Chapter 282 anything treads the justifiable defense of horse! 第282章什么是踏马的正当防卫！ The situation was a little complex, no one can think that East the summer after pushing the complete human begins again! 情况有点复杂了,谁也想不到夏东方在推完人之后又再次动手！ Let alone others, even/including Fangda shape nearby Zhou by this situation being startled. 别说其他人了,连方大状旁边的周某人都被这情况给惊着了。 This kept on proclaiming own daughter was very important, but your behavior, was looks forward to your daughter to go. 这位口口声声说自己女儿很重要,但你这行为,是巴不得你女儿进去是吧。 Let alone other, your palm of the hand got down, if the opposite party can also mediate, that can only explain that this fellow suits goes to the notre dame to strike a gong. 别说其他的了,就你这一巴掌下去,对方要是还能调解,那只能说明这家伙适合去圣母院敲钟。 Fired off the person, East the summer is not afraid, the person who his bludger comes, enters the police station every other day, a problem big pile, actually at this matter, compared with the boundary that many people enforce the law clearly. 打完了人,夏东方根本不害怕,他这种混混出身的人,三天两头进局子,毛病一大堆,其实在这种事上,比很多人都清楚执法的界限。 So long as the opposite party hit back, that proper beats mutually, even reported to the police uselessly still. 对方只要还手了,那妥妥的互殴,就算是报警了也没什么用。 But he did not think that the opposite party can not hit back, because hits back this matter it to speak the truth to be very easy to limit, others slap you, you thought that not indignation pushes the opposite party, was hit back, that also beat mutually. 而他不觉得对方会不还手,因为还手这个事其实说起来很容易界定,别人打伱一巴掌,你觉得不忿推一下对方,也算是还手了,那也是互殴。 However, what making East the summer not think, opposite Bodhisattva brother simply has not hit back, instead starts to draw back backward, draws back while the mouth also saying: „Ok, you begin, Ok, I report to the police now, I told you, mediated do not think, how your daughter should be imprisoned how is imprisoned!” 然而,让夏东方没想到的是,对面的菩萨兄根本没有还手,反而开始向后退,一边退一边嘴里还说道:“行,你动手,可以,我现在就报警,我告诉你,调解别想了,你女儿该怎么坐牢就怎么坐牢！” Why said that all day fighting against corruption eliminates wickedly , because this person was too disgusting! 为什么整天说扫黑除恶,就是因为这种这种人真的太恶心了！ It can be said that the normal people want to live well, is, always some those people, let alone drink, does not drink can look for trouble there. 可以说,正常人都是想好好过日子的,可是,总有那么些人,别说喝了酒,不喝酒都能在那里没事找事。 However this meeting Bodhisattva brother can guess correctly the reason actually probably, the opposite party body has the share very thick wine taste, this was noon drank, was really a talent. 不过这会菩萨兄倒是大概能猜到原因,对方身上有股子很浓的酒味,这是中午喝酒了,真的是个人才。 Therefore, our living well, this local ruffian stirred up trouble, how end us not to know counterattack, began to beat slightly mutually, the major 50 doltishes, you said that who will feel comfortable. 所以呢,我们好好的过日子,这种地痞流氓上来就挑事,完了我们还不知道怎么还击,稍微动个手就是互殴,各大五十大板,你说说谁会觉得舒服。 That type was provoked the feeling is very angry! 那种被人挑衅了的感觉是真的很愤怒！ However the Bodhisattva brother is very really sober, because after side Dazhuang drinks, will really say the method of punishment. 但是菩萨兄现在真的很清醒,因为方大状喝了酒之后是真的会说很多很刑的方法。 For example makes many people ascertain justifiable defense that does not permit! 比如让很多人都捉摸不准的正当防卫！ What is the justifiable defense, how to limit the justifiable defense, what the standard of justifiable defense is? 什么是正当防卫,怎么来界定正当防卫,正当防卫的标准又是什么呢？ Has to raise Brother Long in this aspect again, although he died, but he lived as in the law person heart. 在这方面不得不再提一下龙哥,他虽然死了,但是他依旧活在了法学人心中。 