Recently, the incident of a high-speed train being slapped on a woman and the police determining that both sides were engaged in physical altercation has sparked heated discussions. So being beaten and fighting back is self-defense? Or fighting each other?

Event Overview

May 2nd

A woman posted a video stating that on the same day, she was riding the high-speed train alone, with five people sitting in the back row, including two adults and three children. During the train's journey, the child kept playing games and repeatedly hit her seat. The woman claimed that due to her inability to bear it, she turned around and stopped, causing dissatisfaction among the parents of the child, leading to a dispute between the two parties. During the dispute, the child's parents slapped the woman and she also retaliated.

May 3rd

Parents of children report to the police. The woman believes that the child's parents were at fault first, and even started cursing and hitting people, which should be the main responsible party. Therefore, she refuses to reconcile. In the end, the police determined that both parties had engaged in a "mutual assault" and imposed an administrative penalty of 200 yuan on the woman who fought back after being beaten, and 500 yuan on the parents of the child.

May 7th

The woman in question posted a video online stating that she is already applying for administrative reconsideration.

May 10th

The Chengdu Railway Public Security Department has issued a police report on the "high-speed rail slapping dispute incident".

Case analysis

The core issue in determining the nature of this similar event is to clarify the difference between legitimate defense and mutual assault. Professor Luo Xiang from China University of Political Science and Law stated that the core difference between self-defense and mutual assault is that the former is "right or wrong", while the latter is "wrong or wrong".

The Guiding Opinions on Properly Handling Minor Injury Cases in accordance with the Law, jointly issued by the Supreme People's Procuratorate and the Ministry of Public Security in December 2022, further elaborated on the accurate distinction between self-defense and intentional assault, The original content is: "If a dispute arises due to trivial matters and neither party is able to exercise restraint, leading to a fight. If the wrongdoing party takes action first and the means are clearly excessive, or if one party takes action first and continues to harm the other party despite the other party's efforts to avoid conflict, and retaliates, causing harm to the other party, it should generally be considered as justifiable defense. Intentionally inciting the other party to commit illegal harm and taking the opportunity to harm the other party, it is generally not considered justifiable defense

In summary, the core question that determines the nature of such events is: is the victim subjectively trying to stop the other party from retaliating? Did the victim retaliate while trying to avoid conflict?

Fighting, Justifiable Defense, and the Cost of Fighting

What is mutual assault?

After being beaten by the other party, if a party leaves the scene with conditions to avoid being beaten but does not leave, but instead entangles with the other party and fights back at the scene, it is generally considered as mutual assault. Fighting and affray should be distinguished based on the specific circumstances, whether it is a public security case or a criminal case, and then convicted and punished according to the Public Security Management Punishment Law or Criminal Law. Their responsibilities are generally divided according to the consequences of their respective injuries. If one party causes injury to the other party, they shall be detained and fined; If the circumstances are serious, the detention period and fine amount will increase relatively; Among them, those who beat or harm disabled persons, pregnant women, people under the age of 14, or people over the age of 60, or those who repeatedly beat or harm others, or those who beat or harm multiple people in one go, shall be detained for not less than 10 days but not more than 15 days and shall also be fined not less than 500 yuan but not more than 1000 yuan. If a gathering brawl occurs, all parties involved should be punished. Those who intentionally harm others' bodies shall be detained for not less than five days but not more than ten days, and shall also be fined not less than 200 yuan but not more than 500 yuan.

What is justifiable defense?

According to Article 20 of the Criminal Law of our country, actions taken to stop illegal infringement in order to protect the interests of the country, the public, the personal, property, and other rights of oneself or others from ongoing illegal infringement, which cause harm to the perpetrator, are considered legitimate defense and do not bear criminal responsibility.

Legitimate defense should meet five conditions:

1. The legitimate defense must be aimed at illegal infringement.

2. It must be during the ongoing illegal infringement.

3. The legitimate defense must target the illegal infringer.

4. Legitimate defense cannot exceed a certain limit.

5. The act of causing harm to the perpetrator of the illegal infringement when taking actions to stop the illegal infringement.

What is special defense?

Article 20 (3) of the Criminal Law stipulates: "Those who take defensive actions against ongoing violent crimes such as murder, robbery, rape, kidnapping, and other serious threats to personal safety, causing injury or death to the illegal infringer, shall be considered legitimate defense and shall not bear criminal responsibility

Calculation of the Cost of Fighting

1. Minor injury=detention from 5 to 15 days+fine of 500 to 1000 yuan+compensation for medical expenses, work delay fees, etc.+salary earned due to detention.

2. Minor injury=fixed-term imprisonment of less than 3 years+compensation+compensation for medical expenses, missed work expenses, etc.+underpaid due to sentencing.

3. Serious injury=3 to 10 years imprisonment, life imprisonment or death penalty+economic compensation+serious social and family impact.

4. Additional costs=civil liability expenses (litigation fees+lawyer fees+medical fees+work delay fees)+public security organs leaving behind criminal records and bad deeds+feeling depressed and depressed+damaged reputation and image+family and friends worried+suffering greater losses in work and business.

In addition, once a criminal record is left in the public security organs, the criminal record lasts for a lifetime, and in the future, individuals and even their children will be restricted from taking civil service exams, joining the military, joining the Communist Party, going abroad, studying abroad, and employment.

So what should you do when someone starts hitting you first?

1. While ensuring your personal safety, call the police or ask people around you to help you dial 110.

2. Leave the scene and avoid beatings.

Write at the end

The discussion process of the "High speed Rail Smash Girl Incident" is a process of popularizing law for the whole nation, and its value has exceeded the influence of the incident itself. This incident also reminds everyone that the law does not encourage the use of violence to suppress violence. If beaten by the other party, you can choose to report to the police or avoid it. However, if you hit the other party with your hand and cause the situation to escalate, both parties may ultimately bear corresponding responsibilities.

The essence of legitimate defense lies in stopping illegal infringement and protecting legitimate rights and interests. When someone strikes you first and you fight back without trying to avoid conflict, it is usually considered as an act of mutual assault. Both parties in the fight actively pursue the result of illegally harming the other party, so there is no intention of legitimate defense and cannot constitute legitimate defense.

Legitimate defense is an important right granted to citizens by law, and it is an important means to encourage and ensure citizens to fight against illegal and criminal acts. When it's time to make a move, make a move, but remember not to make random or heavy moves. Make a correct judgment based on the actual situation, otherwise you will bear corresponding criminal responsibility. I hope that every one of us can ensure a rational attitude when encountering problems again, and not let excessive emotions occupy the highlands.