月度归档： 2023 年 1 月

由 2023年1月12日

Young people hitting an old man constitutes a minor injury, and the social influenc:05 Zhangjiakou l:48 Zhangjiakou l:47 Zhangjiakou legal question and answer lawyer 2020-10-23 23. Om16 Excessive defense causes minor injuries. Excessive defense refers to a criminal act that obviously exceeds the necessary limit and causes great damage and should be criminally responsible. The so-called excessive defense refers to the situation that legitimate defense behavior exceeds the defense scale stipulated by law, so it should bear criminal responsibility. Below we will give you a detailed introduction to the knowledge about minor injuries caused by excessive defense, hoping to help you. 499 people have consulted. Is defense causing minor injuries excessive? Is defense causing minor injuries excessive? According to the general theory of criminal law, the necessary limit should be based on what is necessary to stop illegal infringement in principle, and at the same time, there is no too great difference between defensive behavior and illegal infringement in means and intensity. [Case] On the evening of October 28, 2011 … the man&;s security guard persuaded him to break the frame, which constituted justifiable defense. It had to start from the first international food festival held in Guangzhou Cultural Park more than three years ago. On the same day, Zeng Qiang (pseudonym), who lives in Haizhu District, went to the Cultural Park with his relatives and friends. In the meantime, Zeng Qiang had a dispute with Liu Yun (a pseudonym), a female tourist, and tourists A, B and C for seats, and then fought with A and B, causing partial soft tissue contusion of the other two. Liu Yun came forward to dissuade him, and consulted with 188,388 people about the standard of stabbing a person with a knife. There is no uniform standard for stabbing a person with a knife. He needs to go to a judicial appraisal institution for appraisal, and he needs to provide authentic, complete and sufficient appraisal materials. The legal performance of the appraisal materials is that he should be sentenced to several years of excessive defense for causing minor injuries, and he should bear criminal responsibility for his behavior exceeding the obvious necessary limit under the condition of proper defense. Therefore, the objective requirement of excessive defense is to exceed the necessary limit and cause great damage in order to constitute excessive defense. So what will be the punishment if excessive defense causes minor injuries to others? Here&;s how many years will you get for causing minor injuries due to excessive defense. 307 people have consulted 397 people and 244 people have consulted whether the infringing homestead can be compensated for more than ten years, and the obligee can be compensated according to law. Involving the real right and registration of real estate and returning property, it is not subject to the limitation of action; The limitation of claiming civil rights to the court that is not involved is three years. If the limitation of prosecution is exceeded, the court will generally not accept it. Can spiritual compensation for transportation be used as a legacy? Spiritual compensation for transportation can&;t be used as a legacy, but if the decedent dies, the compensation can be handled according to the legal inheritance, and the necessary share of the legacy should be reserved for the heirs who lack the ability to work and have no source of income. How to distribute the compensation for husband&;s accidental death?In the case of death outside the country, the compensation should generally be distributed according to the provisions of the inheritance law, that is, it should be distributed equally according to the number of heirs, and the heirs should negotiate and deal with the inheritance problem in the spirit of mutual understanding, mutual accommodation and harmony and unity. The time, method and share of estate division shall be determined by the heirs through consultation. How to stipulate the limitation of action for divorce damages The provisions of the limitation of action for divorce damages are as follows: 1. The limitation of action is generally three years. Unless there are special provisions; 2. The above-mentioned limitation of action starts from the date when the obligee knows or should know that the right is damaged and the obligor; 3. Other regulations. The application of divorce damages stipulated in the marriage law has been abolished at present, and the application of divorce damages stipulated in the civil code is as follows: 1. Bigamy or cohabitation with others, which includes legal bigamy and de facto bigamy. A spouse living with others means that a spouse and the opposite sex outside marriage do not live together continuously and stably in the name of husband and wife; 2. Implementing domestic violence; 3. Abandoning family members. How does the Marriage Law stipulate the compensation for divorce damages? The Marriage Law has become invalid. The Civil Code stipulates that the compensation for divorce damages is as follows: one of the husband and wife has bigamy, the spouse lives with others, domestic violence is committed, and family members are abandoned. And only the innocent party has the right to claim damages. The exercise of the right of claim must be based on the premise that the parties are at fault, which leads to divorce, that is, the claim for damages should be filed at the same time as the divorce proceedings.

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