The netizen didn't understand and was beaten back. Why do they fight each other instead of defending themselves? What is the difference between fighting and self-defense? Now, let's talk about this topic:
Legally speaking, the definition of mutual attack is very clear. Mutual attack means that both sides have intentional illegal infringement subjectively and objectively, there is illegal infringement by the other side. In reality, the identification of mutual fighting is generally that the parties are still fighting each other when they have the ability to escape. If you are chased and beaten by others, you will choose to escape at the first time and then try to call the police. If you can escape, you still choose to fight with each other, which can be considered as fighting each other. Therefore, the case-handling organ will not think that the other party is defending itself just because who made the first move, because the other party also has a way to escape. If the parties don't use it, but do it directly, it will be considered as a fight.
In other words, the public security organs usually take chasing and fighting as the beginning of legitimate defense. That is to say, when two people fight, one party must first prepare for self-defense by escaping, and the other party will continue to pursue the fight, and the other party will fight back when being pursued, which is considered as self-defense.
Seeing this, everyone should understand. Let's go back to the topic at the beginning, and make a small analysis of the incident of discouraging Xiong Haizi from kicking his seat and fighting back after being slapped on the high-speed rail, which is easier to understand:
Let's see what happened first:
On May 2 this year, a woman released a video saying that she took the C6276 high-speed train alone that day, with three children and two adults in the back row. In the meantime, the child played games many times and kicked the back of the chair. The woman couldn't bear it, turned to stop it, but was insulted by her parents. There was an argument between the two sides. The child's parents slapped the woman and the woman hit back. Afterwards, the police determined that the two sides constituted a "mutual fight."
In the administrative punishment decision made by the case-handling organ, it was written that "... had a quarrel and then beat each other with their hands, resulting in minor facial injuries on both sides ... which constituted beating others", and 200 yuan was imposed an administrative fine. It is also reported that Xiong Haizi's parents were fined 500 yuan.
As a result of this punishment, the woman has contacted her lawyer friend to start administrative reconsideration. The woman posted a blog post on the Internet, saying, "I always feel that people are the first to hit people maliciously. If you can reconcile by crying and apologizing, then anyone who slaps can cry and reconcile without any consequences. " This sentence is directed at people's hearts.
Moreover, netizens reacted very strongly to this question, saying that they didn't understand it at all and sympathized with the girl, hoping to severely punish the couple.
Some netizens said that without reconciliation, the couple cannot be condoned;
Some netizens are very angry. Can't they fight back when they are beaten? What happened now?
Some netizens think it's a muddle. Why is it indiscriminate?
Some netizens don't understand that women should not be punished for 200 yuan.
……
From the case, we can see that in the course of the dispute, although the injured party, the young woman was later angered and her words were fierce. Especially after being slapped by Xiong Haizi's mother, she chose to fight back instead of calling the police or running away. Just from the nature, it is no problem to be identified as a fight, and it does not belong to the mud.
As for the fine, since it is judged as a fight, both parties will be subject to administrative punishment. The question of who starts first and who provokes first is not an exemption clause in public security cases, but only affects the severity of administrative punishment. Therefore, in this case, both parties were punished, a fine of 200 and a fine of 500, which is also reasonable.
As a lawyer said in an interview with the media, this process is a struggle, because the actions of both sides violate the Law on Public Security Administration Punishment. The lawyer also believes that the police's handling scale is appropriate, reasonable and legal in terms of the amount of punishment.
Therefore, the law is the law, sympathy is sympathy, and problems should be dealt with according to legal angles and procedures.
To tell the truth, I personally feel deeply about this issue, but in any case, I also hope that such parents can improve their personal qualities, set a good example for their children, and learn to correctly handle their children's problems, so as to be conducive to their growth.
It is also necessary to strengthen the education and management of Xiong Haizi and improve their sense of prevention and responsibility in public. Because of social stability, everyone needs to work hard. If everyone works hard, society will be harmonious, won't it!