Criminal law of the people's Republic of China
Article 20. In order to protect the state, public interests, personal, property and other rights of oneself or others from the ongoing unlawful infringement, it is justifiable defense to stop the unlawful infringement and cause damage to the unlawful infringer, and it is not criminally responsible.
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 violent crimes such as assault, murder, robbery, rape, kidnapping, etc., which seriously endanger personal safety, and causing casualties to illegal infringers, is not excessive defense and does not bear criminal responsibility. You have the right to defend yourself when threatened, as long as you don't break the law immediately.
Extended data:
In the dispute, he was chopped several times and stabbed with a machete, causing the other party to die.
At about 2 1 30 on August 27th, when Liu Hailong was driving a BMW to the intersection of Shunfan Road west of Zhenchuan Road in Kunshan City, he had an argument with Yu Haiming who was riding a bicycle in the same direction.
Liu Hailong took out a machete from the car and cut it at Hamming continuously. Subsequently, hamming grabbed the machete and stabbed and hit it several times. Liu Hailong was seriously injured and died after being rescued.
After receiving the alarm, Kunshan Public Security Bureau immediately dispatched the police to dispose of it and filed a case for investigation. In view of the high social concern of this case, Jiangsu Provincial Public Security Bureau and Suzhou Public Security Bureau sent personnel to Kunshan to guide the case investigation.
After on-site investigation, interview and investigation, inquiry and interrogation, video investigation and inquest and appraisal, the facts of the case have been ascertained.
On the night of the murder, Liu Hailong drunk driving Anhui AP9G57 BMW (tested, the blood alcohol content was 87 mg/100 ml), carrying Liu Moumou, Liu Mou and Tang Moumou to the intersection of Shunfan Road along Chuanxi Road, Kunshan Town, forcibly breaking into the right non-motorized vehicle lane, and almost collided with Yu Haiming, who rode normally, and the two sides had an argument.
Liu Xian got off the bus and had an argument with him. When he got back to the bus under the persuasion of his colleagues, Liu Hailong suddenly got off the bus and stepped forward and kicked Yu Haiming.
Despite being persuaded, Liu Hailong continued to chase, then returned to the BMW, took out his machete and attacked Yu Minghai with his weapon. Yu Minghai caused Liu Hailong to be seriously injured in the escape.
After Liu Hailong escaped, he fell in the green belt more than 30 meters northeast of BMW, and was sent to the hospital for rescue, but he died on the same day.
According to forensic identification and video surveillance, Liu Hailong was stabbed five times in seven seconds, and then bled to death.
After physical examination, Yu Haiming found 1 striped contusion in the left neck and 1 striped contusion in the left chest.
Yu Haiming's behavior belonged to self-defense, and the public security organ dismissed the case according to law.
Extended source: "Kunshan hacking case"-People's Daily Online