Call the police and don't use your hands when a conflict starts; the one who strikes first makes it easy for the other side's hitting back to count as justified self-defense (正当防卫)
- High value
- Evidence A
- Keeps you free
- Free
- Takes minutes
- Some willpower
In plain words
Hitting someone brings detention of 5 to 10 days (拘留) and a fine of 500 to 1,000 CNY. Hitting in a group, hitting an elderly person, a pregnant woman, a child or a disabled person, or hitting people repeatedly brings detention of 10 to 15 days and a fine of 1,000 to 2,000 CNY. Causing a minor injury (轻伤) is a criminal case with a sentence of up to 3 years, and a serious injury (重伤) 3 to 10 years. When two people hit each other, neither side counts as acting in justified self-defense (正当防卫), so step back and call the police first.
- Cost
-
Free. Move to a place with people around, call the police, and let the other person's actions be caught on camera. The hard part is holding back from talking back or shoving.
- What you get
-
Beating another person or intentionally injuring them brings detention of 5 to 10 days (拘留) and a fine of 500 to 1,000 CNY. Hitting in a group, hitting an elderly person, a pregnant woman, a child or a disabled person, hitting repeatedly, or hitting several people at once brings detention of 10 to 15 days and a fine of 1,000 to 2,000 CNY. A group fight is handled as picking quarrels and provoking trouble (寻衅滋事, meaning causing trouble for no reason or stirring up a disturbance), with up to 15 days of detention and a fine of 2,000 CNY. Intentionally injuring another person's body, where it amounts to a crime, brings up to 3 years, and 3 to 10 years if the person is seriously injured. When two people hit each other, the law calls it mutual fighting (相互斗殴), and it is not justified self-defense. But if the other side struck first and used clearly excessive means, or you had already tried hard to get away and the other side kept hitting, your counterattack is generally recognized as self-defense. Only going too far in fighting back is excessive defense (防卫过当), which requires both of these: clearly exceeding the necessary limit, and causing major harm. Even when it really is excessive, punishment should be reduced or waived (China; Public Security Administration Punishments Law (治安管理处罚法) in effect since January 1, 2026)
- Notes
-
After the 2025 revision of the Public Security Administration Punishments Law, the article numbers all changed. Beating another person moved from old Article 43 to Article 51, so materials that cite the old numbers are out of date. How a "minor injury" is measured for "a minor injury leads to a sentence" is set by the forensic assessment standard, which this section has not verified. Once the other person is down, or has run away, the attack has stopped, and if you chase and hit them then, it is no longer defense. Carrying a knife, a baton or a stun device for self-defense can get you fined if you are caught; see §9.26 (don't buy a baton or stun device for self-defense).
- Evidence grade
- A : Specific numbers from meta-analyses, large cohorts or randomized trials; for law and policy, the statute or official text.
- Sources
-
- National People's Congress Standing Committee (2025). Public Security Administration Punishments Law [in Chinese] (2025 revision, Articles 30 and 51). https://www.spp.gov.cn/spp/fl/202506/t20250627_699863.shtml
- National People's Congress (1997). Criminal Law [in Chinese] (Articles 20 and 234). https://www.spp.gov.cn/spp/fl/201802/t20180206_364975.shtml
- Supreme People's Court, Supreme People's Procuratorate, Ministry of Public Security (2020). Guiding Opinions on Applying the Self-Defense System in Accordance with the Law [in Chinese] (Fa Fa [2020] No. 31, §8.6, §8.9, §8.11, §8.14). https://www.court.gov.cn/zixun/xiangqing/251611.html
Mentioned in
- Fit good locks on doors and windows, put a motion-sensor light outside the door, and really lock up when you go out: these are what prevent burglary, and an alarm alone shows no benefit
- Work out the bill before you hit someone: detention, paying money, a prison sentence
- If you come upon a group fighting, back away and leave; don't step in to break it up, don't stand and watch, and don't pick up anything from the ground; if you report it, move to a safe distance and dial 110 (China's police number)
Translated from the Chinese original. Original book, section 8, tip 10. This section describes legal rules, mostly mainland China’s. It is general information, not legal advice; for your own case, talk to a lawyer. Content may be out of date and rules differ by place. When you actually deal with an agency, a doctor or a court, follow what local officials, doctors and lawyers tell you. Disclaimer