention to intentionally harm others, and gave up their corresponding personal rights, they would be suspected of committing crimes according to law. The crime of affray. It is worth noting that just fighting back is not a crime of affray, but that both parties have the intention to intentionally harm the other.

If one party has no intention of harming the other party, the party who hits the person first is guilty of intentional injury. It can be seen from the video that the only person who hits the person is Luo Mouming. If this is the complete video , one party has the intention to intentionally harm others, and is suspected of the crime of intentional injury according to law.

Wu’s behavior may be consistent with the crime of negligent death. It is not yet clear whether Wu participated in the fight or whether a group of people from the other party beat Wu. But it can be seen from the video that Wu Moude was not blocked or beaten by the other party when he got into the car.

Therefore, if the other party did not fight with Wu, and Wu’s behavior at this time was an unlawful infringement of excessive defense by the other party, but the method he used still happened that he had not expected. As a result, his friend Luo Mouming was crushed to death and was suspected of negligent death.

Finally, the analysis is only based on short videos and police reports. How specific is the qualitative analysis? The public security organs should further investigate and conduct a comprehensive analysis based on the case evidence. But this should avoid simple disputes that end up in life-threatening criminal cases. It is estimated that all participants will regret it.

At the same time, it is also recommended that everyone calm down when encountering problems and not get into violent fights. Solving problems with violence often leaves the problem unresolved and leads to suspicion of criminal behavior.

Extended information:

Event details

Event details

On February 20, 2021, around 1:40, Guangdong Province Lian A vicious wounding incident occurred in front of a bar in Jiang City. A man was beaten on the head and stamped on, then he was run over by a vehicle and dragged under the car for more than ten meters.

According to the police report, the two parties fought due to vehicle scratches, during which Luo Mouming was beaten by many people. Wu Moude planned to drive the other party’s car to rescue his companion Luo Mouming, but because he did not see Luo Mouming clearly, Ming fell to the ground, causing Luo Mouming to be crushed and dragged under the car. Luo Mouming was sent to the hospital where rescue efforts failed and died.

At present, 8 suspects involved in the case, including Wu Moude, Yang Mouzhe, and Zhong Mouheng, have been arrested by the bureau, and the case is under further investigation.