Without compared with that more classical by the case interpretation, that legal precedent was the purity that several blade what behavior said that this was the justifiable defense! 没有比那更经典的以案释法了,那个判例将第几刀属于什么样的行为都说的一清二楚,这就是正当防卫！ After that time is drunk, side Dazhuang „two high” will send «about Being suitable for Justifiable defense System Guidance» is almost the purity that broke off to break up by rubbing spoke. 在那次喝醉酒之后,方大状将“两高一部”所发的《关于适用正当防卫制度的指导意见》几乎是掰开了揉碎了讲的一清二楚。 Naturally, must have a premise, must fix the evidence as far as possible, having to monitor was best, without the monitoring, that must pay attention, the evidence must result in accurately full! 当然,得有一个前提,尽量要固定好证据,有监控最好了,没监控,那就得注意,证据必须得准确充分！ If spoke clearly the justifiable defense, then side Dazhuang was not side Dazhuang, shouted casually an attorney came to say clearly. 如果只是将正当防卫讲清楚,那么方大状就不是方大状了,随便喊个律师来都可以讲清楚。 But side Dazhuang said clearly, how in protecting own situation counter-attacked others with every effort, but was not illegal. 而方大状讲清楚的,是如何在保护自己的情况下尽力来反击别人,但又不违法。 The logical expression is, you dare to pick a quarrel stir up trouble, I can feed in the hospital in the legitimate category you, perhaps ended you also to go, but I was actually all right. 说人话就是,你敢寻衅滋事,我就能在合法的范畴内将你送进医院,完了你说不定还得进去,而我却没事。 This is coming across the issue the difference of rear big shape and common attorney! 这就是在遇到问题之后方大状和一般律师的区别！ Why you can stir up trouble casually, curses at people casually dozen of people, I do not want to be decided to beat mutually, I run either, either holds to be hit by you. 凭什么你能随便挑事,随便骂人打人,我不想被定成互殴,我要么就是跑,要么就是抱着头被你打。 Ended, if the minor injury is not continually, that was more troublesome, because you want to sue your opposite parties unable to find. 完了如果连轻微伤都算不上,那就更麻烦了,因为你想起诉的话你连对方都找不到。 Why many bludgers are firing off the person to run, because of the pure civil act, the relevant authority will not involve. 很多混混在打完人为什么要跑,因为单纯的民事行为,相关部门是不会介入的。 Passed through side Dazhuang the disciple profession regarding the research of justifiable defense, when even he still starts to study in the university, how can counter-attack in the legitimate range! 对于正当防卫的研究贯穿了方大状的执业生涯,甚至于当他还在大学的时候就开始研究,怎么能在合法的范围内反击！ Stated, this and side Dazhuang can hit are not related. 声明一下,这和方大状很能打没关系。 Right, side Dazhuang the undergraduate graduation thesis is this thing...... 哦对,方大状的本科毕业论文就是这玩意…… At that time was considered departs from the classics and betrays principle, was almost given by the teacher otherwise. 当时被认为离经叛道,差点就被老师给否了。 In addition various types won were imprisoned to lose the propaganda that entered the hospital, the association/will made people feel, the good person should be wronged. 再加上各种打赢了坐牢打输了进医院的宣传,总会让人感觉,好人就该受委屈。 Why others pick a quarrel stir up trouble, ending is that rampant, because we observe law and discipline, are we good people? 为什么别人寻衅滋事,完了还是那么嚣张,就因为我们遵纪守法,我们是好人？ No, this is incorrect, side Dazhuang felt, comes out to mix...... in the coming out society, everyone understood that criminal law many, is good. 不,这样是不对的,方大状觉得,出来混……出来社会上,大家懂得刑法多点,总归是好的。 Solely was not the Bodhisattva brother, Zhou Yizhou heard is very earnest joyfully at that time, side Dazhuang this type „very punishment” the small topic will easily not say much, if drank saying that will not stop. 不单单是菩萨兄,周毅周欣然当时听得都很认真,方大状这种“很刑”的小话题轻易不会多说,但一旦喝多了说起来,那就不会停。 Therefore saw that the Bodhisattva brother started to retrocede, behind had planned side Dazhuang who stood sat, will stand to prepare to come up while convenient Zhou resolute of help also to draw sitting down. 