The case

In Foshan, Guangdong, Ms Long was driving when three male robbers smashed her car window, pulled her hair, grabbed RMB 80,000 in cash and fled on a motorcycle. She chased them in her car, killing one and injuring two. The dead man’s family sued her, but the courts at first and second instance both found that she acted in legitimate self-defense and was not guilty.

The legal elements of self-defense

Under Article 20 of the Criminal Law, legitimate self-defense requires all of the following:

  • Cause: a real unlawful infringement
  • Timing: the infringement is ongoing
  • Intent: a defensive purpose
  • Target: directed at the infringer
  • Limit: not obviously exceeding what is necessary

Defensive action against ongoing serious violent crimes such as assault with weapons, murder, robbery, rape or kidnapping that causes injury or death to the infringer is not excessive defense and carries no criminal liability.

Why was Ms Long’s conduct found to be self-defense?

  • Cause: the three robbers committed robbery and assault, and had completed taking the money and injuring her.
  • Timing: while the robbers fled, the infringement, though partly completed, was continuing (the stolen property had not been returned).
  • Intent: her purpose in chasing them was clearly to recover the property and stop the crime.
  • Target: she struck the fleeing robbers.
  • Limit: the robbery was a serious violent crime (robbery causing injury), so causing injury and death did not obviously exceed what was necessary.

The court therefore found that she exercised the special right of self-defense and bore no criminal liability.

Self-defense vs excessive defense vs after-the-fact “defense”

Concepts often confused in practice:

  • Legitimate self-defense: the defensive act did not exceed the necessary limit. No criminal liability.
  • Excessive defense: obviously exceeded the necessary limit and caused major harm. Punishment shall be mitigated or exempted (but not necessarily waived).
  • After-the-fact “defense”: “retaliation” after the infringement has ended. An intentional crime with criminal liability.

Key evidence for a self-defense finding

  • Surveillance video from the scene (roads, malls, petrol stations)
  • Dashcam footage
  • Police call records and recordings
  • Scene examination records
  • Eyewitness statements
  • Injury assessments of the victim
  • The attackers’ identities and criminal records

In this case, the key to Ms Long’s success was that “dashcam footage fully reconstructed the chase”, together with the courts’ firm protection of legitimate self-defense.

Common myths about self-defense

Myth 1: “You can’t hit back when attacked.” Wrong. Self-defense is expressly protected by law.

Myth 2: “Hitting back makes it a mutual fight.” Wrong. Distinguishing a fight from self-defense depends on the cause, intent and timing.

Myth 3: “If you injure them, you have to pay.” Wrong. Injury or death to an unlawful infringer caused by legitimate self-defense gives rise to no civil liability.

Myth 4: “If the other side hit first, you’re sure to win.” Wrong. You still need sufficient evidence.

Myth 5: “Defense has to be precisely proportionate.” Wrong. The law does not demand precise proportionality against serious violent crime.

Case filing and withdrawal in self-defense cases

Even if police initially open the case as intentional injury, the defender can:

  • submit a legal opinion on self-defense to the police;
  • submit scene video, witness statements and other evidence;
  • apply for reconsideration or appeal to the procuratorate;
  • at the prosecution-review stage, submit a legal opinion seeking non-prosecution;
  • at trial, mount a not-guilty defense.

In recent years the judicial authorities’ attitude to self-defense cases has become increasingly clear, and many cases have been corrected.

How Wang Xin’s team can help

  • Defense in self-defense cases
  • Defense in excessive and after-the-fact defense cases
  • Drafting legal opinions on self-defense
  • Recognition and rights protection for good Samaritan cases
  • Criminal appeals and complaints

If you or your family are involved in a self-defense dispute, contact Wang Xin immediately: phone +86 186-0113-9509, WeChat wang223040.

Quick answers

What are the elements of legitimate self-defense in Chinese criminal law?
Under Article 20 of the Criminal Law: a real unlawful infringement, which is ongoing, a defensive intent, action directed at the infringer, and a response that does not obviously exceed what is necessary.
What is special self-defense in China?
Against ongoing violent crimes such as assault with weapons, murder, robbery, rape or kidnapping, defensive action causing injury or death to the attacker is not excessive defense and carries no criminal liability (Article 20(3)).
Does a person acting in legitimate self-defense have to pay civil damages in China?
No. Injury or death to the unlawful infringer caused by legitimate self-defense does not give rise to civil liability.

This is an English edition of Wang Xin’s original Chinese article, 撞死劫匪的女司机：正当防卫的边界在哪里？. It explains the law of the People’s Republic of China in general terms and is not legal advice for any particular case; outcomes depend on the specific facts and on how local authorities apply the rules.