What is this, defending the person facing the unlawful attack is not a robot, he will be flustered, will be anxious, in that critical moment, was impossible to say if also wants to conduct the appropriate defense according to the violation degree of opposite party, this was not possible. 这是什么意思,防卫人面对不法侵害并不是机器人,他会慌张,会紧张,在那个紧要关头,不可能说还要想着根据对方的侵害程度来进行恰如其分的防卫,这是不可能的。 The law is dead, but the person is lives, the specific case must concretely analyze. 法律是死的,但人是活的,具体案件要具体分析。 Slaps I unable to trample your crotch section, but you brandished the chair to pound me, I might not consider that said in your hand the chair to pound the effort and wind direction of person, controls my effort of this counter-attack, that was completely impossible. 打一巴掌我不能踹你的裆部,但是你都抡着椅子砸我了,我不可能还要考虑说你手中椅子砸人的力度和风向,来控制我这一脚反击的力度,那完全不可能。 Because the person is only a person, is not the robot. 因为人只是人,不是机器人。 Therefore this was very difficult to manage, everyone stated views, finally, after passing through on will discuss that had the result. 所以这就很难办了,大家各抒己见,终于,在经过了上会讨论之后有了结果。 Recognized that is the justifiable defense, does not put on record! 认定为正当防卫,不予立案！ Naturally, recognized after making, is the night, therefore has not delivered temporarily. 当然,认定做出后已经是深夜了,所以暂时还没送达。 In the hospital, the Bodhisattva brother's parents are taking care of him, said that is the attendance actually also has nothing necessary, that wound, at all is not anything, slightly limelight on line. 医院内,菩萨兄的父母正在照顾他,说是照顾其实也没什么必要,那点伤,根本不算什么,稍微注意点就行。 He now is very anxious, before did according to does, however has made one time after the summer Eastern wife who side Dazhuang taught he knew, the consequence that caused was very serious. 他现在很紧张,之前做的时候都是根据方大状教的那么做,但是在夏东方的妻子来闹过一次后他就知道了,那一脚造成的后果很严重。 Now in the society is not noisy does not give the management, therefore he is afraid very much, if the summer Eastern wife goes noisily, what to do that should, oneself not be imprisoned. 现在社会上都是不闹不给办事,所以他很害怕,如果夏东方的妻子去闹的话,那该咋办,自己不会坐牢吧。 Is good comforts him because of side Dazhuang, don't worry, even if the public security organ criminal activity put on record, the procuratorate and court there cannot pass. 好在方大状安慰他,不用担心,就算公安机关刑事立案了,检察院和法院那里也过不去。 Before this is not, after undergoing these years discussions, from top to bottom started the discussion to the standard of justifiable defense, because who wants to know, facing the unlawful attack, which step we can achieve! 这不是以前了,经过了这些年的讨论之后,从上到下都对正当防卫的标准开始了议论,因为谁都想知道,面对不法侵害,我们可以做到哪一步！ Two high the guidances are in these circumstances. 两高一部的这个指导意见就是在这样的情况下出来的。 side Dazhuang works always complies with the tidal current, the rule of law is truly progressing, this matter places him to go to school that meeting, is not really good to determine, but now is different. 方大状做事一向都是顺应潮流,法治确实在进步,这事放在他上学那会,真的不好确定,但是现在就不同了。 Another side, the summer Eastern surgery had ended, he is very miserable, this little while wife is looking in there, the anesthetic will exude the intermittent painful sound from now on unceasingly. 另一边,夏东方的手术早已经结束了,他真的很惨,这会儿老婆在那里照顾着,麻药过后不断地发出阵阵痛苦声。 „Relax old summer, I have reported that that boy surnamed Wang will certainly be imprisoned!” “放心吧老夏,我已经报案了,那个姓王的小子一定会坐牢的！” East the summer withstands the pain to say forcefully: „If when the time comes he and we pleaded the understanding, we did not ask for money, so long as he accepted Xiaoyan's mediation on the line.” 