于是眼看着菩萨兄开始后退了,后面原本已经打算站起来的方大状又坐了下来,顺便将站起来准备上去帮忙的周毅也拉着坐下。 „side Dazhuang, is this...... the justifiable defense?” Zhou resolute asked subconsciously, he felt like a bit like. “方大状,这是……正当防卫？”周毅下意识地问道,他感觉好像有点像。 side Dazhuang smiles has not spoken, but turned upwards one leg on the other, the mouth starts snort/hum the program of that classics: „I sit in the tower over a city gate keeping watch scenery, the ear hear outside the city chaotic......” 方大状笑了笑没说话,只是翘起了二郎腿,嘴里又开始哼着那经典的曲目:“我坐在城楼观风景,耳听得城外乱纷纷……” Zhou resolute also smiled , to continue to sit there sees a play, on the other hand, today, must make others know probably, anything treads the horse called the justifiable defense. 周毅也笑了,继续坐在那里看戏,话说回来,今天,大概是要让别人知道一下,什么踏马的叫正当防卫了。 The Bodhisattva brother retrocedes, was saying these words, here he must observe another point, because in the guidance has one, regarding provoked the opposite party to violate itself in spoken language, behavior and other ways intentionally, the defense that gives to counter-attack again instigated, does not think that was the justifiable defense! 菩萨兄后退,说着那些话,这里他要遵守另一点,因为指导意见中有一条,对于故意以言语、行为等方式挑动对方侵害自己,再予以反击的防卫挑拨,不认为是正当防卫！ Therefore here must keep firmly in mind that in addition, deliberately do not instigate others, that words that the Bodhisattva brother just spoke have the profound meaning, the appearance that he displays is an impulsive youth. 所以这里就要牢记另一点,不要刻意地去挑拨别人,菩萨兄刚刚说的那番话是有深意的,他表现出来的样子就是一个冲动的青年。 You looked, you ask me to mediate, I also saw you, then you began to hit me, I said that I definitely did not accept you to mediate, this was a very smooth logical behavior. 你看,你来找我调解,我也见你了,然后你动手打我,那我说我肯定不接受你调解了,这是一个很顺畅的逻辑行为。 But legally, will not say what you on first, you think that he on second, actually he at the third such matter, intentionally, is whether subjective how, needs to synthesize to recognize. 而在法律上,是不会说什么你在第一层,你以为他在第二层,其实他在第三层这样的事,是否故意,主观如何,是需要综合来认定的。 Obviously, opposite summer Eastern this little while really does not know the nameless anger where comes, after hearing the Bodhisattva brother's words, then scolded there: „Ok, did not mediate, the father trod the horse to kill you!” 显而易见,对面的夏东方这会儿真的不知道哪来的无名怒火,听到菩萨兄的话之后,便在那里骂道:“行,不调解是吧,老子踏马弄死你！” Moreover this time was worried about the opposite party probably also began, nearby coffee chair with, cast off the upper arm directly then toward pounding! 而且这次大概是担心对方也动手了,直接把旁边的咖啡椅给拿了起来,甩开膀子便往过砸！ Naturally, in his really does not illuminate dies hits, this chair is the plastic chair, pounding also hurts a meeting, this matter he is experienced, the minor injury does not calculate. 当然,他这也不是真的照死里打的,这椅子就是个塑料椅子,砸在身上也是疼一会,这事他有经验,连轻微伤都不算。 The summer Eastern wife was shouting in behind „do not hit”. 夏东方的妻子在后面喊着“别打了”。 However no one responds him, the surrounding person is watching the fun, some people are thinking goes forward to mediate a quarrel, but came up injured accidentally at this time easily. 然而没人搭理他,周围的人都在看热闹,有人想着上前劝架,但这个时候上去容易被误伤。 Therefore is thinking fires off this round on again. 所以就想着打完这个回合再上。 But sees this, side Dazhuang who behind sits does not feel right, but to too far, the mouth said subconsciously: „Ended, this fellow really study I?” 而看到这一幕,后面坐着的方大状感觉不对,但离得太远了,嘴里下意识地说道:“完了,这家伙真的学我了？” Very much what to do he after speaking the topic of punishment also spoke to experience these matters to be able while the drinking desire. 他在讲完很刑的话题后又趁着酒兴讲了一下自己遇到这些事会怎么办。 