The batch of five guiding cases focused on social issues such as school bullying, domestic abuse of minors, and marital guardianship, aiming to provide judicial guidance for courts at all levels nationwide in handling similar cases.
For instance, “Jiang’s Self-Defense Case” (Guiding Case No. 225) involves a self-defense situation triggered by school bullying. The defendant, Jiang (aged 14 at the time), brought a folding knife to the scene after being bullied by several students. When faced with an assault by several individuals, Jiang fought back with the knife. Considering the overall circumstances, the court found Jiang’s behavior constituted self-defense, and he was not held criminally responsible.
This case emphasized that when distinguishing between defensive actions triggered by school bullying and mutual fighting, factors such as the cause of the incident, the primary aggressor, and whether the individual rallied others to join the fight shall be considered. Additionally, the court shall assess the possible reactions of minors of the same age in similar situations to accurately determine the intent of the individual and the nature of the behavior. The finding of defensive intent shall not be affected merely by the individual’s refusal to submit or show weakness in the face of bullying or by the use of tools to fight back.
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Contributors: CJO Staff Contributors Team
