Topic: Justifiable Defense in Neighborhood Disputes: A Test of Legal Justice
A neighborhood dispute occurred in Liaoning Province, involving the issue of legitimate defense, which aroused widespread concern in society. 60-year-old Uncle Wang came to his neighbor Mr. Du to theorize, and after being refused, he became emotional and kicked the door to provoke, which led to a conflict with Mr. Du, and both parties were dealt with by the public security.
This incident occurred on the evening of May 8 last year, when Uncle Wang came to Mr. Du's door angrily to resolve the conflict between the two families. Mr. Du didn't want to pay attention to it and closed the door, so Uncle Wang began to kick the door and insult him, trying to force Mr. Du out.
Mr. Du was forced to be in a hurry, so he had to open the door, and a fight broke out after coming and going, and the result was not light on both sides. After being taken to the hospital, Mr. Du felt aggrieved and felt that he was only trying to defend himself, but he was detained.
The police preliminarily determined that the two sides had beaten each other and punished each other in accordance with relevant laws. Uncle Wang was sentenced to 10 days of detention and a fine of 500 yuan for provoking a dispute, while Mr. Du was sentenced to a harsher 12-day detention and a fine of 600 yuan on suspicion of assaulting an elderly man.
Unconvinced, Mr. Du believed that he was only defending himself, so he filed a lawsuit. He insisted that he was only defending himself, but the court upheld the sentence. Several of his defenses also failed to change the court's judgment, such as the police did not evaluate the injuries and Uncle Wang provoked first.
The Court held that although Mr. Du claimed to have acted in self-defence, his conduct during the conflict went beyond the scope of legitimate defence. Dissatisfied, Mr. Du appealed, but the original verdict was upheld.
This case has sparked heated discussions in the community, on the one hand, supporting Mr. Du, believing that he is only trying to protect himself, and on the other hand, he believes that even in the face of provocation, he should remain calm and should not take action.
Behind the incident, we see the contest between legal justice and human nature. When dealing with neighborhood disputes, it is important to be calm and rational. Everyone is equal before the law, and more attention and protection should be given to special groups.
This case makes us think about how to protect the rights and interests of individuals while maintaining public order and legal dignity in society, which is a problem that we need to face and solve together.