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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 tried to cut in line, but failed and rear-ended a bus in front of her. after getting off the bus, the woman took out her anger on the driver who was driving normally, and cursed him crazily, 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.