Connect with us

China Insight

Victim of Violence or Rage-driven Killer? BMW Owner Attacking a Bike Driver Stabbed to Death with Own Knife

The BMW driver pulled a long knife to stab the biker, but the knife killed himself instead.

Published

on

A road rage incident occurring in Kunshan, Jiangsu province, has become a trending topic on Chinese social media this week, when the driver of a BMW pulled a knife to attack a man riding a bike. Unexpectedly, it was the BMW driver who turned out to be a victim of his own violence. Is this a case of “self-defense” (防卫过当) or “intentional injury” (故意伤害)?

An incident in which a BMW driver hit a man on a bike was captured on surveillance cameras and attracted major attention on Weibo and Wechat this week.

Update: Video link here (YouTube) (NOTE! Viewer discretion advised, this video is the direct surveillance video and is not blurred.)

The incident occurred in the night of August 27 in Kunshan, Jiangsu, when a BMW switched from the car lane to the bicycle lane, colliding with a man driving his bike, who seemingly refused to give way.

Two men then stepped out of their BMW vehicle to confront the cyclist, with one man going back to his vehicle, suddenly pulling out a long knife.

The moment the BMW switches to the bike-lane is captured by surveillance cameras from one angle (the incident was captured from two different angles).

Circulating videos of the incident show that the BMW driver tries to attack the bike driver with the knife, the bike-driver (in white shirt) seemingly not fighting back.

Electric bike driver (white shirt) is attacked by the BMW driver with a knife.

In the midst of the fight, however, the BMW owner suddenly lets the knife slip out of his hands, after which the bike owner quickly picks it up. With the knife in his hands, he now starts attacking the BMW driver.

Tables are turned when the bike driver picks up the knife and goes after his attacker.

Various videos (another angle here) show how the bike driver runs after the man, hitting and stabbing him with the knife at least five or six times.

The electric bike driver hits the BMW driver with the knife for the fifth time.

When the police and rescuers arrived at the scene, the BWM driver had already died from his injuries, Kunshan authorities stated.

According to various sources, the man had been drinking before stepping into the car.

 

“I support the bike driver. He is not guilty; this is justifiable defense. He did well.”

 

In response to the incident, a hot discussion sparked on Chinese social media, where a main point of discussion was whether or not the stabbing, which led to the death of the BMW driver, could be called a “legitimate act of self-defense.”

Some netizens argue that the bike owner acted in self-defense, and therefore must not be held criminally responsible for his death. In doing so, many refer to Article 20 of the Criminal Law of the People’s Republic of China, which states that people who act out of “legitimate defense” to protect themselves against personal danger should not bear criminal responsibility.[1]

The question is whether the cyclist exceeded the necessary limits to defend himself.

In the Legal Evening News, lawyer Zhou Baomin (周保民), a partner of the Beijing Asia-Pacific Law Firm, states that the bicycle owner might in fact be held responsible for intentional injury and death.

Zhou argues that the video shows that the bicycle rider chases the BMW driver once he gets hold of the knife. At that point, the BMW owner clearly wants to escape, and is not attacking the man anymore – making the stabbing incident one of attack instead of defense.

Although the fatal stabbing is not visible in the videos, the bike rider stabs his attacker many times, which, according to lawyer Zhou, also goes beyond self-defense, since it would require a situation in which the one being attacked is powerless.

Zhou further states that causing deliberate injury leading to death is generally sentenced with more than ten years in prison or the death penalty. However, they add, the supposed fact that the cyclist is not committing a premeditated crime and that he does not own the lethal weapon, are factors that would be taken into consideration by the court.

Most netizens still feel sympathy for the bike owner, saying: ‘If you encounter such a situation, between life or death, the desire to survive will dominate everything. I think that the bicycle owner is not crazy. If he hadn’t defended himself, it would have been him who would have been stabbed to death instead.”

Many Weibo users express their hope that the man will not be punished too severely for his deed, with some even writing: “I support the bike owner. He is not guilty; this is justifiable defense. He did well.”

 

“There are very few purely good or bad people. Most people are neither very good nor very bad.”

 

The appearance and background of the BMW owner also seem to play a role in netizens’ perceptions of the events.

Various media sources report that the deceased man, who is now dubbed ‘BMW Guy’ (Bǎomǎ nán 宝马男), was the 36-year-old infamous ‘Liu Hailong (刘海龙), commonly known as ‘Brother Long,’ who was known to have a criminal record.

But in March of this year, this same man, as Sina News reports, also was allegedly rewarded a certificate of Justice and Courage (见义勇为奖励) from a Kunshan foundation for giving out valuable information to the police about drugs trafficking.

However, many Weibo users write: “Having a long knife in your car that you can use whenever needed – is that what you call being prepared to be brave and handle in the name of justice?!”

