Self-Defence in Chinese Criminal Law: What the Statute Says and How Courts Apply It

Self-defence is a recognised justification under Article 20 of China's Criminal Law, but courts apply it narrowly — and inconsistently. A foreign national involved in a physical altercation who claims to have acted in self-defence faces an uphill evidentiary battle. This article explains the legal standard and how it is applied in practice.

Justifiable defence (zheng dang fang wei) is defined in Article 20 of the PRC Criminal Law: an act taken to stop an unlawful infringement that causes harm to the infringer is not criminally liable. The defence must not "obviously exceed" what is necessary. In 2020, the Supreme People's Court, Supreme People's Procuratorate, and Ministry of Public Security jointly issued guiding opinions on the application of justifiable defence, emphasising that courts should assess the defender's perspective in the heat of the moment rather than with the benefit of hindsight.

Article 20 and the Limits of Self-Defence in Chinese Law

For a foreign national claiming self-defence after a physical altercation, several factors are critical: who initiated the confrontation (CCTV footage is often decisive); whether the defender had a reasonable avenue of retreat (not required under Chinese law, but factually relevant); whether the force used was proportionate to the threat faced; and whether the defender continued to use force after the threat had ceased. The 2020 guiding opinions specifically direct courts to avoid demanding "exact proportionality" — a defender facing an imminent attack is not expected to calculate precisely the minimum force required. A lawyer will gather and preserve all relevant evidence, particularly CCTV footage which may be overwritten within days, and frame the defence using the 2020 SPC/SPP guidance which has been favourable to defendants in several high-profile cases.

For case-specific advice, contact C&Z Partners for a confidential consultation.

Primary legislation: Criminal Law [CN official]; Criminal Procedure Law [CN official]
Also relevant: PSAPL [CN official]; Exit and Entry Administration Law [CN official]
Official sources: Criminal Law (CN)
Key interpretation: SPC & SPP Guiding Opinions on Plea Leniency (2019)
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