China Justice Observer

中司观察

EnglishArabicChinese (Simplified)DutchFrenchGermanHindiItalianJapaneseKoreanPortugueseRussianSpanishSwedishHebrewIndonesianVietnameseThaiTurkishMalay

China Broadens Criteria for Self-Defense

Mon, 08 May 2023
Categories: China Legal Trends

If the victim’s self-defense causes injury to the perpetrator, the victim may be deemed to have committed a criminal act of intentional injury. For years, this traditional practice of the Chinese judiciary discouraged people from fighting against aggression.

This traditional judicial practice is to be changed by the “Guiding Opinions on Lawfully and Properly Handling Minor Injury Cases” (关于依法妥善办理轻伤害案件的指导意见, hereinafter the “Opinions”), issued by China’s Supreme People’s Procuratorate (SPP) and the Ministry of Public Security (MPS) on 22 Dec. 2022.2

According to the Opinions, the victim’s behavior will constitute self-defense if:

  • both parties cannot keep restraint when arguing over trifles, which leads to fighting;
  • the party at fault initiates the fight with obviously excessive measures, or one party strikes first and continues the violation despite the other party’s efforts to avoid conflicts; and
  • the party who fought back caused injury to the other party.

 

 

Cover Photo by Richard Tao on Unsplash

 

Contributors: CJO Staff Contributors Team

Save as PDF

You might also like

China Designates Beijing Court for ICSID Arbitral Awards

China has officially designated the Beijing No. 4 Intermediate People's Court to handle the recognition and enforcement of ICSID awards, filling a long-standing procedural gap and advancing its restrictive immunity framework.

PRC Double Interest neither Double nor Penal, Australian Courts Clear Its Name When Enforcing Chinese Judgments

Recent Australian case law clarifies that the “double interest” mechanism in the People’s Republic of China (PRC) monetary judgments functions as a compensatory post-judgment interest framework rather than an unenforceable penalty. This consolidates Australia’s position as a highly attractive and creditor-friendly forum for enforcing Chinese judgments. See Zhengzhou Lvdu Real Estate Group Co v Shu [2024] NSWSC 58 (6 February 2024), Fu v Pang [2025] VSC 597 (16 September 2025)