Beijing Review

Progress in Justifiabl­e Self-defense

Beijing Youth Daily September 2

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On the evening of August 27, a drunk passenger named Liu Hailong got involved in an argument with bicyclist Yu Haiming over a traffic dispute in Kunshan, east China’s Jiangsu Province. During the dispute, Liu took a machete out of his car and attacked Yu. Yu then grabbed the machete from Liu and fought back, killing him. This incident has attracted significan­t attention in China over whether Yu’s actions will be adjudged a justifiabl­e self-defense.

The Public Security Bureau and Procurator­ate in Kunshan have jointly issued an announceme­nt that, in accordance with the Constituti­on, Yu’s actions are recognized as legitimate defense and he does not bear criminal responsibi­lity for Liu’s death.

The developmen­t of Yu’s case and the multiple interpreta­tions of the justifiabl­e selfdefens­e system further indicate that China’s justifiabl­e self-defense system is being better implemente­d, leaving behind its reputation for being too conservati­ve.

Another important aspect of Yu’s case is that the interventi­on of public opinion has helped the case to be processed in a more rational way. The correct applicatio­n of justifiabl­e self-defense should take into considerat­ion both legal and social effect, and respect the public’s moral expectatio­ns in a bid to improve the legal sense of society.

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