zhèngdāng fángwèi: 正当防卫 - Justifiable Self-Defense, Legitimate Defense

• Keywords: zhengdang fangwei, zhèngdāng fángwèi, 正当防卫, self-defense in Chinese, justifiable defense China, Chinese law self defense, legitimate defense China, defend oneself in Chinese, excessive defense, 防卫过当
• Summary: 正当防卫 (zhèngdāng fángwèi) is a crucial legal and social term in China that translates to “justifiable self-defense” or “legitimate defense.” More than just the act of defending oneself, it refers to the legal right to use reasonable and proportionate force to repel an ongoing, unlawful attack. Understanding 正当防卫 is key to grasping Chinese perspectives on personal safety, criminal law, and the concept of “proportionality” in a conflict. This page explores its legal definition, its use in everyday language, and how it differs from Western concepts like “stand your ground.”

• Pinyin (with tone marks): zhèngdāng fángwèi
• Part of Speech: Noun Phrase
• HSK Level: N/A
• Concise Definition: The legal and moral right to use reasonable force to repel an unlawful attack.
• In a Nutshell: Think of 正当防卫 not just as “self-defense,” but as “defense that is justified.” The first part, 正当 (zhèngdāng), means “legitimate” or “proper,” and it's the most important part. It sets a high bar, implying that your actions were not only defensive but also necessary, appropriate, and legally sound in the face of an immediate threat. It's a formal claim that you were in the right, both morally and by the letter of the law.

• 正 (zhèng): Right, proper, correct, just. Pictorially, it's sometimes described as stopping (止) at a line (一), indicating correctness or staying within proper bounds.
• 当 (dāng): Appropriate, suitable, proper. It conveys a sense of something being fitting for the situation.
• 防 (fáng): To defend, to guard against. The left-side radical (阝) is a form of 阜, meaning “mound” or “dam,” suggesting a barrier or fortification.
• 卫 (wèi): To protect, to guard. The character's ancient form depicted a person patrolling the perimeter of a city or settlement.

When combined, 正当 (zhèngdāng) acts as an adjective meaning “justifiable” or “legitimate.” It modifies the noun 防卫 (fángwèi), which means “defense” or “protection.” So, the term literally means “a defense that is justifiable.”

正当防卫 is primarily a legal concept defined in Article 20 of the Criminal Law of the People's Republic of China. For years, its application was interpreted very narrowly by Chinese courts, placing a heavy burden on the defender to prove their actions were not excessive. This reflected a cultural and legal preference for de-escalation and the maintenance of social harmony (和谐, héxié). Violence, even in self-defense, was often seen as a disruption to this order. However, recent high-profile cases have sparked intense public debate, leading to a gradual but significant shift. The courts have started to apply a broader interpretation, empowering ordinary citizens to defend themselves more robustly without fear of being charged with assault or “excessive defense” (防卫过当). Comparison with Western Concepts: A key difference lies in the contrast with American concepts like “Stand Your Ground” laws. In China, there is historically no legal duty to retreat, but the concept of proportionality is paramount. Your defensive force must be proportional to the threat. Using lethal force against an unarmed attacker who is merely pushing you would almost certainly be considered 防卫过当 (fángwèi guòdàng) - excessive defense, and you would be held criminally liable. The Chinese concept is strictly about repelling an ongoing attack, not preempting a potential one or retaliating after the fact.

While its roots are in law, 正当防卫 has found its way into modern, everyday language.

• Formal/Legal Context: This is its primary usage. You will see it constantly in news reports about criminal cases, in police statements, and in legal discussions online and offline. Here, it is used with its precise legal meaning.
• Informal/Metaphorical Context: In conversation, people use 正当防卫 humorously or metaphorically to justify a non-physical action. You might use it to defend a sharp verbal comeback or to justify an action that seems indulgent. In these cases, it's a tongue-in-cheek way of saying, “I had no choice!” or “My actions were totally justified!”

