正当防卫权

Search documents
壹快评丨“防卫条款”凸显“法不能向不法让步”理念
Di Yi Cai Jing· 2025-06-29 04:10
Core Points - The revised Public Security Administration Punishment Law clarifies citizens' rights to take defensive measures against unlawful acts, providing a solid legal backing for self-defense actions and encouraging citizens to protect their rights within reasonable limits [1][2] - The new law, effective from January 1 next year, introduces Article 19, which states that actions taken to prevent ongoing unlawful harm that result in damage will not be considered violations of public security management and will not incur penalties [1][3] - The law emphasizes the principle that "the law cannot yield to unlawful acts," reflecting a commitment to uphold justice and protect citizens' rights [2][3] Summary by Sections Legal Framework - The addition of Article 19 in the revised law is a continuation and unification of existing legal provisions regarding self-defense, aligning with the Criminal Law's Article 20, which also recognizes legitimate self-defense actions [1][2] - The law aims to protect the legitimate rights and interests of citizens, legal persons, and other organizations, providing a legal basis for citizens to assert their rights [3] Social Implications - The revised law addresses past issues where victims of unlawful acts hesitated to defend themselves due to fears of being penalized for mutual fighting, thus reinforcing the right to self-defense [2] - The law encourages citizens to bravely uphold their rights while also reminding them to exercise moderation in their defensive actions, as excessive responses may still lead to penalties [3]