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Chao News Client Reporter Yu Wei

On the evening of August 7, the Metro Branch of the Qingdao Public Security Bureau in Shandong Province issued a report on the incident in which "a young man was beaten by an elderly man in a subway car," stating that both parties involved have been found, relevant evidence has been retrieved, and the case is being investigated and handled in accordance with the law.

Source of the report: Qingdao Municipal Public Security Bureau Metro Branch

According to the video, an old man in a white vest and a light yellow hat pushed a young man in gray clothes onto a subway seat and hit him in the face several times. After the young man stood up, the old man approached him again and started a physical fight. According to previous reports by Cover News, the young man did not fight back during the conflict between the two over giving up his seat.

Regarding this incident, many netizens left messages asking questions such as "I want to see what kind of responsibility the elderly should bear?", "He is so strong, do young people need to give up their seats to him?", "Can he fight back?", etc.

Wang Yiyun, a lawyer at Zhejiang Lunhe Law Firm, said in an interview with Chao News that in this incident, the old man's behavior clearly exceeded the scope of reasonable demands. If he used violence to demand the seat be given up, it would not only violate public order, but also infringe upon the legitimate rights and interests of others.

Wang Yiyun pointed out that if an old man beats a young person in public because of an occasional conflict over giving up his seat on the subway, causing the young person to be injured (bleeding from the mouth and nose),）Depending on the severity of the young man’s injuries, he may be subject to public security punishment, such as detention and fines; if the young man’s injuries constitute minor injuries, the elderly person has committed the crime of intentional injury; in addition, the elderly person’s behavior of wantonly beating and insulting others in public over trivial matters may also involve the crime of provoking disturbances.

If a young person does not give up his seat and a dispute arises, does fighting back count as legitimate defense? Wang Yiyun said that according to the provisions of the "Guiding Opinions on Properly Handling Minor Injury Cases in Accordance with the Law" issued by the Supreme People's Procuratorate and the Ministry of Public Security in 2023, whether it is legitimate defense needs to be comprehensively considered based on the cause of the incident, the party at fault, the specific circumstances and the course of events. If both the young person and the elderly cannot maintain restraint and a fight is initiated, and the means of both parties are equivalent, it may be considered as mutual fighting; it will only be considered as legitimate defense if the party at fault strikes first and the means are obviously excessive, or if one party strikes first and continues to infringe while the other party tries to avoid conflict, and retaliates to cause harm to the other party, it will be considered legitimate defense. "If the young man begs for mercy repeatedly when being beaten by the elderly and only acts in a protective manner and tries his best to avoid escalating the conflict, and the elderly further beats the young man and insults him, and the young man takes defensive measures, his behavior can be considered legitimate defense."

"When you are asked to give up your seat in a violent way, avoid direct physical contact as much as possible. If you cannot avoid it, protect your important parts to avoid serious injuries." Wang Yiyun emphasized that if you encounter similar situations, you can record audio and video throughout the process, preserve evidence through multiple channels, ask staff for help, or call the police in time. If physical damage is involved, you can call the police or file a civil lawsuit to protect your rights.

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