法不强人所难

Search documents
被打后还手是不是互殴?“小案”也适用正当防卫
Nan Fang Du Shi Bao· 2025-05-22 16:30
Core Viewpoint - The case of a restaurant owner in Zibo, Shandong, who was involved in a mutual fight with a drunken customer, highlights the complexities of self-defense laws in China, emphasizing the need for a clearer understanding and application of the principle that "the law should not yield to unlawful acts" [1][2]. Group 1: Legal Principles - The principle of "the law should not yield to unlawful acts" is well-known but often faces challenges in specific cases, leading to prolonged judicial processes [1]. - The concept of self-defense should apply universally, regardless of the severity of the incident, and individuals should not be expected to rationally assess the appropriate level of response during an unlawful attack [2][3]. Group 2: Judicial Practice - There is an urgent need to activate self-defense provisions in both criminal and administrative law, particularly in common public disturbances that may not involve severe criminal implications [3]. - The handling of minor cases requires enhanced professional competence among law enforcement to avoid simplistic resolutions like "both sides are at fault," ensuring that self-defense claims are properly recognized from the outset [3].