A woman who bit her sister’s finger has been detained for 5 days, a court said on Tuesday

2022-05-10 0 By

I bit someone, but it was self-defense.How can not find out the reason, just for biting people detained me five days fine 500, I refuse to accept!”Beijing woman Hu Mou Ying has two sisters: Hu Mou Dan and Hu Mou ke.On the day of the incident, Hu Ying visited his father’s home, and his two sisters had arrived first.After talking to her two sisters, she said goodbye to her father and caregiver and prepared to leave.Two elder sister Hu ke accused of ignoring the two sisters, then abuse Hu Ying does not take care of his father, just to rob the house.Hu Ying then used a mobile phone to shoot each other’s video, Hu Ke saw the mobile phone, Hu Dan has to stop the robbery, during Hu Ying twice to the police, but the police did not arrive in time.After Hu Ying continued to shoot, Hu Ke again came forward to rob, Hu Dan embrace Hu Ying.After Hu Mou Ying fell to the ground, Hu Mou Dan riding hu Mou Ying body, Hu Mou Ke also knelt down to hold down, forming a situation of two dozen one.Hu ke rode hu Ying on the body, hu Ying scratched her hair against the floor and heating, stepped on her hair, slapped her face and verbally insulted her for 20 minutes.Hu Dan also assisted.In the process of fighting, Hu Ying has always been controlled by two people, Hu Ke’s husband Zeng and nurses have been advised to pull.After fighting for more than 20 minutes, Hu Mou Ying biting Hu Mou Dan’s finger, its finger bite bleeding, finally separated.After identification, the injury constituted a minor injury, the public security organs to adjust, the three did not reach a reconciliation.Haidian district public security bureau to intentionally hurt others body, hu Ying detention for five days fined five hundred, hu ke detention for three days, hu Dan criticism education.Administrative detention is finished, Hu Ying feel too injustice, it is passive beaten, but finally their own punishment the heaviest.In a rage, the district public security bureau sued the court that its administrative punishment is wrong.Hu Ying put forward the reason is: he was forced to bite people, is in their own beating injury, self-defense behavior, does not constitute illegal.In this regard, the court of first instance held that the two sides had physical conflict due to trivial conflicts, and the fact that the Haidian District Public Security Bureau had determined that Hu Mou Ying hurt people was fully supported and the procedure was legal.So rejected hu Mou Ying’s lawsuit request.As a matter of fact, in daily life, if the two sides can not reach a reconciliation, both sides will start to fight, the police will make corresponding administrative punishment to the two sides according to the degree of harm consequences.In this case, the Haidian police is so dealt with, the family members of the physical conflict, can not be reconciled, both sides have started, according to their respective injury degree, that Hu Ying caused the most serious injury, the heaviest punishment;Think hu mou ke responsibility second, Hu Mou Dan responsibility least.The result seems fine, as if fairness and responsibility were balanced.But obviously, this treatment result is not “fair”, because the two sides are not “fighting each other”, is a simple two to one, Hu Ying is purely out of the beaten state, bite Hu Dan is a kind of justifiable defense.The so-called justifiable defense refers to the act taken to stop an unlawful infringement against a person who is carrying out an unlawful infringement and to cause damage to the unlawful infringer.Justifiable defense demands: “An act of self-defense to a certain extent is taken to prevent an unlawful infringement while an unlawful infringement is ongoing.”From the video surveillance and three people can be seen that Hu Ying is not active to get into trouble, is not the first start.Even the whole process is controlled by the other two people, suppression, completely without the possibility of beating each other.The final bite, purely to prevent the other party from encroaching, is justifiable defense.The Ministry of Public Security “Public Security Organs enforcement law of the People’s Republic of China on Public Security Administration Punishment (II)” provides that: in order to avoid the ongoing violation of the violation of public security administration and take to stop the violation of illegal acts, does not belong to the violation of public security administration.In fact, this provision clarifies the application of the “justifiable defense” system in the field of public security punishment, that is, in the field of public security administrative punishment, the “exemption” of justifiable defense can be adopted.In this case, Hu Mou Ying bite Hu Mou Dan’s finger, although causing injury, but the purpose is to prevent and protect their own life and health suffered infringement, and compared with the other side of the harm degree, does not exceed the necessary limit, therefore constitutes “justifiable defense”, does not have illegality, should not be punished.Even if justifiable defense can not be identified, the degree of fault and responsibility of both parties in this case is clear, but the public security organ has made a heavier than the fault of the party hu Ying.Because of this, Hu Mou Ying is completely disobedient to the first trial results, and filed an appeal.Finally, the court of second instance adopted Hu mou Ying’s appeal opinion, found that the Haidian District public Security bureau identified the facts wrong, cancelled the first instance judgment, cancelled the punishment decision.Hu Mou Ying insisted on using the law to safeguard their rights and interests, the wrong administrative detention of public security organs, also need to compensate for Hu Mou Ying according to the “State compensation Law”.What do you think of this case?