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

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.

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.

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.

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.

全国人大 (1997). 刑法（第二十条）. https://www.spp.gov.cn/spp/fl/201802/t20180206_364975.shtml；最高人民法院、最高人民检察院、公安部 (2020). 关于依法适用正当防卫制度的指导意见（法发〔2020〕31 号，第 5、6、7、10、11、13、14、19 条）. https://www.court.gov.cn/zixun/xiangqing/251611.html；最高人民检察院 (2018). 第十二批指导性案例（检例第 45 号陈某正当防卫案、检例第 47 号于海明正当防卫案）. https://www.spp.gov.cn/spp/jczdal/201812/t20181219_402920.shtml；全国人大常委会 (2018). 刑事诉讼法（2018 年修正，第九十一条）. 宁夏回族自治区人民检察院转载全文 https://www.nx.jcy.gov.cn/zwsy/qwfb/202011/t20201119_608817.html