China ： Fighting Back or Breaking the Law?

\x26quot;Would you still fight back if attacked again?

"Would you still fight back if attacked again?" This is the question Zhang frequently hears as she continues running her restaurant. Zhang's story has recently garnered widespread attention on the internet - a four-year legal battle that began as a case of "mutual assault" and ended with a judicial recognition of legitimate self-defense.

Her persistence reflects a change in Chinese law. Next month, during ongoing deliberations on the draft revision to the Law on Penalties for Administration of Public Security, new provisions on legitimate self-defense will be introduced. Legal experts say these additions will ensure that the concept of self-defense is clearly defined not only in criminal and civil law, but now also in administrative law - giving citizens stronger legal protection when they act in defense, China Central Television reported on Sunday.

Between 2020 to 2024, Zhang balanced an extended legal battle with the daily pressures of running her restaurant. Though she eventually won, only she knows how difficult the journey truly was.

According to a CCTV report, the conflict began when Zhang tried to stop a drunk customer from using the edge of a table to open a bottle. Surveillance footage shows the customer, surnamed Liu, initiated the violence by punching Zhang three times and knocking her to the ground. In response, Zhang grabbed a beer bottle and struck back.

When police arrived, they reviewed the footage and questioned those involved. Liu was found to have initiated the incident and received six days of administrative detention for provoking trouble. Zhang, however, was given five days of detention and fined 200 yuan (approximately $27.76) for injuring Liu with the beer bottle. His injuries were later classified as minor.

Zhang believed the matter was resolved after paying the fine. However shortly afterward, Liu approached her again, demanding 40,000 yuan in compensation, citing the injury documented in the original penalty decision.

In May 2021, Zhang filed an administrative lawsuit. However, the court rejected her claim. She appealed, but the court upheld the original ruling, stating that although her act of hitting Liu was in response to being attacked, it still carried a degree of social harm, and the penalty imposed by the police was appropriate.

After two court losses, Zhang did not give up. On her lawyer's advice, she filed a request for supervisory review with the procuratorate. This time, prosecutors meticulously reviewed the one-minute altercation and concluded that Zhang had acted in legitimate self-defense. The procuratorate formally challenged the original ruling.

While self-defense is well-recognized in criminal law through high-profile cases, Zhang's case stood out because it was an administrative one, where such recognition is far less common. The prosecutors argued that Liu repeatedly shoved and choked Zhang, with a clear disparity in strength between the two. Her reaction, using a nearby object under immediate threat, was a justified defensive action and should not have been punished.

Yang Gang, director of the Fifth Prosecutorial Department of the Zibo People's Procuratorate, said in a CCTV interview that "When we view this case from the perspective of the average person - if I were in Zhang's position, what could I have done? A man enters my restaurant, causes trouble, and attacks me. Am I expected to just stand there until the police arrive? That defies the values of modern rule of law."

After receiving the formal protest from the Shandong Provincial Procuratorate, the Shandong High People's Court formed a new judicial panel and retried the case in January 2024. This time, the court overturned the previous rulings and the administrative penalty, stating that "in some cases, law enforcement adopts a 'split the difference' approach and penalizes both sides, which blurs the lines between right and wrong and damages public confidence in the justice system."

"Is it wrong to fight back when attacked?" The final judgment offered the answer.

Public attention has also shifted to the pending draft amendment to the Law on Penalties for Administration of Public Security, which includes newly added detailed provisions on self-defense. 

Guo Zhilong, a professor at China University of Political Science and Law, noted that the added provisions mark a fundamental change in thinking. "Self-defense is a natural and statutory right of citizens. Including self-defense in the amended law brings it into criminal, civil and administrative legal systems, providing solid protection for citizens."

A relatively minor case has prompted a meaningful legal reform. Yet despite this progress, determining what qualifies as legitimate self-defense remains a complex task. The next challenge lies in ensuring that the law is applied precisely and fairly - so that justice and legitimacy are truly upheld, according to CCTV.

Global Times

Source:https://www.globaltimes.cn/page/202505/1334840.shtml