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a few days ago, a woman in qingdao drove a land rover in the wrong direction and failed to cut in line. she beat the driver who was driving normally in the opposite direction, causing bleeding from the mouth and nose. the local police reported that the woman violated the public security administration punishment law and was sentenced to 10 days of administrative detention and a fine of 1,000 yuan.

the report stated that at around 13:00 on the 28th, wang (female, 38 years old, from laoshan district) was driving in the opposite direction when she was near the qingshan village observation deck in laoshan district. because lin (male, 26 years old, from laoshan district) who was driving normally in the opposite direction did not give way to her, wang got out of the car and insulted and beat lin.

the video shows that she took out her anger on a male driver who was driving normally in the opposite direction, insulted him, and hit him in the face, causing bleeding from his mouth and nose. many people stepped forward to dissuade her, but the woman did not stop, and continued to shout: "what's wrong with me driving against traffic? what's wrong with me hitting you?" "call the police." then, the woman kicked the other party's car and drove away.

during the process, the person who filmed the video saw the male driver get out of the car after being beaten, and kindly advised him, "don't fight back, don't hit him, you're in the wrong if you fight back." the man in the video was beaten but did not fight back.

in this regard, lan tianbin, senior partner of jiangsu fade dongheng law firm, told jiupai news that "never fight back, fighting back is wrong" is not legally valid, but it is not groundless in practice. the law cannot give in to illegality and needs to strengthen the identification of legitimate defense. "if the act of stopping the ongoing illegal infringement is taken to protect one's personal safety from the ongoing illegal infringement, and the illegal infringer is damaged, it is legitimate defense and no criminal responsibility will be borne."

he stressed that if legitimate defense exceeds the necessary limit and causes serious damage, the offender shall bear criminal responsibility, but the punishment shall be mitigated or exempted. "in addition, you can also call the police in time and let the public security organs handle it in time."

at the same time, wang cheng, senior partner of yingke hefei equity, told jiupai news that the supreme people's procuratorate and the ministry of public security have issued the "guiding opinions on properly handling minor injury cases in accordance with the law", emphasizing "accurately distinguishing between legitimate defense and intentional injury involving mutual fighting" and that the cause of the incident, whether there is fault in the escalation of the conflict, whether a weapon is used or prepared to be used, whether obviously disproportionate violence is used, whether others are gathered to participate in the fight and other objective circumstances should be comprehensively examined to accurately judge the subjective intentions and nature of the parties' behavior.

he believes that if a dispute arises over trivial matters and both parties fail to exercise restraint and a fight breaks out, if the party at fault strikes first and the means used are obviously excessive, counterattacking should generally be considered legitimate defense. if one party strikes first and continues to attack despite the other party's efforts to avoid conflict, counterattacking should also be considered legitimate defense.

"but in current judicial practice, in the vast majority of cases, as long as a fight is fought back, the case-handling unit will choose to persuade both parties to reconcile." wang cheng suggested that after a conflict occurs, one should try to remain restrained, record audio and video to preserve relevant evidence, and never act impulsively.

on august 30, the beaten man, mr. lin, told jiupai news that he is still in hospital for treatment, suffering from dizziness and nausea, and has spent more than 4,000 yuan. "i will not consider reconciliation, i will apply for administrative reconsideration and protect my rights through legal means."

the female driver hit the man on the head. photo/video screenshot

【1】i regained my composure after being persuaded

jiupai news: can you describe what happened?

mr. lin: the incident happened 20 meters from the turn of the qingshan fishing village scenic area. it is the peak tourist season and traffic jams are common here. the woman was driving against the flow and rushed towards me. i almost couldn't stop the car.

jiupai news: what next?

mr. lin: at first, she honked her horn and tried to cut in to the lane next to her. i honked my horn too, but i saw her cursing in the car, so i got angry and didn't let her pass. if she had spoken to me nicely at the time, i would have definitely let her pass.

jiupai news: why shoot videos?

mr. lin: before filming the video, she had already gotten out of the car and scolded me, and hit me on the head, face and neck, and slapped my phone. at the time, i didn't care and didn't think of calling the police.

after she got back on the bus, the traffic control staff came to dissuade her and asked her why she was driving against the flow of traffic. she argued with the staff, pushed them, and scraped against the tourist bus in front of her when she was reversing. the following incident was filmed by a tourist nearby, just like the video circulated online.

jiupai news: don’t you want to take action?

mr. lin: i couldn't bear it after i was beaten and bled, so i wanted to get out of the car to look for her. the guy who filmed the video advised me not to do it, and i calmed down after being persuaded. at that time, cars in both directions were stuck together, causing a big congestion. after the woman drove away, the police found her.

【2】do not accept mediation and hope for serious treatment

jiupai news: how is your injury?

mr. lin: the other party mainly hit me on the head. i still have headaches, nausea, frequent vomiting, and dizziness. i am currently in hospital for treatment.

jiupai news: i noticed that you didn’t fight back at that time.

mr. lin: first of all, the other party was a woman. secondly, there were guests of the homestay sitting in my car, and there were children. and i had practiced before, so i couldn't argue with her. the tourist's child was also scared by this incident. the guest was concerned about me, and i said it was okay and i had to comfort the guest first.

jiupai news: did you contact the other party after the incident?

mr. lin: we have never met. when the police asked me for my opinion, i made it clear that i would not accept mediation and hoped for a serious solution, so the other party and my family did not compensate or apologize. i have spent about 4,000 yuan on medical expenses, which i have to bear myself.

【3】i do feel very aggrieved

jiupai news: has this incident had any impact on your life and psychology?

mr. lin: i can still bear it psychologically, but i do feel very wronged. the homestay i run has been closed and all rooms have been shut down. i will reopen when i feel better.

jiupai news: are you satisfied with the police’s handling of the matter? what are your demands?

mr. lin: i have applied for an injury assessment, but the result is not out yet. i will continue to apply for administrative reconsideration and defend my rights through legal means to give myself and those who care about me an explanation.

jiupai news: why?

mr. lin: after all, many people have been supporting and encouraging me recently and caring about my injuries. i am very touched. my parents are also very angry and distressed. i also believe in the qingdao police.

jiupai news: have you encountered a similar situation before?

mr. lin: no, i endured it again and again because the other party was too arrogant. however, qingdao is still a very good city. i have also been promoting qingdao laoshan and welcome everyone to come and play.

jiupai news reporter yang bingyu huang qiaowen