Law allows use of force to prevent violence to others

THE LOCAL PROCURATORATE IN JIN’AN DISTRICT, Fuzhou, East China’s Fujian province, announced on Thursday it has decided not to charge a man who was detained on suspicion of using excessive force to stop an assault on his female neighbor. China Daily writer Zhang Zhouxiang comments:

Beijing News reported that the local police believed Zhao Yu, 21, should be charged with causing negligent injury.

But considering all the evidence that Zhao was trying to stop an illegal infringement, the district procuratorate made the decision not to charge him to promote social morals and to encourage righteous acts, according to an announcement by the Fuzhou public security bureau on Thursday.

Reportedly, Zhao, a migrant worker in Fuzhou, said he heard the woman’s cries on the night of Dec 26 and went to check. He found a man, surnamed Li, was assaulting a woman, surnamed Zou.

Trying to rescue Zou, Zhao kicked Li in the stomach, which damaged Li’s internal organs. Zhao was detained by local police on Jan 29 for intentional assault and was released on bail on Feb 10 after the local procuratorate rejected his arrest.

The woman, said Li, broke into her apartment and knocked her out with a chair, according to local Fuzhou television station.

However, Li told the media that he was just standing by the door when Zhao kicked him for unknown reasons.

Zhao Lei, a lawyer on criminal charges at Zewen Law Firm, said according to the Criminal Law, even if someone uses force to stop a violent crime, and seriously wounds or even kills the perpetrator in the process, it should not lead to criminal charges.

And Bi Yantao, a professor on public management at Hainan University, said that lawyers and law scholars might still be debating whether the man who assaulted the woman should be charged with attempted rape, but it is clear that he broke down the woman’s door and attacked her. In this case, the local procuratorate’s decision not to sue the man who came to her aid will encourage more people to take actions to stop serious crimes.

However, as he said, it was only after the case became a hot topic for the public that the local procuratorate made its decision. Had this not been the case, Zhao might have had to argue his innocence in court.

It is to be hoped that the judiciary will more strictly follow the law so that justice will be done in every case, with or without wide public attention.