夏东方强行忍着痛苦道:“到时候如果他和我们恳求谅解,我们也不要钱,只要他接受晓燕的调解就行。” This matter has not forgotten. 这件事可没忘呢。 Others in hospital ward have known the situation now. 病房里的其他人现在都已经知道情况了。 Was linked by a woman was kicking up a racket one in the evening, everybody knows that had anything. 被一个女人连着吵吵了一晚上,谁都会知道发生了什么。 Now looks that this couple's look is not right, everyone felt good that hits! 现在看着这对夫妻的眼神都不大对,大家都感觉打的好！ In fact lives many people are the good people, they stir up trouble regarding these on own initiative, is really wishing one could makes them accept to educate well. 事实上生活中很多人都是好人,他们对于那些主动挑事的,真的是恨不得让他们好好的接受一下教育。 Living isn't good? Why must go to stir up trouble, eats meal eats meal, drinks a liquor not to know what were oneself surnamed? 活着不好吗？为什么非得去挑事,吃饭就吃饭,喝点酒就不知道自己姓什么了？ Then in such atmosphere, always to the form appeared in the hospital ward entrance. 便在这样的氛围中,老向的身影出现在了病房门口。 The clear to see always to presenting, the summer Eastern wife hurried to go forward saying: „Comrade, you may calculate, how that surnamed Wang hasn't grasped?” 眼见得老向出现了,夏东方的老婆赶紧上前道:“同志,你可算来了,怎么那个姓王的还没抓起来吗？” Always to coughing a sound said: „That Ms. in, I must say one to you, king Yanhao, you also come, now has the result regarding your matters.” 老向咳嗽一声道:“那个于女士,我得跟你说一声,诶王延浩,你也过来,现在对于你们的事已经有了结果。” Actually always looks at king Yanhao who is taking a walk in the hospital corridor to one, this fellow has been able to run everywhere. 却是老向一眼就瞄到了正在医院走廊里遛弯的王延浩,这家伙已经能到处跑了。 Sees the police, the Bodhisattva brother was tense, but walked. 看到有警察,菩萨兄就紧张了起来,但还是走了过来。 „Ok, you East, the summer are also listening now, me notifies to you, regarding the case of cafe, East the summer picks a quarrel because of the mediation inadequately stirs up trouble, creates king Yanhao the arm minor injury, here you need to be responsible for compensating the related expense of opposite party.” “行了,现在你们都在,还有夏东方也听着呢,我这边给你们通报一下,对于咖啡馆发生的案件,夏东方因调解不成而寻衅滋事,造成王延浩手臂轻微伤,这边你需要负责赔偿对方的相关费用。” „Otherwise will be imposed the administrative detention 15 days, receives the fine!” “否则将会被处以行政拘留十五天,并处罚款！” The minor injury has not arrived at the criminal standard. 轻微伤是没到刑事标准的。 However the minor injury you must process, best is the mediation, otherwise must close your several days. 但是轻微伤你得自己处理,最好是调解,否则还是得关你几天。 summer Dongfang has not spoken, he knows this situation, but his wife continues to ask in side: „Comrade, he? He makes into this my husband, this does not calculate that injures intentionally?” 夏东方没说话,他知道这情况,而他老婆则在旁边继续问道:“同志,那他呢？他把我老公打成这样,这不算故意伤害吗？” summer Dongfang first begins, moreover truly injured the opposite party, therefore this really nothing more to be said. 夏东方先动手,而且确实打伤对方了,所以这个真的没什么好说的。 Mainly wants to have a look at the opposite party to go. 主要就是想看看对方会不会进去。 Always to shaking the head, pulled out the written decision saying: „Ms. in, I also gives you to notify now, injures regarding king Yanhao who you reflect intentionally, investigates after the sub-bureau, recognized that its behavior conforms to the justifiable defense standard!” 老向摇摇头,掏出了决定书道:“于女士,我现在也给你通报一下,对于你所反映的王延浩故意伤害一事,经过分局调查,认定其行为符合正当防卫标准！” „Therefore, the sub-bureau decided, does not put on record!” “因此,分局决定,不予立案！” Hears here, king Yanhao the tight heart vanishes all of a sudden, on the face showed the smile. 