#男生打伤戏弄女同学的醉汉被拘#
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Recently, the incident of a male student at the University of Jinan preventing a drunk man from molesting a female classmate and being detained has caused a stir on the Internet, and there has been a lot of discussion about whether the boy is "justified defense" or "excessive defense".
事件背景：男生反制醉汉遭刑拘
On the evening of March 31, Jinan Institute of Electronic and Mechanical Engineering, 3 drunk men broke into the campus to hang out, and after seeing a female student, they stepped forward to verbally flirt, and when the girl felt helpless, 3 male classmates stepped forward to stop the drunk man's behavior and successfully let the girl go.
3 male classmates and 3 drunk men had some verbal altercations, and then 3 drunk men held a grudge and prepared to retaliate against male classmates, one of the drunk men stepped forward to insult and choked the male classmate Xiao Chao's neck with his hand, Xiao Chao hit the man's head with his fist and successfully broke free from control, but this punch also caused the drunk man to fall to the ground.
After that, the police were reported to the police, and the police arrived at the scene and judged that the two sides had beaten each other, and since no obvious injuries were caused, the two sides reached a settlement agreement through the mediation of the police and dispersed.
男同学涉故意伤害被刑拘
On April 1, Xiaochao was taken away by the police for intentional injury, and the police also issued a "Notice of Detention" to his family, which turned out to be the family of the drunk man who reported to the police last night, and the drunk man was diagnosed with brain herniation, and the situation was very serious.
However, Xiaochao's family believes that Xiaochao is to prevent a drunk man from molesting a girl in retaliation and was choked before fighting back, it should be legitimate defense, and the family exposed the child's experience to the Internet, which aroused the attention and heated discussions of many netizens, and most netizens also think that this should be a legitimate defense, how could the police detain the boy who "acted bravely"? At this time, there was an unbelievable voice on the Internet.
济南警方评论被网友霸屏
面对如此“不公”的局面，正义的网友纷纷跑到济南警方官方账号中刷屏，许多网友对于被醉酒的人掐住脖子应该怎么做存在不小的疑问，还有当晚处理的时候为什么会被判定为互殴！
After the incident fermented, some media contacted the local police who handled the case, and the police responded that the case was being handled and it was inconvenient to disclose the handling situation to the public.
分析警方的刑拘是否合理？
The drunk man was beaten into a brain herniation, which is a relatively critical disease, which is likely to be life-threatening or may become a vegetative person, and it is reported that the drunk man has undergone craniotomy and transferred to a general ward.
Since the police judged that they were beating each other when dealing with it that night, then now the drunk man was beaten into a brain herniation, and he must be held legally responsible; if it was judged that Xiaochao was justified in self-defense at that time, there would be no follow-up.
The key point now is whether the police at that time judged whether the mutual assault was accurate?
Let's first analyze the difference between mutual assault and legitimate defense: mutual assault is subjectively based on the purpose of harming the other party, and legitimate defense is the act of stopping unlawful infringement.
Since it was the drunk man who made the first move and choked Xiao Chao's neck at that time, Xiao Chao's action to stop the illegal infringement should be justified defense, because Xiao Chao subjectively did not want to hurt the other party.
To sum up, the author believes that Xiaochao is a legitimate defense, and if he causes damage to the illegal infringer, he does not bear criminal responsibility, although the drunk man is seriously ill, but this is not Xiaochao's original intention.
说在最后的话
It can be seen from the nearly 200,000 messages in the comment area of the Jinan police that netizens also have a great incomprehension of this matter, and I personally think that it should be based on facts, and it cannot be based on which side has the greatest damage.
让我们静待后续吧，相信警方会做出一个正确的判断的。 对此，你有什么看法呢？