Judicial authorities release guideline, typical cases to clarify justifiable self-defense

(english.court.gov.cn)      Updated : 2020-09-04

Jiang Qibo, director of Research Office of SPC, explains the guideline and typical cases on self-defense on Sept 3. [Photo/sasac.gov.cn]

The Supreme People's Court (SPC) held a press conference on Sept 3 on a guideline and typical cases on self-defense.

The guideline was jointly released by the SPC, the Supreme People's Procuratorate (SPP) and the Ministry of Public Security (MPS).

The guideline was made in response to contradictions in self-defense-related cases. It clarified the parameters of legal self-defense and excessive defense as well as the legal standards in righteous behavior.

As justifiable self defense involves investigation, prosecution and a trial, it was decided that the guideline would be jointly released by the SPC, SPP and MPS to ensure unified application.

The guideline, with 22 items, makes a comparatively complete and systematical stipulation on justifiable self-defense.

The guideline states that relevant factors are the cause, timing, target and intention of the defensive actions, and differentiates between defensive behavior and gang fights as well as between justifiable self-defense and abuse of the right to self-defense. It confirms that the distinctions between different levels and justifications for self-defense should be accurately made and applied.

The guideline also requires SPC, SPP and MPS to work together to handle justifiable self-defense-related cases in accordance with the law and at the same time promote legal publicity about typical cases.