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A controversial knife attack in East China’s Jiangsu province was ruled
justifiable defense for the suspect who stabbed a man to death following a
traffic spat on Monday.
本周一在中国江苏省，一男子在交通争执后拿刀杀人被反杀，这一起有争议的持刀杀人案被裁定为正当防卫。
A notice by Kunshan’s people’s procuratorate says Yu Haiming was exempted
from criminal responsibility on Saturday.
周六，昆山人民检察院一通知表示，于海明免予刑事责任。
The attack left one person dead and another injured and generated heated
discussion among both general public and lawyers, Beijing News reported.
据“新京报”报道，这次袭击造成一人死亡，另一人受伤，引起公众和律师的激烈讨论。
As per a surveillance video, at 9:37 pm Monday, the traffic light was red
for vehicles going straight at the crossroad of Zhenchuan road and Shunfan road.
A black BMW sedan abruptly turned right, attempting to enter the non-motorized
vehicle lane and appeared to have collided with a bike.
根据一段监控录像，周一晚上9点37分，在镇川路和顺范路的十字路口，直行的车辆被红灯点亮。一辆黑色宝马轿车突然右转，试图进入非机动车辆车道，似乎与一辆自行车相撞。
A man, surname Liu, stepped out of the car and pushed over and kicked the
bike rider, surname Yu, at 9:38 pm. Forty-seven seconds later, Liu got a knife
from the car and wielded it at Yu and Yu dodged.
晚上9点38分，一名姓刘的男子从车里走出来，推过去踢了骑自行车的姓于男子。47秒后，刘从车里拿出一把小刀，用刀子挥向于，于则躲开了。
Later, the knife fell from Liu’s hand and Yu grabbed it. Yu stabbed Liu in
the belly twice and Liu fell to the ground. As Liu tried to get up, Yu slashed
Liu three times more. Liu ran toward his car and Yu attacked Liu twice
again.
后来，刀从刘的手上掉了下来，于抓住了它。于向刘姓男子腹部刺了两次，刘倒在地上。当刘试图站起来的时候，他又砍了刘三次。刘跑向他的车后，于又攻击了刘两次。
A witness said Yu went back to the car, looking shocked and nervous. Yu
didn’t let go of the knife until police arrived, the witness said.
一名目击者说，于回到车上，看起来既震惊又紧张。目击者说，直到警察赶到，于某才松开刀。
Kunshan police announced on Tuesday that the two were sent to hospital.
Liu, 36, died while Yu, 41, had no life-threatening injuries. Yu is under police
detention.
昆山警方周二宣布，两人已被送往医院。刘某，36岁，死亡，于某，41岁，没有生命危险。于某已被警方拘留。
Whether Yu’s act was justifiable defense or unjustifiable self-defense and
whether he should bear criminal responsibility has caused heated discussion
among lawyers and netizens.
于某的行为是正当防卫还是不正当防卫，是否应该承担刑事责任，引起了律师和网民的热议。
Ruan Qilin, professor of criminal jurisprudence with China University of
Political Science and Law, considered Yu’s act as justifiable defense.
中国政法大学刑法学教授阮琦林(音译)认为于某的行为是正当防卫。
First, the dispute between Liu and Yu was not civil dispute because Liu
kicked and wielded knife at Yu rather than apologizing after forcing the car
into non-motorized vehicle lane, which violated the traffic law, said Ruan.
Second, Yu looked scared after Liu grabbed the knife. Considering Liu was
aggressive, Yu couldn’t exclude the possibility of Liu continuing to look for
other tools to fight back.
阮说，首先，刘某和于某之间的纠纷不是民事纠纷，因为刘某没有向于某道歉，而是在强行将车开进非机动车道后，用刀向于某拳打脚踢，违反了交通法规。第二，刘某拿起刀后，于看起来很害怕。考虑到刘的攻击性，不能排除刘继续寻找其他方式对于某进行攻击的可能性。
Ye Zhusheng, lawyer and lecturer with School of Law at South China
University of Technology, echoed Ruan’s view. The situation after Yu grabbed the
knife should be considered as dangerous, so Yu has the legitimate right to
defense.
华南理工大学法学院的律师兼讲师叶祝生赞同阮玲玉的观点。于某抓刀后的情况应该被认为是危险的，所以于某有合法的的防卫权。
One detail is that rather than stopping his behavior, Liu fought for the
knife after the knife fell from his hand. Another detail is that after Liu fell
to the ground due to Yu’s stabbing, Liu ran to the car rather than other
directions. Considering he fetched a knife from the car previously, Yu had
reasonable ground to believe that Liu may be going to fetch other tools from the
car to continue the fight, said Ye.
其中一个细节是，刘在刀落下后并没有停止自己的行为，而是在那把刀从他手中掉下来后，他试图把刀夺走。另一个细节是，刘某在被于某刺伤后摔倒在地，刘某跑向汽车而不是其他方向。叶说，考虑到之前他从车上取了一把刀，于有理由判断刘可能会从车上取其他工具继续战斗。 |
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发表于 2018-9-8 17:33:11