Legal analysis
Punishment should be mitigated or exempted for excessive defense. The provisions for causing minor injuries are fixed-term imprisonment of not more than three years, criminal detention or public surveillance, which can be appropriately mitigated or exempted according to the circumstances. The so-called excessive defense refers to the situation that the defensive behavior obviously exceeds the necessary limit, causing great damage and should bear criminal responsibility. Victims and their families can make corresponding compensation according to the degree of their own damage and the economic losses caused by the perpetrators. When the court receives the indictment, it will give priority to the mediation of the civil liability part. If mediation fails, the court will take the evidence and words of the original defendant as the basis for the judgment in court. Civil liability will be announced together with criminal liability. After the judgment, if you are not satisfied, you can appeal. In addition, if the inspection organ does not take the action of additional punishment to the people, the limitation of action for personal injury is 1 year. Within one year, the victim and his family may bring a lawsuit to the court where the defendant is located according to their own circumstances. Under normal circumstances, excessive defense will be investigated for criminal responsibility, but it should also be analyzed according to specific circumstances. In the corresponding criminal cases, there are often differences in the definition standards of excessive defense or justifiable defense, just like in the case of intentional homicide, if defensive measures are taken to cause illegal casualties, it does not mean that you will not bear legal responsibility under any circumstances.
legal ground
Article 20 of the Criminal Law of People's Republic of China (PRC) * * * In order to protect the national interests, the public, the person, property and other rights of oneself or others from the ongoing unlawful infringement, and stop the unlawful infringement, which causes damage to the unlawful infringer, it 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. 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.