The result has not thought that this fellow direct study, cracked a joke, his old side was uses itself example, your a body of code character code empty author study I? 结果没想到这家伙直接学自己了,开玩笑呢,他老方是用自己来举例子的,你一个码字码的身体都虚了的作者学我呢？ Ok, side Dazhuang had pulled out own notebook ahead of time, cancelled one above, although has not arrived at the most classical justifiable defense foundation, but can also assemble. 算了,方大状已经提前掏出了自己的笔记本,在上面勾了一笔,虽然没到最经典的正当防卫基础,但也能凑合。 In his eyes, the most classical justifiable defense, that should be returns safe and sound, the opposite party entered the hospital , after ending the opposite party left the hospital, must enter the police station, that is most classical! 在他眼里,最经典的正当防卫,那应该是自己毫发无损,对方进了医院,完了对方出院后还得进局子,那才是最经典的！ The unprincipled people, should point by the spear/gun! 坏人,才应该被枪指着！ The Bodhisattva brother has noticed himself unable to avoid, therefore can only force to protect the head with the right hand, simultaneously lifted the foot, tramples toward the lower abdomen of opposite party. 菩萨兄已经注意到自己躲不开了,所以只能勉强用右手护住了头,同时抬起了脚,向着对方的小腹踹去。 Naturally, this foot possibly lost the accurate aim, possibly the Bodhisattva brother lowered a point the angle, in brief, this foot was powerful, the strength of almost it can be said that going all out. 当然,这一脚可能失了准头,也可能菩萨兄把角度调低了一点,总之,这一脚的力量十足,几乎可以说是拼命的力量了。 But the position, has that little awkward. 而位置嘛,有那么一点点尴尬。 Regarding the remarkable slight unlawful attack, the author in the situation that can recognize, the direct use caused the way of person severe wound or death sufficiently is conducted to stop, should not recognize for the defense behavior. 对于显著轻微的不法侵害,行为人在可以辨识的情况下,直接使用足以致人重伤或者死亡的方式进行制止的,不应认定为防卫行为。 Most starts naturally unable to trample, because hits slap in the face that is not anything, you cannot, because others slap your to trample others critical parts, that is not definitely good. 最开始当然不能这么踹,因为打个耳光那不算什么,你不能因为别人打你耳光就踹人家的要害部位,那肯定不行。 However on your mouth said that must kill me, took the chair to illuminate my head( shoulder) to come, I can think that you want my life, I can certainly conduct counter-attack truly! 但是你嘴上说要弄死我,拿着椅子照我的头(肩膀)来了,那我可以认为你是想要我的命,我当然可以进行真正的反击了！ Bang! With two bangs, two men lie down on the ground simultaneously start to send out the pitiful yell. 砰！伴随着两声巨响,两个男人同时躺在地上开始发出惨叫。 East the summer entire body turned into the arch, the both legs closely gripped, the pitiful yell that the mouth sent made the surrounding man listen fearful and apprehensive, that under foot, the egg broke to pieces normally. 夏东方的整个身体都变成了弓形,双腿紧紧夹住,嘴里发出来的惨叫让周围的男人听了都心惊胆战,那一脚下去,蛋碎了都正常。 But Bodhisattva brother, in calling out pitifully, on the arm suffered solid, is only a little unexpected...... is not quite sore, thinks this time will break the arm probably. 而菩萨兄嘛,也在惨叫,胳膊上结结实实地挨了一下,只是有点出乎意料……不太疼,原本以为这次大概会断胳膊呢。 But...... is not sore does not turn over to sorely, at this time was the wind performing skill time, the Bodhisattva brother lay down there is one wails, tears class/flow that called a rapidness. 但……不疼归不疼,这个时候就是飙演技的时候,菩萨兄躺在那里就是一顿哀嚎,眼泪流的那叫一个快。 But at this time, side Dazhuang and Zhou resolute two people arrived at side the Bodhisattva brother at the maximum speed, then on two faces then presented extremely the worry expression simultaneously. 而在这个时候,方大状和周毅两人以最快的速度来到了菩萨兄身边,然后两张脸上便同时出现了极其担心的表情。 „little king are you all right? Hurries to report to the police, 120, hurry up!” “小王你没事吧？