Three-year-olds know that spitting on people is an uncivilized act of disrespecting people and a very unhygienic practice. But in Guangzhou, when a student who was preparing to work part-time walked down the street in a dignified manner, he was inexplicably spat on by an arbor, and the two sides also got into trouble with the court, and finally the court would decide this matter?
One day in December 2019, on a street in Guangzhou's Liwan District, a 60-year-old uncle Tang Mou was riding on a road when he suddenly spat to the side, and this spit spat on the body of Huang Mou, a student riding in the same direction next to him. Huang Mou, who was studying at a vocational school, was preparing to go to his part-time location to work, and after the spit of Tang Mou, who was riding next to him, splashed on his body, Huang got out of the car, pointed to the place where he was vomited, and asked for an apology to himself.
The saliva that he spit on others splashed on others, there was a mistake first, apologizing to the other party was supposed to be, and Tang Mou did not think much of Huang Mou's request when facing the young man. At that time, there was a lot of traffic, and it also caused some people to watch under the obstruction of the other party, and Tang felt that he could not get over his face and refused to apologize to Huang.
Huang was inexplicably spat on, and saw that the other party did not want to apologize for the attitude of resolute, Huang was more angry, once again asked the other party to apologize to him, and then also smeared the spit on his body to Tang's body, so the conflict occurred between the two.
After Huang smeared his saliva on Tang,000,Tang began to scold Huang, and Huang also theorized with each other, and in the process of arguing, the two sides began to spit at each other. In the process of spitting at each other, Huang flexibly dodged some of the other's saliva, in this contest, Uncle Tang felt that he had suffered a loss, and after getting angry, he raised his fist to hit Huang's face.
As the saying goes, "hit someone without hitting the face", in the dispute between the two, Tang Mou, who took the lead in beating people, punched Huang Mou's face with the first punch, which also angered Huang Mou, so the dispute between the two evolved from a war of words to a physical conflict. After the conflict, both of them were injured in the process of pushing and pulling each other, Xiao Huang's face was scratched, and Uncle Tang's face was also hit several times. During the fight between the two sides, the masses on the road immediately pulled the two apart and reported the case.
After arriving at the scene, the police took the two away for investigation and contacted relatives and friends of both sides, and the traffic order on the road was restored. In the process of investigating the two people, Uncle Tang kept shouting that his left leg hurt badly, so the police asked Tang's family to take him to the hospital for treatment.
After identification, Tang Mou was injured in the face during the conflict, and at the same time, his left femur crushing fracture was a minor injury of the first degree, and he was sent to the hospital for treatment. Huang's face was also injured, and the skin of his left hand was damaged, which was identified as a minor injury, and the wound also needed to be treated.
After this, Tang and his family believed that in the process of the conflict, Huang beat Tang, who was more than sixty years old, into a fracture, and his behavior was intentional, requiring him to bear legal responsibility, and claiming various economic losses such as medical expenses and mental losses. And Huang will naturally not agree to the other party's request, he believes that Tang Mou's spitting is wrong first, and it is also Tang Mou who first hit him with his fist, and his behavior is legitimate defense and should not be held responsible.
For the statements and demands of the two, the court also gave the results of the handling after the trial.
In the process of the conflict between the two, the cause is that Tang spit on Huang's body, Huang felt insulted and asked the other party to apologize, and Tang refused to apologize, so a dispute was triggered between the two. In the process of the two fighting, Tang bit Huang's left hand and grabbed the other party, these behaviors prevented Huang from leaving, in order to break free of the other party's control, Huang pushed Tang and pushed him to the ground, eventually causing Tang to fracture.
Article 995 of the Civil Code stipulates that where personality rights are infringed, the victim has the right to request the perpetrator to bear civil liability in accordance with the provisions of this Law and other laws. The statute of limitations does not apply to the victim's right to stop the infringement, remove the obstruction, eliminate the danger, eliminate the impact, restore the reputation, and apologize.
Personality rights are a right enjoyed by everyone, it includes the entire content of everyone's personal independence, personal freedom and personal dignity, and when insulted, it is possible to ask the infringer to apologize. Therefore, when Huang was spat on by Tang, it was no problem for him to ask Tang to apologize.
Article 20 of the Criminal Law stipulates that an act taken to stop an unlawful infringement in order to protect the State, the public interest, the person, property and other rights of oneself or others from ongoing unlawful infringement is a legitimate defence and shall not bear criminal responsibility if it causes harm to the wrongdoer.
Article 181 of the Civil Code also stipulates that a person who causes damage due to legitimate defense shall not bear civil liability.
Before the two were found to have a conflict, the first person to commit the violation was Uncle Tang, who not only spat on Xiao Huang, but also did not apologize for his behavior, and then first started to beat Huang. When Huang was threatened with violence, he counterattacked out of resistance, and in the case of the other party biting himself, in order to get rid of the control and injury of the other party, he pushed Tang to cause his femur fracture.
From the process, it can be determined that Huang's act of pushing away and biting his own Tang is the main reason for Tang's injury. At the same time, in the process of being continuously injured by the other party, Huang pushed Tang away in order to protect himself from the ongoing infringement. Subjectively, Huang did not have the intention to hurt the other party, objectively, after Tang fell to the ground, Huang did not carry out harmful acts against Tang, and in this process, Huang's behavior had a defensive nature.
In the whole incident, in addition to the fracture of the femur, Tang was only left with facial contusions, so after the court trial, it was held that Huang's behavior was legitimate defense and did not bear criminal and civil liability.
In the event of disputes and contradictions, when the two parties cannot calm down and negotiate, they can call the police to deal with the disputes between the two sides at the first time. And this was originally just a dispute caused by salivation, as long as Tang admitted a mistake, there would be no next thing.