The connotation is generally neutral-to-positive, as it is a claim of justification. However, whether that claim is accepted depends entirely on the context.

• Example 1:
  • 法院最终认定他的行为属于正当防卫。
  • Pīnyīn: Fǎyuàn zuìzhōng rèndìng tā de xíngwéi shǔyú zhèngdāng fángwèi.
  • English: The court ultimately determined that his actions constituted justifiable self-defense.
  • Analysis: This is a typical formal, legal usage. `属于 (shǔyú)` means “to belong to” or “to be classified as.”
• Example 2:
  • 面对持刀抢劫，他进行了正当防卫，没有造成人员伤亡。
  • Pīnyīn: Miànduì chídāo qiǎngjié, tā jìnxíngle zhèngdāng fángwèi, méiyǒu zàochéng rényuán shāngwáng.
  • English: Faced with a knife-point robbery, he engaged in justifiable self-defense, and no one was injured or killed.
  • Analysis: `进行 (jìnxíng)` is a formal verb meaning “to carry out” or “to conduct,” often used with two-character nouns like 防卫.
• Example 3:
  • 律师正在努力证明，被告的行为是正当防卫，而非故意伤害。
  • Pīnyīn: Lǜshī zhèngzài nǔlì zhèngmíng, bèigào de xíngwéi shì zhèngdāng fángwèi, ér fēi gùyì shānghài.
  • English: The lawyer is working hard to prove that the defendant's actions were justifiable self-defense, not intentional assault.
  • Analysis: This sentence highlights the crucial legal distinction between self-defense and a criminal act like `故意伤害 (gùyì shānghài)`, intentional injury.
• Example 4:
  • A: 你为什么吃了最后一块蛋糕？ B: 我太饿了，这是正当防卫！
  • Pīnyīn: A: Nǐ wèishéme chīle zuìhòu yí kuài dàngāo? B: Wǒ tài è le, zhè shì zhèngdāng fángwèi!
  • English: A: Why did you eat the last piece of cake? B: I was too hungry, it was justifiable self-defense!
  • Analysis: A perfect example of the humorous, informal use of the term. The speaker is jokingly framing their hunger as an “attack” they had to “defend” against.
• Example 5:
  • 如果攻击已经停止，你再还手，那就不算正当防卫了。
  • Pīnyīn: Rúguǒ gōngjī yǐjīng tíngzhǐ, nǐ zài huánshǒu, nà jiù bú suàn zhèngdāng fángwèi le.
  • English: If the attack has already stopped and then you fight back, that doesn't count as justifiable self-defense.
  • Analysis: This sentence clarifies a key legal point: self-defense cannot be retaliatory. `还手 (huánshǒu)` means “to hit back” or “retaliate.”
• Example 6:
  • 这个案件的关键在于区分正当防卫和防卫过当。
  • Pīnyīn: Zhège ànjiàn de guānjiàn zàiyú qūfēn zhèngdāng fángwèi hé fángwèi guòdàng.
  • English: The key to this case lies in distinguishing between justifiable self-defense and excessive defense.
  • Analysis: This introduces the critical related term `防卫过当 (fángwèi guòdàng)`. `在于 (zàiyú)` means “lies in,” and `区分 (qūfēn)` means “to differentiate.”
• Example 7:
  • 他对我进行人身攻击，我的反驳只是正当防卫。
  • Pīnyīn: Tā duì wǒ jìnxíng rénshēn gōngjī, wǒ de fǎnbó zhǐshì zhèngdāng fángwèi.
  • English: He launched a personal attack against me; my rebuttal was merely justifiable self-defense.
  • Analysis: A metaphorical use in the context of a verbal argument. `人身攻击 (rénshēn gōngjī)` is “personal attack,” and `反驳 (fǎnbó)` is “rebuttal.”
• Example 8:
  • 什么是正当防卫的界限？这是一个复杂的问题。
  • Pīnyīn: Shénme shì zhèngdāng fángwèi de jièxiàn? Zhè shì yí ge fùzá de wèntí.
  • English: What is the boundary of justifiable self-defense? This is a complex question.
  • Analysis: This sentence uses the term to talk about the concept itself. `界限 (jièxiàn)` means “boundary” or “limit.”
• Example 9:
  • 法律赋予了每个公民正当防卫的权利。
  • Pīnyīn: Fǎlǜ fùyǔle měi gè gōngmín zhèngdāng fángwèi de quánlì.
  • English: The law endows every citizen with the right to justifiable self-defense.
  • Analysis: A formal sentence describing a legal right. `赋予 (fùyǔ)` is a formal word for “to endow” or “to grant,” and `权利 (quánlì)` means “right.”
• Example 10:
  • 警方提醒市民，行使正当防卫权时，切勿超过必要限度。
  • Pīnyīn: Jǐngfāng tíxǐng shìmín, xíngshǐ zhèngdāng fángwèi quán shí, qièwù chāoguò bìyào xiàndù.
  • English: The police remind citizens that when exercising the right to justifiable self-defense, you must not exceed the necessary limits.
  • Analysis: This is official advice, emphasizing proportionality. `行使…权 (xíngshǐ…quán)` means “to exercise a right,” and `切勿 (qièwù)` is a strong “must not.”

