The wife was knocked down while riding an electric bicycle after being overtaken by a vehicle from behind. When the husband saw the driver attempting to flee, he grabbed the driver's handlebar, causing him to fall and get injured. The driver then claimed over CNY 400,000 in compensation. How did the court rule?

[Case Review]

One evening during the peak commute hour, Mr. Li and his wife, Ms. Chen, were riding their electric bicycles home from work in tandem. Suddenly, a speeding electric bicycle overtook from behind and knocked Ms. Chen down. However, the driver, Qian, made no attempt to stop and continued riding away as if nothing had occurred. Upon seeing this, Mr. Li quickly grabbed Qian's handlebar. Losing balance, Qian's electric bicycle tipped over to the right, causing him to fall and sustain a leg fracture.

The traffic police determined that Qian had consumed half a bottle of beer before the accident and had attempted to flee. According to the traffic accident determination report, Qian was found fully liable for the accident involving Ms. Chen. Subsequently, Qian sued Mr. Li, demanding compensation for medical expenses, nutritional costs, charge for loss of working time, and other damages, totaling over CNY 400,000.

[Case Study]

The Shanghai Yangpu District People's Court (hereinafter referred to as "the Court"), after reviewing the case, held that according to the self-help behavior system outlined in the Civil Code of the People's Republic of China, victims are allowed to take self-help measures when their lawful rights are violated under emergent circumstances that preclude immediate state intervention, and failing to act reasonably would result in irreparable harm.

In this case, after drinking, Qian caused the accident and attempted to flee. Mr. Li, in an effort to assist his wife and prevent Qian from escaping, stopped Qian, which was entirely within the reasonable scope of self-help behavior. Even though this resulted in Qian's injury, Mr. Li is not liable for compensation. Therefore, the Court ruled to dismiss all of Qian's claims.

 I. The Self-Help Behavior System as a Legal Safeguard for Victims' Lawful Rights and Interests

Self-help behaviors are applicable in situations where an individual's lawful rights and interests are violated under emergent circumstances that preclude immediate state intervention, and failing to act reasonably would result in irreparable harm. The victim is allowed to take proportionate measures, such as temporarily securing the infringer's property, within the necessary scope to protect their lawful rights and interests.

Self-help behavior, along with justifiable defense and urgent danger prevention, constitutes private remedy, which is a legal safeguard granted to citizens to protect their lawful rights and interests.

II. Subjects and Methods of Self-Help Behavior Can Be Appropriately Expanded by Law

Generally, self-help behavior can only be carried out by the victim themselves to protect their lawful rights, typically through measures such as property retention. However, in specific circumstances, both the subjects and methods of self-help behavior may be appropriately expanded. Regarding the question of who has the authority to implement self-help, individuals who have a relevant or consistent interest with the victim may also exercise self-help behavior, such as parents of minors or employees performing duties within their authority. Regarding the method of implementation, in addition to property retention, temporarily restricting the infringer's departure and promptly notifying law enforcement also fall within the reasonable scope of self-help behavior.

In this case, Mr. Li and Ms. Chen are married. Upon seeing his wife injured in the accident, Mr. Li intervened to stop the driver in order to protect their shared marital interests. This aligns with the principle of interest consistency and qualifies as permissible self-help behavior. Mr. Li's action meets the requirements for self-help behaviors and should be exempt from liability, without the need to bear the corresponding compensation responsibility.

¡¤       III. The Application of Self-Help Behavior System Must Be Exercised within Reasonable Scope

Article 1177 of the Civil Code of the People's Republic of China explicitly establishes self-help behavior as a legal defense and excuse for tort liability for the first time in civil legislation. It outlines five conditions for its application: (i) there must be an unlawful infringement, (ii) it must be for the protection of one's lawful rights, (iii) the situation must be urgent, making it impossible to request public remedy in time, (iv) the measures taken must not exceed what is necessary, and (v) it must be permitted by law or align with public order and good morals.

Reasonable self-protection in the face of unlawful acts is a legitimate right granted by law. In this case, Qian's overtaking caused Ms. Chen to fall and get injured, constituting an unlawful act. Her husband, Mr. Li, acted in self-defense by stopping Qian, given the emergency situation and the potential inability to obtain assistance afterward. Since Mr. Li did not engage in any excessive actions after stopping Qian, his measures were deemed reasonable.

Critically, to ensure the lawful and proportionate nature of self-help behaviors, the relevant state authorities should be immediately requested to intervene after the self-help behaviors are completed, in order to uphold justice and punish the unlawful act.

[Representative Comments]

Xue Meigen, a deputy to the Shanghai People's Congress and the Secretary of the Party Committee and President of the Shanghai Urban and Rural Construction and Transportation Development Research Institute

Self-help behavior is typically an action taken by the obligee to protect their lawful rights and interests in an emergency by adopting appropriate measures for remedies. Its application in previous judicial practices has been relatively limited. In this case, the wife was knocked down and fell, and the perpetrator had attempted to flee. If the husband had not promptly stopped the perpetrator and had allowed the unlawful act to continue, his wife would have been responsible for the physical injuries and property damage. From the perspectives of legal fairness, public interest balance, and social morality, the husband's action of stopping the perpetrator is undoubtedly a positive behavior. Even if it caused harm to the perpetrator, he should not be liable for compensation.

The Court explained the husband's actions using the self-help behavior system, fully considering the legality and extensibility of self-help behaviors. This not only upheld fairness and justice but also achieved a harmonious balance between legal and social effects, providing a valuable reference for similar disputes in the future. At the same time, the ruling in this case also guides the public to appropriately and reasonably use legal means to defend their rights when facing complex situations. Such cases should be widely publicized to help more people understand the law, abide by the law, protect the law, and use the law, thus creating a better rule of law society.

[Relevant Laws]

Civil Code of the People's Republic of China

Article 1177: If an individual's lawful rights and interests are violated under emergent circumstances that preclude immediate state intervention, and failing to act reasonably would result in irreparable harm, the victim is allowed to take proportionate measures, such as temporarily securing the infringer's property, within the necessary scope to protect their lawful rights and interests. However, they must immediately request the relevant state authorities to handle the matter.

If the victim's actions cause harm to others due to improper measures, they shall be liable for the infringement. ‌

(Case prepared by: Xi Yi, Yan Danchi, and Bao Han from the Yangpu District People's Court)