Recently, public security authorities in multiple regions of China have made it clear that the enforcement mindset of ‘any retaliation constitutes mutual assault’ is becoming a thing of the past. This shift stems from a renewed emphasis on and proper implementation of the legal doctrine of justifiable self-defense. In the past, in many public order cases, any physical contact between parties—regardless of who initiated the aggression—was often simplistically classified as ‘mutual fighting,’ leading to victims being penalized for defending themselves, which sparked public criticism. Now, guided by directives from China’s Supreme People’s Procuratorate and the Ministry of Public Security, law enforcement agencies are urged to clearly distinguish between acts of self-defense and acts of mutual combat, thereby encouraging citizens to lawfully exercise their right to self-defense when facing unlawful attacks. For instance, in a landmark 2023 case in Jiangsu Province, a woman who fought back after being unprovokedly assaulted was officially recognized by police as acting in justifiable self-defense and faced no penalty. This approach corrects the previous crude practice of ‘punishing both sides equally’ and demonstrates the legal system’s support for justice. Experts note that this evolution enhances public safety and fosters societal consensus that ‘the law must not yield to lawlessness,’ marking a significant step toward more precise and humane rule of law in China.
近日，中国多地公安机关明确表态：‘被打还手即互殴’的执法理念正在成为历史。这一转变源于对正当防卫制度的重新审视与落实。过去，在一些治安案件中，只要双方有肢体接触，无论起因如何，常被简单定性为‘互殴’，导致受害者因还手而被处罚，引发公众质疑。如今，根据最高检和公安部的相关指导意见，执法机关强调应区分‘防卫行为’与‘斗殴行为’，鼓励公民在遭遇不法侵害时依法行使正当防卫权。例如，2023年江苏一起典型案例中，一名女子在遭受无端攻击后反击，警方认定其行为属正当防卫，不予处罚。此举不仅纠正了以往‘各打五十大板’的粗放执法方式，也彰显了法治对正义的支持。专家指出，这一变化有助于提升公众安全感，引导社会形成‘法不能向不法让步’的共识，标志着我国法治建设在精细化、人性化方向迈出重要一步。
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