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china national radio beijing august 31st news (reporter fei quan) recently, it was reported online that a traffic accident occurred in the laoshan scenic area in qingdao. a woman drove a white land rover suv against the traffic and failed to cut in line, and rear-ended the bus in front. after getting off the bus, the woman took her anger out on the driver who was driving normally, and cursed wildly, slapping him more than a dozen times. the driver was bleeding from the mouth and nose, but he did not fight back.

regarding the behavior of the female driver wang, the official situation report was released: after investigation, wang's behavior violated the provisions of article 42 and article 43 of the "public security administration punishment law of the people's republic of china". the public security organs imposed administrative detention for 10 days and a fine of 1,000 yuan on wang in accordance with the law.

in this regard, some netizens commented, "fortunately, the male driver who was beaten did not fight back, otherwise it would have been a fight between the two parties." some netizens also believed that "the punishment for the female driver seems too light." the reporter interviewed lawyers on these issues.

if the man fights back, will it be considered a mutual fight?

"in this case, whether fighting back is considered legitimate defense needs to be judged based on the specific circumstances." xu wei, partner of beijing kyoto law firm, 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, 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 parties cannot maintain restraint and a fight is initiated, and the means of both parties are equivalent, it may be deemed to be mutual fighting; only when the party at fault strikes first and the means are obviously excessive, or 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, will it be deemed to be legitimate defense.

that is to say, if the male driver takes defensive measures during the continuous beating by the female driver, his behavior may be considered as legitimate defense, but the degree of defense should be commensurate with the female driver's aggression. the male driver can take measures to stop the female driver from continuing to beat him, such as pushing the female driver away, fighting back to stop further harm, etc. however, if the male driver fights back excessively, causing serious injury or even death to the woman, it may be considered excessive defense and he needs to bear the corresponding legal responsibility.

xu wei suggested that after a conflict occurs, people should try to remain restrained, record audio and video to preserve relevant evidence, and avoid being impulsive.

is the punishment too light?

regarding the female driver's behavior, the situation report shows that the public security organ imposed an administrative detention of 10 days and a fine of 1,000 yuan on her in accordance with the "public security administration punishment law of the people's republic of china". some netizens questioned that such a punishment was too light and the female driver should be held criminally responsible for "intentional injury" and "picking quarrels and provoking trouble".

in this regard, xu wei said that although the male driver had bleeding from the mouth and nose, this cannot be used as a basis for judging the severity of his injuries. the relevant parties have stricter procedures for determining the severity of injuries. if it is determined that the male driver has suffered minor injuries or above, the female driver may be involved in "intentional injury."

the crime of "picking quarrels and provoking trouble" usually requires that the behavior be random and have the intention to disrupt social order. although the female driver's behavior was aggressive and provocative, whether it constituted "randomness" and "serious circumstances" needs to be comprehensively judged based on the details of the case, the sufficiency of evidence and legal provisions.

at present, if criminal responsibility is to be pursued, either the female driver has a criminal record for beating someone, constituting "multiple assaults"; or, based on the situation at the scene, see whether it caused serious disorder in public order - such as causing serious traffic jams, attracting crowds of onlookers, etc. if neither of these is the case, then it is indeed difficult to establish a crime.

"the police report that netizens saw only involved penalties for public security, but the penalties for the female driver are not limited to these." the lawyer said that if the female driver's driving in the wrong direction and rear-ending the car and fleeing the scene were true, the traffic police would be responsible. if the traffic police determine that the female driver should bear full responsibility for the rear-ending, then she would have to bear the corresponding compensation. driving in the wrong direction and hit-and-run also violate traffic regulations and will be punished.

in addition, the female driver is still responsible for apologizing, paying civil compensation, and bearing medical expenses.