You may defend yourself against an unavoidable attack, but only strike the person who is actually attacking — stop when he stops.

11. You may defend yourself against an unavoidable attack, but only strike the person who is actually attacking — stop when he stops.

Cost: Legal fees start at several thousand yuan; those with financial difficulties may apply for legal aid. The main cost comes afterward: you’ll often be initially charged with intentional injury, required to cooperate with investigations, and sometimes detained for up to ten days. The challenge is staying composed during this period.

In plain terms: To protect yourself or others from an ongoing attack, it is legally acceptable to intervene and injure the attacker. If someone is committing murder, robbery, rape, kidnapping, or any other violent crime, harming or even killing them is not considered excessive. However, you must only strike the person actively attacking — stop as soon as he ceases. Even if the court ultimately rules in your favor, the process is far from easy; many people are first charged and detained for several days. In total, 47 individuals have been recognized as acting in self-defense under these circumstances.

Benefit: Criminal law defines what constitutes legitimate self-defense. When national interests, public welfare, or your own or another person’s life, property, and other rights are under unlawful attack, intervening to injure the aggressor qualifies as self-defense and carries no criminal liability. The law also states: “If self-defense clearly exceeds necessary limits and causes serious harm, criminal responsibility applies, though punishment may be mitigated or waived.” Additionally: “In cases of ongoing violent crimes such as murder, robbery, rape, kidnapping, or other acts seriously threatening personal safety, any defensive actions resulting in injury or death of the aggressor do not constitute excessive defense and incur no criminal liability.” Official guidelines further clarify these boundaries: both “clearly exceeding necessary limits” and “causing serious harm” must be present for it to be deemed excessive; causing only minor injuries does not count. Defense must be directed solely at the aggressor; using lethal force against minor offenses is not permitted. Real-world examples include the Yu Haiming case (2018), where initial charges were later dropped after a ruling of self-defense, and the Chen case, where a student’s defensive actions were similarly recognized as lawful. A total of 45 cases have been officially documented as falling under this category.

Evidence grade: A

Sources: National People's Congress (1997). Criminal Law (Article 20). <https://www.spp.gov.cn/spp/fl/201802/t20180206_364975.shtml>; Supreme People's Court of China, Supreme People's Procuratorate of China, Ministry of Public Security of China (2020). Guidance on the application of the legitimate defense system in accordance with the law (Fafa [2020] No. 31, Articles 5, 6, 7, 10, 11, 13, 14, 19). <https://www.court.gov.cn/zixun/xiangqing/251611.html>; Supreme People's Procuratorate of China (2018). Twelfth Batch of Guiding Cases (Procuratorial Case No. 45 Chen’s Justifiable Defense Case, Case No. 47 Yu Haiming's Justifiable Defense Case). <https://www.spp.gov.cn/spp/jczdal/201812/t20181219_402920.shtml>; Standing Committee of the National People's Congress (2018). Criminal Procedure Law (Amended in 2018, Article 91). Full text reprinted by the People's Procuratorate of Ningxia Hui Autonomous Region <https://www.nx.jcy.gov.cn/zwsy/qwfb/202011/t20201119_608817.html>

Notes: The default course of action remains as described in item 10: retreat and call the police. Fighting back when two parties are already engaged does not qualify as defense, nor does pursuing an attacker after he has fled or fallen. This provision applies only when retreat is impossible; it does not encourage violence. Afterward, three steps are crucial: remain at the scene after calling police, preserve any surveillance footage and witnesses, and consult a lawyer before any police questioning. If charges are eventually dropped or you are acquitted, you may seek state compensation for detention days, as outlined in item 35. Defending others is also legally permitted, though intervening in unrelated fights without preparation carries different risks, as discussed in item 13. This protection primarily benefits you and your family.