Recently, public security authorities in multiple regions of China have clearly stated that the outdated law enforcement notion—’fighting back when attacked automatically constitutes mutual assault’—is being corrected. This means that citizens who lawfully defend themselves against unlawful aggression will no longer be simplistically labeled as engaging in mutual combat.This shift stems from a renewed interpretation and application of the legitimate defense provisions in China’s Criminal Law, aiming to empower individuals to assert their rights legally when facing violence and to discourage ‘compromise-based’ policing that prioritizes superficial peace over justice.In the past, some local law enforcement agencies, seeking quick resolutions, often treated defensive actions the same as aggressive ones, leading to victims being punished—a practice that sparked widespread public discontent. Now, with guidance from authoritative bodies like the Supreme People’s Procuratorate and the Ministry of Public Security, which repeatedly emphasize that ‘the law must not yield to lawlessness,’ standards for recognizing legitimate self-defense are becoming clearer. For instance, in a 2023 case, a citizen who fought back after being randomly assaulted by a stranger was ultimately deemed to have acted in legitimate self-defense and faced no penalty.This evolution reflects progress in the rule of law and strengthens public trust in judicial fairness. As legal interpretations and enforcement guidelines continue to improve, the notion that ‘fighting back equals mutual assault’ will become a thing of the past, and the right to self-defense will be more robustly protected.
近日，中国多地公安机关明确表态：‘被打还手即互殴’的执法理念正在被纠正。这意味着，公民在遭遇不法侵害时依法进行正当防卫，将不再被简单认定为‘互殴’。这一转变源于对《刑法》中正当防卫条款的重新理解和适用，旨在鼓励民众在面对暴力时敢于依法维权，同时限制执法中的‘和稀泥’式处理。过去，一些基层执法机关为追求‘息事宁人’，常将防卫行为与攻击行为等同处理，导致受害者反被处罚，引发公众不满。如今，随着最高检、公安部等权威部门多次发布指导性案例，强调‘法不能向不法让步’，正当防卫的认定标准正逐步清晰。例如，在2023年某地发生的案件中，一名市民遭陌生人无端殴打后反击，警方最终认定其行为属正当防卫，不予处罚。这一变化不仅体现了法治精神的进步，也增强了公众对司法公正的信心。未来，随着相关法律解释和执法细则的完善，‘被打还手即互殴’将成为历史，正当防卫权将得到更充分保障。
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