Empowering Justice: How China evolves its approach to justifiable defense

Discussions on the topic of justifiable defense have been reignited across Chinese social media, spurred by the film "Article 20".

Co-produced by China's Supreme People's Procuratorate (SPP), "Article 20," tells the gripping story of two prosecutors working to acquit a villager charged with killing an aggressor who had tormented him and his wife for months. As the narrative progresses, the prosecutors tirelessly collect evidence of justifiable defense, showing their dedication to justice and the ethical complexities involved.

Justifiable defense is a legal right afforded to citizens and serves as a crucial tool in combating unlawful actions. Specifically, Article 20 of China's Criminal Law articulates this principle by stating that if an individual acts to prevent harm to their own or others' rights, such actions are deemed "justifiable defense" and should not be subject to punishment.

This legal provision has been part of China's Criminal Law since its introduction in 1979. Despite this, the application of Article 20 has been infrequent, with few cases successfully invoking the clause. "In the past, some judiciary staff considered maintaining stability more critical, implying a preference for slightly compromising the rights to justifiable defense," said Guo Shuo, a professor at the Procedural Law Research Institute of the China University of Political Science and Law.

In one of the scenarios presented in the film, victims are advised to comply and obey before lodging complaints or petitions, a portrayal that reflects a historical discouragement of self-defense, Guo, also the Deputy Secretary-General of China Society of Criminal Procedure Law, told CGTN. 

"Besides varying levels of understanding, the application of Article 20 often involves a rigid interpretation that overlooks the intense nervousness and agitation of those involved," said Guo, who advocates for a more nuanced understanding that respects the complexities of justifiable defense situations.

Recognizing these issues, the legal system sought to clarify and refine the principles of justifiable defense. Article 20 was updated in the 1997 revision of the Criminal Law, refining its phrase from "If a person's act of justifiable defense exceeds the limits of necessity and causes serious damage" to "If a person's act of justifiable defense obviously exceeds the limits of necessity and causes serious damage." The inclusion of the word "obviously" clarifies the conditions under which justifiable defense may be deemed excessive.

Moreover, the revision specifies circumstances including ongoing acts of "murder, robbery, rape, kidnapping, or any other violent crime that seriously endangers personal safety." Such clarification provides clearer legal guidelines for when self-defense can be invoked, specifically in instances of severe crimes.

A national conversation: reassessing justifiable defense rights

In recent years, cases of legitimate defense have garnered attention nationwide, with several cases sparking widespread debate on the concept of justifiable defense.

In April 2016, 22-year-old Yu Huan fatally injured a creditor who had harassed his mother. In February 2017, he received a life sentence for intentional harm, sparking public outrage once it was shared online. Many saw the punishment as too harsh, viewing Yu as fulfilling his duty to protect his mother.

In May 2017, the High People's Court publicly reheard Yu's case, debating if his actions were self-defense. The final verdict in June overturned his original sentence. Yu's stabbing was recognized as a self-defense act to protect his and his mother's life, health and dignity.

"When the unlawful infringement occurs, even if it lasted just a few seconds, responses are often immediate stress reactions," Guo said. "So expecting rational behaviors in such situations is unrealistic, and retrospectively judging these actions as if one had a detached, omniscient viewpoint is not practical."

In another case that brought further attention to self-defense in 2018. Liu Hailong, swerved into a bike lane and attacked cyclist Yu Haiming with a machete, prompting Yu to fight back in self-defense. Public support for Yu surged after the incident's surveillance footage went online, and he was released without any charges.

"Cases involving legitimate defense that have widely captured public attention have all been processed in line with Article 20 of the Criminal Law," said Li Jun, a lawyer at the Yongwen Law Firm based in Beijing. She referenced the case of Yu Huan, where the application of the self-defense provision under Article 20 was pivotal in altering the sentence on appeal.

"The just resolution of these cases according to the law signifies advancements in China's legal system and encourages ongoing development in the nation's rule of law," Li, who also serves as the director of the firm's Chongqing office, told CGTN. "Beyond the enforcement of Article 20 of the Criminal Law in case proceedings, there are indeed additional factors that facilitate case resolution."

"A critical element is social public opinion, or the widespread societal focus on self-defense cases influences judicial practices and decisions. This positive interplay between the judiciary and public sentiment ultimately contributes to the fair resolution of cases," she explained.

From hearings to guidelines: legal reforms in justifiable defense

In 2019, China initiated public hearings to navigate the complexities of self-defense cases. The public hearings facilitate dialogue among litigants, prosecutors and hearing officers, fostering a collaborative approach to case management based on legal principles, third-party evaluation and public oversight.

Following this, the Supreme People's Court (SPC), SPP, and Ministry of Public Security issued a guideline on justifiable defense in 2020, prohibiting any automatic bias towards the injured or deceased parties. It emphasized the need for judicial officers to acknowledge the stress and fear a defendant might face during an attack.

As the Supreme People's Procuratorate oversaw the resolution of numerous self-defense cases, it also disseminated exemplary cases to establish precedents and clarify the application of justifiable defense.

The number of individuals not arrested or prosecuted for acts of self-defense by prosecutorial authorities from 2019 to 2023 has increased 3.6 times compared to the previous five years, according to a white paper released by the Supreme People's Procuratorate (SPP) in March.

Cover image: Liang Qian