赶紧报警啊,还有120,都快点！” Said, two men looked at each other one, each other saw words that the opposite party must speak: Develops the emperor. 说完了,两个男人对视一眼,彼此都看到了对方要说的话:演帝。 Outside, Liu Hongxia and old Meng look at each other one, lowers the head, this is also thinking discussed that the person must enter the hospital now. 外面,刘红霞和老孟对视一眼,低下了头,她这还想着谈呢,现在人都要进医院了。 Because of happening in downtown area, moreover it is said two people must enter the hospital, therefore the police station have the police to be quick. 因为发生在闹市区,而且据说有两个人都要进医院了,于是派出所出警很快。 But the eye sockets of many comrade a little become dark, probably stayed up late excessively, did not know what situation. 只不过很多同志的眼圈都有点发黑,好像是熬夜过度了,也不知道什么情况。 Two people were delivered to the hospital by the ambulance, the comrades of police station started to begin to investigate. 两人都被救护车送到了医院,派出所的同志则开始展开调查。 „Therefore, this named summer Dongfang, is plans today asks king Yanhao to mediate? How will he begin to hit the person?” Police always to a face speechless say/way. “所以,这个叫夏东方的,今天来是打算找王延浩调解？那他怎么会动手打人呢？”民警老向一脸无语道。 Was reasonable, he as the senior police, experienced, was sees regarding this situation not many. 讲道理,他作为资深民警,见多识广,对于这种情况也是见得不多。 Probably are not really many, at least he who in the plea understanding process begins sees only has been such several times. 好像在恳求谅解过程中动手的真的不多,最起码他只见到过那么几次。 As for king Yanhao this name, no need for introduction, everyone was very recently ripe, because of him, let alone the criminal police, their these police were even reassigned to make an arrest. 至于王延浩这个名字,不用介绍,大家最近都很熟,因为他,别说刑警了,连他们这些民警都被抽调去抓人了。 You think that this eye socket is how black. 你以为这眼圈咋黑的。 „Probably both sides before has discussed that without discussing gathers together, then today East the summer drinks, then began.” Stands in always to a front Zhou face honest say/way. “好像双方之前就谈过,没谈拢,然后今天夏东方又喝酒了,然后就动手了。”站在老向面前的周某人一脸老实道。 The old apex nods has not spoken, has the monitoring, so many witness, how regarding the summer East think, that is not quite important, what we definitely know is that he definitely began. 老向点点头没说话,有监控在,有这么多的证人在,对于夏东方是怎么想的,那不太重要,可以肯定的是,他肯定动手了。 Moreover just started to slap opposite party, the opposite party retrocedes to walk unceasingly. 而且刚开始打对方耳光,对方是不断后退想走的。 This is a very important point! 这是很重要的一点！ Why many people think that is the justifiable defense, behind is actually determined as beats mutually, is very simple, the opposite party fan your palm of the hand, ended your fan to go back. 为什么很多人以为是正当防卫,后面却被定性为互殴,很简单,对方扇了你一巴掌,完了你扇回去。 You not stemming from „defense” the goal begins. 那你就不是出于“防卫”的目的来动手的。 Remembers firmly, the latter two characters of justifiable defense were called the defense, you must begin out of the goal of defense, rather than retaliation. 牢牢记住一点,正当防卫的后两个字叫防卫,你必须是出于防卫的目的来动手,而不是报复。 Why this is is very easy presents „good person to be wronged” the situation. 这就是为什么很容易出现“好人受委屈”的情况。 Always to moved to monitor, this cafe's monitoring can move in the onstage directly, quick saw the beforehand situation. 老向去调监控了,这咖啡馆的监控就在前台直接能调,很快就看到了之前的情况。 „This person...... considers as finished, drinks many people, works has the possibility.” “这人……算了,喝多的人,做什么事都有可能。” Looked at the video always to know, this man surnamed Xia was really a little big sickness, but the foot of that young people was also his brow that looked at wrinkles finally. 看了视频老向才知道,这个姓夏的男人真的是有点大病,不过最后那个年轻人的一脚也是看的他眉头皱起。 Although code character code was impotent, but the Bodhisattva brother after all is young people, that tramples heavily. 