Job Recruitment Website - Property management - If someone hits me first, I will fight back. Do I have to pay for hurting others? New Civil Code: No need, what do you think?
If someone hits me first, I will fight back. Do I have to pay for hurting others? New Civil Code: No need, what do you think?
First, the civil law says that self-defense does not require compensation, but fighting does require compensation. Don't think that just because someone hits you first, you can fight back without scruple. The actual judgment of this situation is generally "fighting each other".
This kind of fighting usually occurs in night market stalls and entertainment and leisure places, especially those who drink. Maybe I just don't like their eyes, so I start quarreling, and then I can't help but fight with each other. At this time, even if you wait for the other side to make the first move, and then you fight back, both sides will still be detained.
In addition, after the new regulations of 202 1 came out, the cost of fighting increased further, and the result was "win in prison, lose in hospital". No matter whether you start first or later, as long as you seriously hurt the other side, you will be tried by law, leaving a stain on the file, which will affect children's education, employment, military service and other major events.
Therefore, forbearance is still necessary, harmony is the most important, and civilized society does not advocate hands-on.
2. Self-defense needs to meet at least five conditions. If you have no rancor with the other party and the other party wants to attack you, then the first thing to do is to avoid or block, and then fight back when it is inevitable and keep a certain limit. When the other party stops the illegal infringement on you, you also need to stop.
In other words, self-defense needs to meet five requirements:
1. The object of justifiable defense must be unlawful infringement;
2. It must be an illegal infringement. If the other party stops or loses the ability to invade, you must also stop;
3. You should have the awareness and understanding of defense, not for the purpose of hurting each other, nor can you deliberately provoke others to attack yourself in a "provocative" way;
Your defense can only be directed at the infringer himself, and you can't "actively" defend the infringer's accomplice.
5. Your defense can't obviously exceed the necessary limit, unless the other party is committing robbery, forced sexual relations with others, murder and other acts that seriously endanger personal safety.
If you don't understand these elements, try not to argue with others and don't shoot casually. When others attack you, you can take some measures, such as fending off, dodging, warning each other and running away, which is the safest. At the same time, you can call the police and let professionals handle this situation.
We should remember that the law is more reliable than our fists. The law will not let you be beaten in vain, and it will also restrict everyone from fighting at will. Even if you don't have time to escape or dodge, and then get slightly injured, you can go directly to the sales department or 4S shop the next day, and the compensation from the other party will satisfy you.
Finally, the new civil code encourages self-defense and courageous behavior, but before taking practical actions according to law, it should be clearly defined.
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