壹快评丨“防卫条款”凸显“法不能向不法让步”理念

Core Viewpoint - The revised Public Security Administration Punishment Law, effective from January 1 next year, emphasizes the legitimacy of self-defense, introducing a new Article 19 that clarifies the conditions under which individuals can take defensive actions against unlawful infringements without facing penalties [1][2]. Summary by Sections Article 19 Introduction - The new Article 19 states that actions taken to prevent ongoing unlawful infringements that result in damage are not considered violations of public security management and thus are not punishable. However, if the defensive actions exceed necessary limits and cause significant damage, penalties may apply but should be mitigated [1][3]. Legal Continuity and Philosophy - The addition of Article 19 is seen as a continuation and unification of legal provisions regarding self-defense, reflecting the principle that "the law cannot yield to unlawful acts." This principle asserts that every individual has the right to defend their rights against infringement [2][4]. Social Implications - The revision has garnered attention due to past cases where victims faced penalties for defending themselves, leading to a culture of fear in exercising self-defense. The new law aims to provide a solid legal foundation for citizens to protect their rights within reasonable limits, thereby enhancing social justice awareness [2][3]. Conditions for Self-Defense - Article 19 includes conditions that encourage self-defense while also cautioning against excessive responses. It specifies that if the aggressor has ceased their actions, continued retaliation by the victim would be inappropriate, emphasizing the need for proportionality in self-defense [3][4]. Legislative Purpose - The overarching legislative purpose of the Public Security Administration Punishment Law is to protect the legitimate rights and interests of citizens, organizations, and other entities. The revised Article 19 provides legal grounds for citizens to assert their rights in the face of unlawful actions [4].