Or: “Still talking about his behavior being justified and courageous? Why not talk about him being jailed five times?”

And: “If a person like this, who has the habit of stabbing and driving while being intoxicated by alcohol, with a criminal record as thick as a book, still has recently gained recognition from the government [for his justice and courage], then this is not the tragedy of the people involved in this matter, it’s the tragedy of this country; a tragedy of society.”

But there are also those who express a more nuanced opinion, writing: “Come on, are you all primary school students? It’s not all black or white, not being a very good person doesn’t mean you are a bad person. Most people are grey; they have a good side and a bad side to themselves. There are very few purely good or bad people. Most people are neither very good nor very bad. Could we please discuss such matters in a slightly more mature way?”

This case is currently under police investigation. Meanwhile, the hashtag “Man Chasing Biker with Knife is Killed Himself” (#追砍电动车主遭反杀#) has gathered over 390 million views on Weibo today.

UPDATE: August 30 17:00 (China time):

A day later, this topic is still among the biggest topics being discussed on Chinese social media, as more information emerges on the cyclist in this story. What’s on Weibo was the first news blog to cover this topic in English (just sayin’!), but now other foreign news outlets are following with more information, too.

China Daily USA reports that the cyclist is a 41-year-old man by the name of Yu.

Meanwhile, photos are circulating that show that Yu has injuries to his face. Netizens, siding with the cyclist, are nicknaming Yu “the Terminator of Brother Long”:

Yu is currently being detained by police and has no life-threatening injuries. The hashtag for this incident has now received over 670 million views on Weibo.

UPDATE: CYCLIST IS ACQUITTED!

By Gabi VerbergManya Koetse, with contributions from Miranda Barnes

[1]”In order to protect the state, the public interest, the personal, property and other rights of the person or others from being illegally infringed upon, and causing damage to the unlawful infringer, it is a legitimate defense and does not bear criminal responsibility. Unlimited legitimate defense refers to violent crimes committed in the situation of serious dangers to personal safety, and the use of defensive behaviors, resulting in unlawful infringement of human casualties. […] If the defense exceeds the necessary limit and causes severe damage, it shall be criminally liable, but the punishment shall be alleviated or exempted.”

Spotted a mistake or want to add something? Please let us know in comments below or email us.

©2018 Whatsonweibo. All rights reserved. Do not reproduce our content without permission – you can contact us at info@whatsonweibo.com.

Gabi Verberg is a Business graduate from the University of Amsterdam who has worked and studied in Shanghai and Beijing. She now lives in Amsterdam and works as a part-time translator, with a particular interest in Chinese modern culture and politics.

Continue Reading
6 Comments

6 Comments

  1. Eric

    August 30, 2018 at 11:01 am

    “Justifiable defense” or “legitimate defense” is rarely seen in the law cases in China.
    Unless you are a Kungfu master and you are able to stop the thug without injuring him, you will have only two options:
    (a) keep yourself safe at once by injuring/killing the thug and let the “law” persecute you, or;
    (b) let the thug hurt you without any fight-back, and let the “law” connive at the thug.
    Now we see that the Chinese “law” is not protecting normal, law-abiding people. Instead, the law somehow becomes the criminals’ accomplice. Even if your life is threatened by intruders in your own room, the “law” is still very strict in granting you the right of justifiable defense.
    “When my life is threatened, the ‘law’ is absent; when I fight back to save or rescue myself or my family, the ‘law’ shows up at once.” says many Chinese netizens, feeling disappointed about their legislation and jurisdiction system.
    Because in China the most important thing is the authority’s power and reputation, not people’s lives…

Leave a Reply

Your email address will not be published. Required fields are marked *

China Digital

Key Players, Digital Trends & Deep Dives: China Internet Report 2021

SCMP just launched its latest China Internet Report. (And What’s on Weibo readers can get a 30% discount on the Pro Edition!)

Published

on

As China’s tech sector has been facing an ongoing crackdown by Beijing regulations, a lot has been changing in the country’s digital environment over the past year. The new China Internet Report 2021 by SCMP gives an overview of the latest trends and developments.

When it comes to China’s online landscape, nothing ever stays the same. Over the past year, political, economic, and social developments and measures have once again changed the Chinese digital environment.

Giving a comprehensive overview of the key leaders and major trends dominating the Chinese online field, South China Morning Post (SCMP) issued its fourth annual China Internet Report.

China’s internet population has now risen to 989 million – last year’s report indicated an internet population of 904 million. By now, there are 853 million mobile payment users, which indicates that over 86% of the entire mobile internet population uses mobile as a way to pay.

As China’s internet population is still growing, and new online startups are still popping up every day, there have been tightening regulations on multiple fronts.