听到这里,王延浩紧张的心一下子消失,脸上都露出了笑容。 side Dazhuang is really side Dazhuang, after this looks like, must result in many study criminal law. 方大状果然是方大状,这看来以后必须得多学点刑法了。 What? Doesn't put on record? 什么？不予立案？ East the summer on hospital bed hears this words to hurt on the painful heart directly, his wife exclaimed there: „It is not you what's the matter, how was the justifiable defense, my family old did summer injure like this justifiable defense?” 病床上的夏东方听到这个话直接就痛的心都疼,他的老婆更是在那里吼道:“不是你们怎么回事啊,怎么就是正当防卫了,我家老夏都伤成这样了还是正当防卫？” „Which law stipulated said makes into this is the justifiable defense!” “哪条法律规定了说把人打成这样是正当防卫的！” Saw that the opposite party is very excited, always to saying: „Ms. in, should not be first excited, your attitude does not solve the problem the attitude, I now is to explain to you.” 眼看着对方很激动,老向说道:“于女士,你先别激动,你这个态度不是解决问题的态度,我现在是要给你说明白的。” „You read this written decision, your husband first begin to push, then the fan an opposite party slap in the face, the opposite party had started to draw back at this time.” “你看这份决定书,你的丈夫先动手推了一把,然后又扇了对方一个耳光,这个时候对方已经开始退了。” „Then can believe, at this time the opposite party had actively avoids the intention of battle, however, because the opposite party said that does not accept the mediation, your husband after scolding one must kill the opposite party, brandished the chair to pound directly!” “那么可以认为,这个时候对方是有主动避免争斗的意图,然而呢,就因为对方说不接受调解,你的丈夫在骂了一句要弄死对方后,直接抡着椅子就砸了过去！” „In this situation the opposite party can think that threatens oneself personal safety, therefore in these circumstances adopted the counter-attack, was normal, moreover was very necessary!” “这种情况下对方可以认为是威胁到了自身人身安全,所以在这样的情况下采取反击,是正常的,而且是非常有必要的！” For those always explaining diligently, but his explanation had not said that was broken. 老向在努力解释,可他的解释还没说完就又被打断了。 „What is necessary, does he need be able my husband to trample this? He rushes to the disabled person to go intentionally, is this justifiable defense?” “什么有必要,他有必要就能把我丈夫踹成这样？他就是故意奔着废人去的,这难道还是正当防卫？” The summer Eastern wife felt oneself could not understand, he was all right, my husband injured this, then you me told that he was the justifiable defense does not need to shoulder the responsibility. 夏东方的老婆觉得自己理解不了,他没事,我丈夫伤成了这样,然后你跟我说他是正当防卫不需要承担责任。 But we, but can also give him to compensate the related expense? 而我们,还得给他赔偿相关的费用？ This also has the law of the land, law? 这还有王法吗,还有法律吗？ Today's helping dormancy chapter, case real, but in reality is the court decision justifiable defense, but conducted some processing slightly. 今天的助眠章,案例是真的,只不过在实际中是法院判决正当防卫,只是稍微进行了一些加工。 Thank naihe, when Ivan Braginsky, JDHSUF, crazy Shunfeng deity, big brother writing idiot, Qin the bright moonlight big brother, splashed ink to draw the painting, the fat cat story big brother, the manic single dog, another new big brother, Dick, book friend 2022, the black lime adjusted the big brother, the azure axis moon/month read, the truncation taught the disciple, wife, the self-closing large, in the box the soul, thank hitting of brothers to enjoy, thanks 感谢naihe,伊万布拉金斯基,JDHSUF,疯癫的顺丰神仙,文痴大哥,秦时明月大哥,泼墨绘丹青,肥猫物语大哥,狂躁的单身狗,又一个新手大哥,迪克,书友2022,黑白灰调大哥,青轴月读,截教弟子,wife,自闭的硕硕,盒中魂,感谢兄弟们的打赏,谢谢 ( This chapter ends) (本章完)