General principles of the Civil Law Article 128 If damage is caused by justifiable defense, it shall not bear civil liability. If justifiable defense exceeds the necessary limit and causes undue damage, it shall bear corresponding civil liability.
Extended data:
Case:
Because Lin and Huang are villagers in the same village, there is a contradiction between the two sides because they operate trucks to pull goods from the plate factory. On the evening of May 23rd, 20 13, Lin came to the fish pond guarded by Qin to look for the theory of yellow. The two sides quarreled and caused physical conflicts. Lin chased Huang with a kitchen knife, and Huang picked up an iron bar during the escape. Hit the head of the forest and knock it out.
Lin was sent to Guigang People's Hospital for treatment that night. The injuries diagnosed by the hospital are: 1, closed craniocerebral injury, ventricular hemorrhage and subarachnoid hemorrhage; 2. Left occipital soft tissue contusion. Lin was hospitalized for 24 days, and the medical expenses were 25,566.3 yuan.
After the incident, Tang Qin Branch of Guigang Public Security Bureau filed a case for investigation on the crime of intentional injury. Later, during the investigation, it was found that Huang should not be investigated for criminal responsibility, so the case was dropped on September 25, 20 13.
Lin refused to accept the handling of the public security organs and filed a complaint with the Tantang People's Procuratorate. Qintang People's Procuratorate gave a reply on February 7, 20 14, and concluded that Huang took proper defense to prevent himself from being injured by the forest. On February 2, 2004, KLOC-0/2065438, the Wuli Police Station of Guigang City Public Security Bureau organized mediation between the two sides, but failed.
The court of first instance held that there was a conflict between Lin and Huang due to a dispute. Lin chased Huang with a kitchen knife. In order to prevent himself from being hurt by Lin, Huang picked up an iron bar and injured Lin, which was a legitimate defense.
Regarding the nature of the injury incident, the investigation organ and the procuratorial organ determined that the defendant Huang injured the plaintiff Lin in order to prevent himself from being injured by the plaintiff, which belonged to self-defense, but the plaintiff failed to provide evidence to the contrary to overturn this determination.
The court adopted the opinions of public security organs and procuratorial organs. Huang should not be liable for damages caused by justifiable defense, and rejected the plaintiff Lin's claim according to law.
References:
Guangxi Court Network-Should you bear civil liability for damage caused by justifiable defense?