As laid out in SCMP’s report, regulations mainly focus on the four areas of antitrust, finance, cybersecurity, and data privacy. Regulatory actions targeting the monopolistic behaviours of China’s biggest internet companies are still ongoing, and the new Data Security Law came into effect on September 1st of this year.

While Chinese tech companies are seeing increased scrutiny at home, they have also been facing intensifying geopolitical tensions between China and other countries. Over the past year, the various probes and shutdowns into Chinese companies by countries such as the US and India have meant a serious blow to the market share of Chinese apps.

Meanwhile, the SCMP report highlights the trend of various older and newer Chinese (e-commerce) apps “downplaying” their Chinese origins when entering foreign markets. Shein is a good example of this development, but other players including Zaful, Urbanic, and Cider are also experiencing more success outside of China while not explicitly marketing themselves as Chinese e-commerce apps.

Another noteworthy trend explained in the new report is how China’s shifting demographics are creating new niche segments to compete over. The COVID-19 crisis is partially a reason why China has seen an increase in senior internet users, with an increasing number of online products and content catering to the elderly.

China’s Ministry of Industry and Information Technology (MIIT) even issued special guidelines earlier this year for web pages and mobile apps to carry out so-called “elderly friendliness modifications.” Since this user group is still expected to see significant growth, the “silver economy” is an area that will only become more important in the years to come.

To check out all the main trends for 2021, China’s latest internet statistics, its top tech competitors, internet companies, and more, here’s a link to the free report.

The free report is 55 pages long and gives an overview of China’s latest internet numbers and players, covers the top cross-sector trends for 2021, including the tightening regulations and the bumpy road ahead for China’s tech IPOs.

The Pro Edition of China’s Internet Report 2021, also launched by SCMP, is 138 pages long and provides a deep-dive into ten relevant sectors – featuring insightful and useful analysis, data, and case studies relating to China’s e-commerce market, content & media, gaming, blockchain, fintech, online education, healthtech, smart cars, 5G, and Artificial Intelligence.

The China Internet Report Pro Edition is priced at US$400, but the team at SCMP has kindly reached out and made it possible for us to offer a special 30% discount to What’s on Weibo readers.

You’ll get the discount by using the discount code: WHATSONWEIBO30, or by clicking this link that will automatically include your discount code.

By Manya Koetse

Spotted a mistake or want to add something? Please let us know in comments below or email us. First-time commenters, please be patient – we will have to manually approve your comment before it appears.

©2021 Whatsonweibo. All rights reserved. Do not reproduce our content without permission – you can contact us at info@whatsonweibo.com.

Continue Reading

China Insight

Goodbye 996? Weibo Discussions on Changes in Overtime Work Culture

Beijing made it clear that working overtime is illegal, but netizens are concerned about the realities of changing working schedules.

Published

on

Many people are tired of being forced to log long hours, but are also worried about how a national crackdown on ‘996’ working culture could impact their workload and income.

In late August of 2021, China’s Ministry of Human Resources & Social Security (人社部) and the Supreme People’s Court issued a joint clarification on the country’s legal standards of working hours and overtime pay.

Their message was clear: the practices of ‘996’ (working 9am-9pm, six days per week) and ‘007’ (working 24 hours seven days per week, referring to a flexible working system worse than 996) are illegal, and employers are obliged to obey the national working-time regime.

On Weibo, China’s state broadcaster CCTV published a 10-minute long video illustrating the 10 typical cases of overtime work laid out by the ministry and the top court. The moment was marked as the first time for the state-owned broadcaster to publicly comment on overtime work practices.

The Weibo post pointed out that “striving for success is not a shield companies can use to evade legal responsibilities,” and made it clear that employees have the right to “say no to forced overtime.”

The topics of overtime work and China’s 996 work culture generated many discussions on Weibo, with the hashtag “Ministry of Human Resources & Social Security and the Supreme Court Clarify 996 and 007 Are Illegal” (#人社部最高法明确996和007都违法#) generating over 420 million views on the social media platform.

 
“Without implementation and enforcement, the law is useless”
 

The current labor law in China bars employees from working more than 44 hours a week, and any overtime work must be paid.

Although the 996 practice is technically prohibited by law, many companies still enforce the hours informally.

Many employees revealed online that, although the 996 practice is legally prohibited, they were nevertheless being assigned job tasks that exceeded the prescribed working hours.

“Just finished work,” one Weibo user (@介也没嘛) posted with this picture, showing it’s nearing 11PM.

“I wonder if the workload will decrease after all. If it doesn’t change, it means people will now have to work voluntarily,” one Weibo user commented.

