What should Tang Xue, a 90-year-old woman from Lijiang, do if she fights with her neighbors in the countryside?

Timid people are afraid of boldness, bold people are afraid of death, and people who are not fatal are afraid of being knocked out. People who have business, fighting is nothing more than playing with money, connections and momentum. You weigh what to do. I want to add that I'm afraid of crossing, and I'm afraid of crossing as hell.

Li came to the door with a knife but couldn't get in (he didn't break the door). People were outside the door and someone stopped him. At this time, Tang had enough time and opportunity to call the police and had certain conditions for self-help, but Tang chose to go out with a knife to fight; Before Tang opened the door, Li's kitchen knife had been snatched away by his companions and thrown away. At this point, Li was unarmed.

Even if there is "illegal infringement", it is still in a state of being banned by peers, which has not yet reached the point of endangering Tang's life; During the fight, Li was pulled by his peers and his movements were limited. On the other hand, Tang's mobility is not restricted. He holds a fruit knife and a fruit knife, which hurts people's lives. In contrast, the degree of violence between the two men was obviously unequal, and Tang's defensive behavior obviously exceeded the necessary limit.

To sum up, although Tang's behavior was a counterattack and legitimate defense after being infringed, it obviously exceeded the necessary and reasonable limits. Yongsheng county people's procuratorate filed a public prosecution with Yongsheng county people's court on August 7, 20 19 for Tang's alleged intentional injury. On August 25, the indictment of the prosecution in this case was exposed.

Yongsheng County Procuratorate believes that Tang had a scuffle with the victim Li, intentionally hurting others with a knife, causing death, and should be investigated for criminal responsibility for intentional injury, but what is Tang's behavior? "Self-defense obviously exceeds the necessary limit and causes great damage" shall be mitigated or exempted from punishment.

According to the provisions of Article 20 of the Criminal Law, in order to protect the state, public interests, the person, property and other rights of oneself or others from ongoing illegal infringement, stopping illegal infringement and causing damage to the illegal infringer, it belongs to self-defense and does not bear criminal responsibility. Self-defense is not "you hit me, I can fight back indefinitely", even if it is self-defense, it needs certain conditions to obtain its "legitimacy".

2065 438+09. 2. 8 Tang, a retired female soldier from Lijiang after 1990, was stopped and abused by a drunk on her way home. When she and her father were looking for Li Theory, the three men fought for the first time. The next day, Li went to the Tang family with a kitchen knife. Don took the peeler and fruit knife at home and went out. The two men fought again. Finally, during the scuffle between the two men, Tang stabbed Li's right thoracic ascending aorta with a knife, causing the latter to die of acute hemorrhagic shock.