• False Friend: “Self-Defense” vs. 正当防卫: While “self-defense” is the best translation, it doesn't capture the full legal weight. In English, you might say “I had to defend myself” for a minor shoving match. Using 正当防卫 in Chinese for such a minor event would sound overly dramatic and legalistic, as if you're preparing for a court case. For general situations, it's more common to say `他先动手的 (tā xiān dòngshǒu de - he started it)` or `我是为了自卫 (wǒ shì wèile zìwèi - I was acting for self-protection)`. Reserve 正当防卫 for when you are specifically claiming legal and moral justification.
• The Proportionality Trap: Ignoring 防卫过当 (fángwèi guòdàng): This is the single biggest pitfall for learners. You cannot understand 正当防卫 without understanding its counterpart, 防卫过当 (fángwèi guòdàng) - excessive defense. If your defensive measures are disproportionate to the level of threat, your actions are no longer “justifiable” and become a crime themselves.
  • `*Incorrect:*` He stole my wallet and ran, so I chased him and broke his leg. This was 正当防卫.
  • `*Explanation:*` This is wrong. The threat (theft) was over the moment he ran away. Chasing and injuring him is retaliation, not defense. Furthermore, breaking a leg is not proportional to having a wallet stolen. This would be a clear case of 防卫过当 or even intentional assault.

• 防卫过当 (fángwèi guòdàng) - Excessive defense. The direct legal consequence when defensive force is disproportionate to the threat. It is the opposite of 正当防卫.
• 自卫 (zìwèi) - Self-defense. A more general and less legalistic term. It simply means “to defend oneself.”
• 攻击 (gōngjī) - Attack; assault. The unlawful action that may trigger the right to 正当防卫.
• 挑衅 (tiǎoxìn) - To provoke; provocation. Often the act that precedes an attack. Provocation alone does not typically justify a physical response.
• 紧急避险 (jǐnjí bìxiǎn) - Emergency avoidance; necessity. A related legal defense where one causes a lesser harm to avoid a greater, imminent danger (e.g., breaking into a cabin to survive a blizzard).
• 刑法 (xíngfǎ) - Criminal Law. The body of law in which 正当防卫 is officially defined.
• 合法 (héfǎ) - Legal; lawful. An action that is 正当 is by definition 合法.
• 正义 (zhèngyì) - Justice; righteousness. Shares the character 正 and the core philosophical idea of being correct and morally upright.
• 还手 (huánshǒu) - To strike back; to retaliate. If you do this after an attack is over, it is not 正当防卫.