People also indicated that, since the start of the pandemic, remote work has become a new norm. Many companies have moved from office to working at home, making it harder to draw the line between regular working hours and overtime hours.

“What really matters is whether working from home includes overtime hours,” one Weibo user wrote. Many netizens complained that their companies wouldn’t explicitly stipulate a 996 schedule; instead, most of them disguise the overtime hours as ‘voluntary’ work.


Many commenters say it takes more comprehensive legislation and tougher law enforcement to really solve the issue of overtime work.

“These regulations are good, but they are basically impossible to implement. Even if they ban ‘996’ and ‘007’ there is no way to regulate the so-called ‘voluntary work,’” one Weibo user wrote.

Some people said that their companies have various performance assessments and that they feared that refusing to work more hours would make them lose their competitive advantage: “The burn-out (内卷 nèijuǎn, ‘involution’) is severe. It is too difficult for us. I have only one day off during the week and I’m so tired,” one person commented.

 
“We don’t need those who comfortably work 8 hours”
 

China’s 996 work culture has been championed by tech leaders and denounced by workers for years, and it has become an unwritten standard – not just in the tech sector but also in other industries.

While working long hours has been ingrained in Chinese workplace culture since the early days of the country’s internet boom, it later also started to represent ‘a road to success’ for Chinese tech entrepreneurs.

Many Chinese netizens blame Alibaba’s Jack Ma for praising the ‘996’ work system. In 2019, Ma called the 12-hour working day a “huge blessing,” causing much controversy online. During his talk at Kyiv International Economic Forum, Ma said: “(..) ‘996 is the spirit that I encourage Alibaba people to follow. If you want to have a bright future, (..) if you want to be successful, you have to work hard.”

On another occasion, the tech mogul reportedly said: “If you join Alibaba, you should get ready to work 12 hours a day, otherwise why do you come to Alibaba? We don’t need those who comfortably work 8 hours.”

Jack Ma, the co-founder of Alibaba Group described 996 as a ‘blessing’.

However, after the shocking death of one Chinese delivery man working for food delivery platform Ele.me and the widespread discussions about the ‘996 ICU’ project – which called on tech workers to add names and evidence of excessive hours to a ‘blacklist,’ – the 996 work culture has come under increased scrutiny.

Some people argue that the overtime culture is draining employees and creating an unhealthy work-life balance; others argue that they work for themselves and believe that putting in extra hours will eventually translate to individual success.

While economic growth has slowed down during the pandemic, most companies are persisting with long working hours because they are under pressure to achieve results.

According to an online survey conducted by an influential tech blogging account (@IT观察猿), more than one-third of participants claimed to have one day off per week, and more than one quarter claimed they didn’t have any weekend days off.

 
“The workload is the same, but the income has reduced”
 

Starting from August 1st, ByteDance, the Chinese company behind the popular short-form video app TikTok, dropped its ‘big and small week’ (大小周) – a schedule that previously required employees to work six days in a row every other week.

ByteDance is not the only Chinese tech company that has begun to cut back on its long working hours. More and more companies have decided to drop grueling work schedules.

Kuaishou, another Chinese short-form video app company, stopped scheduling weekend work in July. Since early June, Tencent – China’s largest game publisher – has encouraged people to clock out at 6 pm every Wednesday.

Although these changes seem to signal a positive development, there are also many people who do not support the new measures. When Bytedance announced the changes to its working schedule, news came out that one-third of the employees did not support the decision (#字节跳动1/3员工不支持取消周末加班#).

Those relying on overtime pay said abolishing overtime work will cut their take-home pay by around 20%. Indeed, the first pay-out after the new implementation at Bytedance showed an overall drop of 17% in employees’ wages.

“The workload is the same, but the income has reduced,” one Weibo commenter complained.

One trending discussion on Weibo focused on the question “Do companies need to make up for employees’ financial loss after the abolition of weekend work?” Many comments revealed the situation faced by thousands of struggling workers who value free time but value their income more.

Many on Weibo still wonder whether a company that abolishes ‘996’ will come up with an alternative to compensate those employees who will otherwise inevitably lose vital income.

By Yunyi Wang

Spotted a mistake or want to add something? Please let us know in comments below or email us. First-time commenters, please be patient – we will have to manually approve your comment before it appears.

©2021 Whatsonweibo. All rights reserved. Do not reproduce our content without permission – you can contact us at info@whatsonweibo.com.

Continue Reading
Advertisement
Advertisement

Support What’s on Weibo

If you enjoy What’s on Weibo and support the way we report the latest trends in China, you could consider becoming a What's on Weibo patron:
Donate

Facebook

Advertisement

Contribute

Got any tips? Or want to become a contributor or intern at What's on Weibo? Email us as at info@whatsonweibo.com.

Popular Reads