news

한어Русский языкEnglishFrançaisIndonesianSanskrit日本語DeutschPortuguêsΕλληνικάespañolItalianoSuomalainenLatina

recently, it was reported online that a traffic accident occurred in laoshan scenic area, qingdao.a woman drove a white land rover suv against the traffic and tried to cut in line, but failed and rear-ended the bus in front of her. after getting off the bus, the woman took out her anger on the driver who was driving normally, and cursed him crazily, slapping him more than a dozen times. the driver was bleeding from the mouth and nose, but he did not fight back.(previous report>>>)

regarding the behavior of the female driver wang, the official released a report: after investigation, wang's behavior violated article 42 and article 43 of the "public security administration punishment law of the people's republic of china".the public security organ sentenced wang to 10 days of administrative detention and a fine of 1,000 yuan.。

in this regard, some netizens commented, "fortunately, the male driver who was beaten did not fight back, otherwise it would have been a fight between the two parties." some netizens also believed that "the punishment for the female driver seems too light." the reporter interviewed lawyers on these issues.

if the man fights back, will it be considered a mutual fight?

"in this case, whether the counterattack is considered legitimate defense needs to be judged based on the specific circumstances." xu wei, a partner at beijing jingdu law firm, said that according to the provisions of the "guiding opinions on properly handling minor injury cases in accordance with the law" issued by the supreme people's procuratorate and the ministry of public security,yeswhether it is legitimate defense depends on the cause of the incident, the party at fault, the specific circumstances and the course of events.if both parties cannot maintain restraint and a fight breaks out, and the means used by both parties are equal, it may be considered mutual fighting; it will only be considered legitimate defense if the party at fault strikes first and the means used are obviously excessive, or if one party strikes first and continues to infringe while the other party tries to avoid conflict, and then retaliates and causes harm to the other party.

that is to say,if the male driver takes defensive measures during the continuous beating by the female driver, his behavior may be deemed as legitimate defense, but the degree of defense should be commensurate with the female driver's aggressive behavior.the male driver can take measures to stop the female driver from continuing to beat her, such as pushing her away or fighting back to prevent further harm. however, if the male driver fights back excessively, causing the woman to be seriously injured or even die, it may be considered excessive self-defense and he will need to bear the corresponding legal responsibility.

xu wei suggested that after a conflict occurs, people should try to remain restrained, record audio and video to preserve relevant evidence, and avoid being impulsive.

is the punishment too light?

regarding the female driver's behavior, the situation report shows that the public security organ imposed an administrative detention of 10 days and a fine of 1,000 yuan on her in accordance with the "public security administration punishment law of the people's republic of china". some netizens questioned that such a punishment was too light and the female driver should be held criminally responsible for "intentional injury" and "picking quarrels and provoking trouble".

in this regard, xu wei said,although the male driver had bleeding from the mouth and nose, this cannot be used as a basis for judging the severity of the injury. the relevant parties have stricter procedures for determining the severity of the injury. if it is determined that the male driver has suffered minor injuries or above, the female driver may be involved in the crime of "intentional injury."。

the crime of "picking quarrels and provoking trouble" usually requires that the behavior be random and have the intention to disrupt social order. although the female driver's behavior was aggressive and provocative, whether it constituted "randomness" and "serious circumstances" needs to be comprehensively judged based on the details of the case, the sufficiency of evidence and legal provisions.

at present, if criminal responsibility is to be pursued, either the female driver has a criminal record for beating someone, constituting "multiple assaults"; or, based on the situation at the scene, whether it caused serious disorder in public order - such as causing serious traffic jams, attracting crowds of onlookers, etc. if neither of these is true, then it is indeed difficult to establish a crime.

"the police report that netizens saw only involved penalties for public security, but the penalties for the female driver are not limited to these." the lawyer said that if the female driver's driving in the wrong direction and rear-ending and fleeing the scene were true, then the traffic police department would be responsible. if the traffic police determine that the female driver should bear full responsibility for the rear-ending, then she would have to bear the corresponding compensation. driving in the wrong direction and hit-and-run also violate traffic regulations and will also be punished.

in addition, the female driver is still responsible for apologizing, paying civil compensation, and bearing medical expenses.