男子被打10个耳光不还手!还手算互殴?新规说清了
Xin Lang Cai Jing·2026-01-01 10:32

Core Viewpoint - The newly revised Public Security Administration Punishment Law, effective from January 1, 2026, clarifies the boundaries of legitimate self-defense, addressing previous ambiguities in law enforcement regarding self-defense and mutual fighting [5][16]. Group 1: Key Changes in the Law - Article 19 of the new law explicitly states that actions taken to stop unlawful infringement are not illegal, marking a significant shift in legal interpretation [5][16]. - The revision aims to align with the Criminal Law amendments, ensuring consistency in the self-defense system between the two legal frameworks [6]. - The law introduces clear criteria for legitimate self-defense, which includes time, object, and degree requirements [7][16]. Group 2: Clarification of Self-Defense - Legitimate self-defense must occur during an ongoing unlawful act, targeting only the aggressor, and should not exceed necessary limits [7]. - The concept of "excessive defense" is defined as actions that significantly surpass necessary limits, with assessments based on the nature and intensity of the unlawful act and the context of the defense [8]. Group 3: Practical Implications - The law provides examples, such as a restaurant owner using a beer bottle to defend against an attacking drunk customer, which would now be classified as legitimate self-defense under the new law [11]. - The law allows for reduced penalties for excessive defense, recognizing the circumstances that led to the defensive action [15]. - The revision aims to empower victims to defend themselves without fear of being penalized for retaliating against aggressors, thus promoting a sense of justice and order in society [16][17].