On the day of the incident, Li went to a relative's house to drink, and half a catty of white wine was a bit high. At 1 1 that night, he staggered to the door of "home", squatted on the door and knocked hard, only to find that it was a strange man who opened the door. Li was very surprised. With lightning speed, he grabbed Ning's neck with both hands and kicked Ning's crotch with his feet. Ningmou broke free from the shackles of Li, ran to the kitchen, picked up a beer bottle and a small bench, beat Li, knocked him down, and then called the police.
After the police arrived at the scene, Li was already snoring at the door of Ningjia. It turned out that this was a misunderstanding. Li lived in Building No.6/room KLOC-0/304, but he got drunk and went to Building No.5/room KLOC-0/304, so he had a conflict with Ning. It was identified that Li suffered from subarachnoid hemorrhage in the head, which constituted a minor injury. However, after investigation, the public security organ thought that Ning's behavior belonged to self-defense and decided not to file a case.
After the police decided not to file a case, Li refused to accept it and thought that he could not fight in vain, so he filed a criminal private prosecution with the court. The so-called criminal private prosecution refers to a lawsuit brought directly to the people's court by the victim, the victim's legal representative and close relatives in order to investigate the criminal responsibility of the defendant. Criminal private prosecution is generally applicable to cases with less harm such as embezzlement. For cases that are not filed by public security organs or procuratorial organs, if the victim has evidence to prove that the other party has committed a crime, he may also directly file a criminal private prosecution. This is the case.
So, does Ning's behavior belong to self-defense? Does he need to bear criminal responsibility or civil responsibility? After Li was drunk, he broke into Ning's home and violated Ning's right to life. At the same time, at the moment when Ning opened the door, Li pinched him indiscriminately, which made it reasonable to believe that Li was "furious". Therefore, Ning suffered illegal infringement by Li.
In order to avoid his personal and property interests being infringed by Li, it is a normal stress reaction to hit Li's head with a wine bottle and a bench, and its purpose is also to stop Li's illegal infringement, so his behavior conforms to the constituent elements of legitimate defense. Although Ningmou slightly injured Li, his behavior did not exceed reasonable limits, which was not excessive defense.
Judging from the degree of danger, Li illegally invaded the house and beat Ning, who was at least slightly injured. Therefore, Ning's defensive behavior should cause serious injury or more, which is the necessary limit of "obviously exceeding". However, Li's injury was minor, so Ning's behavior did not exceed the necessary limit.
In the end, according to the relevant laws, justifiable defense does not bear criminal responsibility, nor does it constitute civil tort, and of course it does not bear civil liability for compensation. In the end, the court decided to reject all Li's claims. What do you think of this case?