Xiao Ming was beaten by Lao Liu, who suddenly broke into his home, and in a hurry, he picked up the water bottle at hand and fought back, but he didn't expect that it was a corrosive liquid, causing Lao Liu to be burned. The procuratorate determined that Xiao Ming was justified in self-defense and was not pursued for criminal responsibility, and Lao Liu, who was burned, demanded damages. Does Xiao Ming need to bear civil liability?
- No, you don't.
Article 181 of the Civil Code: Where damage is caused by legitimate defense, civil liability shall not be borne. Where legitimate defense exceeds the necessary limits and causes undue harm, the person in legitimate defense shall bear appropriate civil liability.
The legal consequence of justifiable defence is to exempt the defender from civil liability for damages caused to him. In addition to the criminal liability that may be borne under the criminal law, the wrongdoer shall also bear civil liability for the major personal or property losses of the wrongdoer. In this case, Xiao Ming subjectively did not have intention or negligence, and his defensive behavior did not exceed the necessary limit to stop the unlawful infringement, which did not constitute excessive defense, and he did not need to bear civil liability.
The Civil Code - an encyclopedia of social life
Broadcast Production: Guo Lan
Article source: Original Jilin News Comprehensive Broadcasting
Editors: Guo Lan, Zixin
Review: Hao Zili
Producer: Zhao Min, Zhong Xiao
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