As you can see from the video, the BMW man got off and chased the cyclist. The cyclist only defended himself and hardly fought back. "BMW Man" ran back, took out a long knife from the car and cut the cyclist's arm, leg and head five times in succession, but the cyclist just dodged, and the cyclist kept restraining himself. As a normal person, when this life is in serious danger, do you stand up or kneel down for mercy?
When the "BMW Man" continued to chase the cyclist, the long knife fell to the ground, but BMW Man still tried to seize the knife and attack. The cyclist first picked up the long knife and stabbed the BMW man. After the BMW man fell to the ground, the cyclist tried to stop the BMW man from fighting back and even cut the BMW man twice. After getting up, the BMW man still tried to resist, and the cyclist chased the BMW man. There is not much controversy about whether the cyclist's initial resistance belongs to self-defense.
The focus of the dispute in this case is: Is it a legitimate defense for the cyclist to continue to chase when the BMW man runs towards the rear of the car?
As for justifiable defense, China's ancient defense system has a long history, and there is a record of "forgiving four evils" in the Book of History Shun Dian. The meaning of this sentence is that, unfortunately, the current crisis has been avoided by encountering improper infringement. If you commit a criminal offence because of misfortune, you should also be pardoned. This sentence embodies the legitimate defense of the hazy state, which also contains the consciousness of infinite defense. "The History of Banknotes in Qiu Guan, Zhou Li" said: "Anyone who kills a thief in a military town is innocent of his family." "Han Law" stipulates: "Those who enter the house without reason, board the ship, or drag others to break the law, shall be killed at the right time, and shall be innocent." Tang Law said: "If you enter the room at night without reason, the owner will detain him and kill him no matter what." In the Yuan Dynasty, "the husband was raped by his wife, but the wife was caught, so it was not guilty to kill him".
There are many cases of self-defense abroad for reference. In particular, we should mention the United States' non-concession law "non-concession law." Non-concession law means that there are reasonable reasons to believe in illegal threats and there is no obligation to retreat first.
China's criminal law also has relevant legal provisions on self-defense. According to Article 20 of the Criminal Law of People's Republic of China (PRC), in order to protect the state, public interests, the person, property and other rights of oneself or others from ongoing unlawful infringement, taking actions to stop unlawful infringement and causing damage to the wrongdoer belongs to self-defense and does not bear criminal responsibility.
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.
In addition, the third paragraph of Article 20 of the Criminal Law mentions the right of special defense, that is, taking defensive actions against ongoing violent crimes such as assault, murder, robbery, rape and kidnapping that seriously endanger personal safety, resulting in unlawful infringement of personal casualties, which is not excessive defense and does not bear criminal responsibility.
One view is that the cyclist took the initiative when the BMW man backed away, and the BMW man has lost the ability to continue to infringe. At this time, the cyclist's behavior of continuing to chase and chop should belong to excessive defense or intentional injury. I don't agree with this view. I think it is necessary for cyclists to continue to chase and chop to stop BMW men from further injury, which should belong to self-defense (this view is only my personal view). The specific reasons are as follows:
1. The behavior of BMW men has seriously endangered the personal safety of cyclists and is a serious violent crime. The cyclist had moved the electric car away and was ready to leave, but at this time, "BMW Man" suddenly caught up with the cyclist. The cyclist didn't mean to pester him and didn't fight back too much. He just made some defensive moves, but "BMW Man" didn't let go. Instead, he ran back to the BMW, took out a machete about 80 cm long, rushed at the cyclist and chased the cyclist, causing many injuries to the cyclist. At this time, BMW's behavior belongs to "ongoing beating".
2. After the BMW man lost his knife, he still had to pick it up and hurt the cyclist, with no intention of stopping the injury.
In this case, the cyclist had to take more effective measures to maintain his own safety in the face of the extremely violent behavior of "BMW Man". After taking the knife of "BMW Man", the cyclist made a counterattack to stop BMW Man from continuing to commit crimes.
The direction of BMW man running is the direction in which he pulls out his machete. It's hard to tell whether BMW wants to escape or continue to fight back with weapons. It is not ruled out that BMW man ran into a cyclist with a leg injury, and it is not ruled out that BMW man once again took out knives, guns and other weapons from the car to continue to fight back violence.
As far as the situation at that time is concerned, the cyclist is one person, while BMW men have three or four accomplices, and the number of BMW men is dominant. Moreover, many BMW men besieged cyclists before hacking people. In a hurry, there is no guarantee that the BMW Men's Association will rally its associates to continue to besiege and hurt cyclists.
As the first victim, the situation at that time did not allow the cyclist to think much. He had to confirm whether his life safety would be further threatened, and BMW man continued to run in the direction of the car. The cyclist can't clearly judge in advance whether the offender will continue to fight back, so he has to continue to chase and cut the BMW man, completely losing his ability to fight back.
7. When the police appeared, the white cyclist was still holding the knife tightly, which shows that he was still in fear and vigilance at that time, fearing that the BMW man would wake up or his accomplices would fight back. At this moment, no one will consider how to become self-defense. If BMW men gather their accomplices and continue to fight back, the victim may be the cyclist. At this time, I should think about how to protect my life, which is the instinct of self-protection as a normal person.
In this case, it is necessary to comprehensively consider the necessity and urgency of defense, and whether BMW has completely lost its ability to resist (including that the infringer has stopped committing crimes, has been completely subdued, and has lost his ability to infringe). ), and the cyclist's series of behaviors are not beyond the necessary measures taken by normal people, which should be self-defense.
Finally, it is concluded that cyclists are self-defense, which is conducive to maintaining justice, allowing victims to bravely resist in the face of violence, effectively deterring and warning criminals, and preventing and reducing the occurrence of illegal crimes. Instead of letting the victim just be Nuo Nuo, worrying about the past and being tied behind his back, this will greatly promote social fairness and justice.