尽管码字码的体虚了,但菩萨兄毕竟是年轻人,那一脚踹下去是真的重。 Naturally, this foot is truly heavy, at least can look from summer East wife present complaining tearfully. 当然,这一脚确实很重,至少从夏东方妻子现在的哭诉中就能看出来。 „Comrade, Comrade, east my family...... there entire was made the issue, the doctor said that must perform the surgery, is very serious, is very serious!” “同志,同志啊,我家东方的……那里整个都被打出了问题,医生说要进行手术,很严重,特别严重！” Actually was the summer Eastern wife in obtained oneself family/home husband's state after doctor there on looks directly just arrived at the hospital always approached. 却是夏东方的妻子在从医生那里得到了自己家丈夫的伤情后就直接来找刚刚到医院的老向。 He was at that side the cafe to adjust the monitoring, asked the witness to ask the situation, regarding the entire event confident. 他在咖啡馆那边已经调了监控,找证人问了情况,对于整个事件已经心里有底了。 How however the specific case makes, is not decided by him, he can do collects plentier evidence as far as possible. 但是具体案件怎么弄,也不是由他说了算,他能做的就是尽量收集更多的证据。 For example two people injuries. 比如两人的伤势。 Now arrives at the hospital to tie down. 现在一到医院就被缠住了。 Always to also can only say: „Concrete state conforms to what standard, some stipulations, but also asked you to be able rest assured that the law will not let off an unprincipled person, but will not tarnish a good person.” 老向也只能说道:“具体伤情符合什么标准,都有规定,但是也请你放心,法律不会放过一个坏人,但也不会冤枉一个好人。” The summer Eastern wife has cried is not good. 夏东方的妻子已经哭的不行了。 That spot of man is the strategic point in strategic point, even if the useless vigor comes, that also guarantees can let the opposite party pain good long while, this made an effort a foot by a young man, that situation...... 男人的那个部位是要害中的要害,哪怕没用劲儿来一下,那也保准能让对方痛好半天,这被一个年轻小伙使劲来了一脚,那情况……啧啧。 Therefore now the summer Eastern wife only has an idea, must make that boy be imprisoned! 所以现在夏东方的妻子只有一个想法,一定要让那个小子去坐牢！ Always to the said headache, he was explaining diligently the present situation was unable to make to recognize, but the opposite party does not listen, the mouth said that surnamed Wang must be imprisoned. 老向被说的头疼,他在努力解释现在的情况还无法做出认定,但是对方根本不听,嘴里一个劲儿地说那个姓王的一定要坐牢。 Finally in this time, the doctor is walking. 结果正在此时,医生走了出来。 Sees the doctor, always to rushing to ask. 见到医生,老向赶忙上去问道。 „Hello, I want to ask, that king Yanhao wound how?” “诶您好,我想问问,那个王延浩的伤怎么样了？” „That young people? He has no important matter actually, was arm there by the plastic chair cutting an opening, was a little long, was two centimeters probably, but was not actually deep, was the arm joint place has the damage.” “那个年轻人？他倒是没什么大事,就是胳膊那里被塑料椅给划开了一个口子,有点长,大概有个两厘米,不过倒是不怎么深,然后就是手臂关节处有损伤。” What? The summer Eastern wife when heard king Yanhao to have no important matter to have a fit of bad temper directly. 什么？夏东方的妻子在听到王延浩没什么大事的时候直接炸毛了。 „Comrade, the comrade you looked, he is all right, doesn't this catch him? What my family old summer he made into, my family old summer is still undergoing the surgery now, his medical expenses did not have!” “同志,同志你看,他都没事,这都不抓他吗？他都把我家老夏打成什么样了,我家老夏现在还在做手术,他连医药费都没出！” „Comrade, there is no alternative but to reason with, this must first make him give us to have the medical expenses!” “同志,这不能不讲理吧,这总得先让他给我们出医药费！” Always to looking at the opposite party had not spoken, he really does not want to speak with this woman now. 老向看了看对方没说话,他现在真的不想和这个女人说话。 Sees the doctor saying: „That troubles you to give me two people state reports, I need to bring to go back.” 只是看着医生道:“那麻烦您把两人的伤情报告给我,我需要带回去。” Whether the intentional injury must sentence, generally must look at the state, normal, only then achieves the minor wound to involve the intentional injury. 