Paragraph 3 of Article 20 of China's Criminal Law stipulates that taking defensive actions against violent crimes such as assault, murder, robbery, rape and kidnapping that seriously endanger personal safety, resulting in casualties of illegal infringers, is not excessive defense and does not bear criminal responsibility.
It is a type of crime, belonging to the type of crime that can be defended indefinitely. It is also a description of the basic characteristics of a crime. Murder is an act of killing and wounding, but it is not simply equal to the crime of killing and wounding, or the combination of the two crimes. It is a reminder of the behavior of killing and wounding, that is, as long as it contains crimes of killing and wounding, crimes that directly endanger others' lives and health, such as explosions, belong to the category of killing.
Extended data:
According to the overall structure of Article 20, paragraph 3 of the Criminal Law, there is a logical relationship between "injury crime" and other four types of violent crimes, from which two conclusions can be drawn:
First, four types of criminal acts, such as "injury crime", are * * * in structure and content. There is no doubt that there are * * * characteristics between individuals in the juxtaposition relationship, but how to grasp their * * * characteristics should be considered in combination with the provisions of "other violent crimes that seriously endanger personal safety" after five types of violent crimes. "Other serious threats to personal safety" as a general rule, on the one hand, comprehensively supplements countless violent crimes through the word "other", on the other hand, reveals and summarizes the * * * nature of the first five types of crimes, that is, violent crimes that seriously threaten the personal safety of others.
Second, "murder" and four other criminal acts are not included, and there is no cross relationship. The word "murder" is close to "doing evil" in daily understanding, and many serious violent violations can be summarized by "killing". In the case that the word "attack" can include the latter type of violent crime, it is in a parallel position in law. In order to maintain the integrity and order of the internal logical structure of criminal law provisions, it is necessary to limit the interpretation of the word "injury crime".
References:
Baidu encyclopedia-criminal law