DefeNsive ruliNg
– HAN RUBO (韩儒博)
【期刊名称】《汉语世界：英文版》 【年(卷),期】2018(000)005 【总页数】2
【关键词】交通事故; 法律解释; 中国; 司法建设
LAW TO SAFEGUARD CITIZENS FROM PROSECUTION HAS A CHECKERED PAST
A “road rage” incident involving a muscled thug in a BMW and a 41-year-old cyclist was always going to end badly. Many in China are surprised, though, that it was the aggressor, Liu Hailong, who ended up dead—and that prosecutors freed the cyclist from legal censure, since he had acted in self-defense.
The incident, captured on surveillance footage, began when Liu’s sedan hit Yu Haiming’s bicycle in Kunshan,Jiangsu province, on August 29. Brandishing a machete,an enraged (and drunk) Liu attacked Yu, but the cyclist managed to seize the knife and hacked Liu several times before police arrived; Liu later died at the hospital.
No prosecutor would relish trying to convince a jury that Yu should face jail for manslaughter, particularly after revelations of Liu’s long criminal record for assault and theft. Along with images of his heavily tattooed torso, this strongly suggested the “victim” was a violent career
DEFENSIVE RULING