故意伤害是否要判刑,一般都得看伤情,正常来说只有达到轻伤才会涉及故意伤害罪。 The speed of doctor is quick, shortly after the state reported gave always, therefore always to hurrying in institute, he thought that now in leadership, or the above leadership surely needs this thing. 医生的速度很快,没多久就将伤情报告给了老向,于是老向赶紧回所里,他觉得现在所里的领导,或者说上面的领导肯定需要这个东西。 Always to thinking right, at this time the leadership in related aspect already, because this case had the dispute. 老向想的没错,这个时候相关方面的领导已经因为这个案件发生争议了。 Dispute with emphasis is, whether king Yanhao the behavior is the justifiable defense! 争议的重点就是,王延浩的行为是否属于正当防卫！ Some people think that is not the justifiable defense, the reason is also very simple, knows that recognizing of justifiable defense is extremely strict, even can say, at present rarely rarely can see recognizes for the justifiable defense directly. 有的人认为不是正当防卫,原因也很简单,都知道正当防卫的认定是极其严格的,甚至可以说,目前很少很少能看到直接认定为正当防卫的。 Therefore in such a case, they best first make an arrest, then the view examines recognizing of two institutes. 所以在这样的情况下,他们最好还是先抓人,然后再看法检两院的认定。 However some people actually some different opinions. 但是有人却有不同意见。 „I do not know that you in hesitant anything, this is together very typical justifiable defense, you look here!” “我不知道你们在犹豫什么,这就是一起很典型的正当防卫啊,你看这里！” He points at the form that in the monitoring video king Yanhao is retroceding saying: „He was very here obvious does not plan and opposite party gets up to conflict, can recognize, at this time that summer Eastern pursuit, can actually be regarded as the threat to king Yanhao personal rights!” 他指着监控视频中王延浩后退的身影道:“他在这里很明显已经不打算和对方起冲突了,也就是可以认定,这个时候那个夏东方的追击,其实可以看做是对王延浩人身权的威胁！” „Then, he brandished the chair, in these circumstances the opposite party is forced to counter-attack, I think that this is the typical justifiable defense.” “然后呢,他又抡起了椅子,在这样的情况下对方被迫反击,我认为这就是典型的正当防卫。” Theoretically the court procuratorate and public security organ can recognize the justifiable defense. 理论上来说法院检察院以及公安机关都可以认定正当防卫。 However in practice actually rarely meets, moreover is the justifiable defense ruling that the court makes. 但是在实践中却很少遇到,而且很多都是法院做出的正当防卫判决。 Therefore in such a case, to let the decision that the public security organ makes directly does not put on record, is very difficult, because this involved the issue in aspects. 所以在这样的情况下,要想让公安机关直接作出不予立案的决定,是真的很难,因为这涉及到了方方面面的问题。 Quick, always , the belt/bring came back the state report. 很快,老向回来了,带回来伤情报告。 The person who the support puts on record were then many. 支持立案的人便多了起来。 The reason is also very simple, the wound of because in this case, king Yanhao receiving is almost the minor injury. 原因也很简单,因为在这案子里,王延浩受到的伤几乎就是轻微伤。 But East the summer the different, serious point recognized that does not have the issue for the minor wound. 而夏东方不一样,严重一点认定为轻伤都没问题。 It is not very easy to obtain, which perspective because from, king Yanhao the behavior has no issue. 只是不好弄,因为从哪方面来说,王延浩的行为都没有任何问题。 Yes, his counter-attack probably was heavy a point, but similarly, in two high guidances also has, „considers all the factors in case, the serious degree as well as defense person of mistake degree and unlawful attack of especially unlawful attack person facing unlawful attack scared, anxious and other psychology and ensure the penalty decides after deliberation to be appropriate and fair”! 是,他的反击好像是重了一点,但同样,两高一部的指导意见里也有,“综合考虑案件情况,特别是不法侵害人的过错程度、不法侵害的严重程度以及防卫人面对不法侵害的恐慌、紧张等心理,确保刑罚裁量适当、公正”！