被打10个耳光不还手，还手算互殴？新规说清了

Core Viewpoint - The newly revised Public Security Administration Punishment Law, effective from January 1, 2026, introduces a clear legal framework for self-defense, marking a significant shift in how self-defense cases are handled in China [1][5]. Summary by Sections Legal Framework - The new law explicitly states that actions taken to stop unlawful infringement are not considered illegal, thus clarifying the boundaries of self-defense [5]. - This revision aims to align with the relevant provisions of the Criminal Law, ensuring consistency between the two legal frameworks regarding self-defense [5]. Distinction Between Self-Defense and Mutual Assault - Self-defense must meet three criteria: it must occur in response to an ongoing unlawful act, target only the aggressor, and not exceed necessary limits [5]. - Mutual assault involves both parties having provoked the situation and thus both share responsibility [5]. Definition of Excessive Defense - Excessive defense occurs when the response to unlawful infringement significantly exceeds necessary limits, causing substantial harm [5]. - The assessment of excessive defense considers various factors, including the nature of the unlawful act, the response's timing and method, and the power dynamics between the parties involved [5]. Implications for Legal Cases - The new law provides a clearer legal basis for cases previously deemed mutual assaults, such as the case of a restaurant owner who defended herself against an intoxicated customer [5]. - The law allows for the possibility of reduced penalties for excessive defense, recognizing the context of the situation while maintaining legal accountability [7]. Defense and Harm - The objective of self-defense is to stop unlawful acts, and it is acknowledged that this may result in harm, which does not negate the nature of self-defense [7]. - The concept of "unlimited defense" from criminal law does not apply to the Public Security Administration Punishment Law, which governs less severe violations [7]. Post-Defense Actions - Continuing to attack after the unlawful act has ceased may be classified as excessive defense, leading to potential legal consequences [7].