更新时间:2024-09-07
“鲁提辖拳打镇关西”是正当防卫吗?
庞然(文)    作者信息&出版信息
Law-Related Education for Juveniles   ·   2024年9月7日   ·   2023年 第3期  
0 0(CNKI)
PDF
该文暂无导航

AI 摘要

Analyzed the conflict between Lu Zhishen and Zhen Guanxi in "Water Margin" and explored whether his behavior conforms to the modern legal definition of justifiable defense. By comparing the differences between ancient chivalrous behavior and modern legal norms, this paper points out the legal issues that Lu Zhishen's behavior may face in the contemporary legal system. At the same time, the article also discusses the legal requirements of justifiable defense and how to correctly exercise the right of defense in similar situations.

1、 The origin and development of "Lu Tixia punching the town of Guanxi"

A detailed account was given of the Northern Song Dynasty when Lu Tixia, Shi Jin, and Li Zhong met Jin's father and daughter in a tavern in Weizhou and learned that they were in trouble due to Zheng Tu's bullying. After helping the Jin family raise funds to return home, Lu Tixia went to Zhengtu Meat Shop to demand an explanation. Eventually, he fought back when Zhengtu attacked with a knife, resulting in his death. As a result, Lu Tixia was forced to flee and eventually joined Liangshan.

2、 Legal recognition of justifiable defense

Article 20 of the Criminal Law specifies the legal recognition of justifiable defense, including the conditions for general justifiable defense and special defense. Generally, legitimate defense must meet five conditions: actual illegal infringement, ongoing infringement, self-defense against the infringer, for the purpose of stopping infringement, and not exceeding necessary limits. Special defense against serious violent crimes does not require any necessary limitations, and other conditions are the same as general defense.

3、 Legal Evaluation of Luti's Conduct

Analyzed the legal nature of the conflict between Lu Tixia and Zheng Tu in "Water Margin". Although Lu Tixia's actions were initially for leisure, Zheng Tu's aggressive behavior posed a serious threat to Lu Tixia's life and safety, providing him with a prerequisite for legitimate defense. Zheng Tu's attack constitutes a serious act of violence, and Lu Tixia can exercise special defense rights without necessary limitations. However, when Zheng Tu lost his ability to continue infringing, Lu Tixia continued to attack and caused Zheng Tu's death, which exceeded the scope of legitimate defense and was suspected of intentional injury. The chapter emphasizes that modern rule of law society does not tolerate private remedies, and citizens should protect their rights through legal means.

* 以上内容由AI自动生成,内容仅供参考。对于因使用本网站以上内容产生的相关后果,本网站不承担任何商业和法律责任。

展开

当前期刊

当前期刊
    目录