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正当防卫还是防卫过当?如果是你遇到宝马男...

LR君 LearnAndRecord 2022-07-26

近日,一个#宝马男砍人反被杀#的视频在网上热传。一名开宝马车的男子与另一骑电动车男子在路口发生争执后,“宝马男”从车中拿出一把长刀砍向骑车男子,没想到刀掉...随后被骑车男子迅速捡起反击,最终“宝马男”被杀害...


对于这起事件该男子是正当防卫(self-defense)、防卫过当(excessive defense)、还是故意伤害(intentional injury)致死,引发了广大网友的热议。


事件回顾


A road rage incident occurring in Kunshan, Jiangsu province, has become a trending topic on Chinese social media this week, when the driver of a BMW, surname Liu, pulled a knife to attack a man, surname Yu, riding a bike. Unexpectedly, it was the BMW driver who turned out to be a victim of his own violence. Is this a case of “self-defense” or “intentional injury”?  (@whatsonweibo.com)


road rage incident


rage用作名词,意思是“愤怒;狂暴,肆虐”,road rage通常指路上的驾驶者对其他驾驶者所表现出的暴力和愤怒行为,“路怒症”;此处road rage incident可译为“路怒事件”。


trending topic


trend意思是“趋势,走向,时尚”,此处trending topic表示“热门话题,流行话题”,例如,Youtube首页上的Trending对应的中文就处理为“时下流行”。



· become a trending topic 成为热门话题

· trigger self-defense debate 引发对正当防卫的热议

· lead to heated discussion online 在网上引发热议


强调句


It is/was + 强调部分 + that/who + ...

Unexpectedly, it was [the BMW driver] who turned out to be a victim of his own violence.

没想到的是,此处强调“宝马男”,最终被反杀了,成为受害者。



In Kunshan, east China's Jiangsu province, a scooter driver chose to argue with a driver of a car after an accident took place on August 27. The scooter was almost cornered into the pedestrian lane by a white BMW sedan.


scooter


scooter一词可以指“(低座)小摩托车”,也可以用来表示儿童的“滑板车,踏板车”,在今年6月份经济学人的一篇文章中专门讲述了“电动滑板车”的兴起,成为上班族的代步工具。其中,电动滑板车就用的“e-scooter”和“electric kick-scooters”表达。



sedan


sedan意思是“大轿车,厢式轿车”,英文解释为“a car that has four doors, seats for at least four people, and a boot.”



After the argument got heated, the scooter driver was chased and slightly injured by the driver of the car, who grabbed a knife out of his car and slashed the man. At some point, he dropped the knife. That is when things changed. The injured man picked up the knife first and killed the driver of the car with the very knife he first used to attack him.


slash


slash主要有两个意思:

1)“(用刀、剑等)猛削,劈,砍”,英文解释为to cut or try to cut something violently with a knife, sword etc. 如:割腕自杀,slash your wrists

2)用来表示价格或者数量等的“大幅度削减”,英文解释为to greatly reduce an amount, price etc – used especially in newspapers and advertising. 如:

The price has been slashed by 25%.

价格已削减了25%。


very


特朗普总统very, very爱用的一个词,这里the very knife的very用作形容词,用以加强语气,可以译为“同一的,正是的,恰好的”来强调那把刀。如:

Those were his very words.

那就是他的原话。



The video immediately led to heated discussion online as to whether the “perpetrator” – the scooter driver – can rely on a self-defense claim. China's Criminal Law stipulates that one cannot be held criminally responsible for defensive actions that cause harm to illegal perpetrators who are conducting seriously violent crimes threatening people's lives, such as murder, rape, and abduction.


stipulate


stipulate (that)表示(协议、法律、规则等)的“规定,约定”,英文解释为“ if an agreement, law, or rule stipulates something, it must be done”


· Criminal Law 刑法

· illegal perpetrators 不法侵害人

· defensive actions 防卫行为

· cannot be held criminally responsible (for) 不负刑事责任


我国刑法规定,对正在进行行凶、杀人、抢劫、强奸、绑架以及其他严重危及人身安全的暴力犯罪,采取防卫行为,造成不法侵害人伤亡的,不属于防卫过当,不负刑事责任。


According to an online survey by Southern Metropolis Daily, some 90% of the 28,061 surveyed netizens think that the scooter driver properly defended himself, arguing that his life was already in danger. But others also pointed out that the scooter driver should not have chased the car driver and then stabbed him to death.


stab


stab意思也是〔用刀〕刺,戳,捅”,英文解释为to push a knife into someone or something. 此外,也可以指“(用手指或手中尖物) 戳; 捅; 按”,英文解释为If you stab something or stab at it, you push at it with your finger or with something pointed that you are holding.


短语:“背后捅人一刀,背后中伤某人,背叛某人” stab sb in the back



Later, the knife fell from the BMW driver's hand and Yu grabbed it. Yu stabbed him 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.


背景补充


这里比较有争议的是,“宝马男”是位纹身社会哥,骑车男子捡起刀反击后,宝马男开始逃窜时,骑车男子仍进行追赶,又砍了几刀...


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.



How would you react if your scooter was forced into the pedestrian lane by a car, whose tattooed driver also threatens you with a knife? Will you run away or fight?


来源:What's on Weibo、

People's Daily、China daily


如果是你,你又会怎么做呢?

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