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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.

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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.

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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…

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China and Covid19

‘Hard Isolation’ is Shanghai’s New Word of the Day

In line with a new ‘hard isolation’ measure, the entrances of some Shanghai residential buildings were fenced up.

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While some Shanghai households have already endured weeks of isolation, a new word was added to their epidemic vocabulary today: ‘hard isolation’ or ‘strong quarantine’ (yìng gélí 硬隔离)

The word popped up on Chinese social media on April 23rd after some Shanghai netizens posted photos of fences being set up around their community building to keep residents from walking out.

“New word: hard isolation. Shanghai is rotten to the core,” one commenter wrote.

The word soon turned into a hashtag page where people started commenting on the issue of fences being placed around residential buildings, voicing concerns on what a fence around buildings would mean for fire safety, especially after online rumors suggested that there had been a fire at one community in Pudong on Saturday night.

An official document regarding the ‘hard isolation’ measure was also shared online on Saturday. It is dated April 23, 2022, and its source is the Pudong New Area Office for Epidemic Control.

The document states that in line with the guidelines for the city’s epidemic prevention and control, the division between areas or zones that are in certain risk categories should be ‘optimized,’ with those in the high-risk category requiring a ‘hard isolation.’ Security guards should also be on duty 24 hours a day at the entrance of the buildings.

Earlier this month, Shanghai adopted “3-level control measures” after its initial phased lockdown. It means that local areas will be classified as “locked-down,” “controlled” or “precautionary,” based on their Covid19 risk.

“Could we also put fences around the homes of Shanghai leaders?”, one person suggested, while others posted images from the Walking Dead to mock the situation.

In the hope of Shanghai soon tackling the Covid situation, not everybody disagreed with the decision to fence some buildings or communities in the Pudong area: “I don’t disagree with it, as long as there is always someone there to open the fence in case of fire,” one person stated.

Although having a fence around their building is currently not a reality for most in Shanghai, the online photos of some communities seeing their buildings being fenced up is a reason to worry for some: “It’s been 40 days, and now they start hard isolation? This actually scares me. Before we know it, it’s June.”

One Weibo user asked: “Why is it possible to implement this hard isolation now? Was this created by the same persons who also implemented the rule to separate children from parents at isolation sites?”

“I truly can’t imagine why some people thought this is a good idea,” others wrote.

For more articles on the Covid-19 topics on Chinese social media, check here.

By Manya Koetse

Get the story behind the hashtag. Subscribe to What’s on Weibo here to receive our weekly newsletter and get access to our latest articles:

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.

©2022 Whatsonweibo. All rights reserved. Do not reproduce our content without permission – you can contact us at info@whatsonweibo.com.

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China and Covid19

‘Voices of April’: The Day After

“The best way to make videos go viral is by censoring them.”

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On April 23, a day after the video ‘Voices of April’ briefly took over social media before it was censored, the trending topic of the day is a hashtag related to new Covid cases reported in Shanghai.

Shanghai reported higher Covid-19 cases and deaths on Friday than the five days prior, which showed a daily decline in new cases. Shanghai reported a total of 23,370 new cases (including 20,634 asymptomatic ones), the municipal health commission said Saturday. A related hashtag by Xinhua News received over 910 million views on Weibo on Saturday (#上海新增本土确诊2736例无症状20634例#).

Although the hashtag was initiated by state media to inform about the Shanghai Covid situation, netizens started using it to criticize Shanghai’s handling of the crisis, with more commenters questioning China’s zero-Covid strategy. Similarly, other state media-initiated hashtag places also became online spaces where Weibo users vented their frustrations earlier this month.

Besides the ongoing online criticism and vocal disagreement with China’s Covid handling and policies, there are also many who express shock at the recent crackdown of any form of protest or criticism regarding the situation in Shanghai.

“‘Voices of April’ has been shutdown all over the internet, I’m simply dumbfounded,” one person said about the popular video that contained real recordings of events that happened during the city’s lockdown.

“If you still can find the video anywhere, forward it,” another person writes.

Besides Voices of April (四月之声), there have also been other videos over the past week that are meant to expose the mishandling of the Covid situation in Shanghai.

One of them is titled Farewell, Language (再见语言), another one is Shanghai Late Spring (上海晚春).

Farewell, Language (再见语言) is a 42-second sound art video by artist Yang Xiao (杨潇), who used over 600 commonly used propaganda phrases from Chinese official channels and randomly broadcasted the audio in the community where he lives.

The anti-epidemic workers just continue their work and do not seem to notice anything out of the ordinary at all. The video shows how this kind of language has been so normalized that for most, it has just become background noise in their everyday life – without even noticing nor critically assessing its meaning or logic anymore.

The Shanghai Late Spring (上海晚春) video is a compilation of video footage from the Shanghai lockdown, showing people struggling to get food, violent altercations between anti-epidemic workers and residents, people living in deplorable conditions in quarantine centers, and more (link to video).

The video uses the song Cheer Up London by Slaves, its chorus being:

You’re dead, already, dead, dead, already-ready
Dead, already, dead, dead, already-ready
Dead, already, dead, dead, already-ready
Dead, already, dead
.”

One Weibo commenter responded to the video in English, using a text from Les Misérables: “Do you hear the people sing / Singing the song of angry men / It is the music of a people / Who will not be slaves again!” The phrase “do you hear the people sing” was also used by other social media users to address the situation in Shanghai and the censorship of related topics.

“The best way to make videos go viral is by censoring them,” one commenter replied.

Read our previous article about ‘Voices of April’ here.

For more articles on the Covid-19 topics on Chinese social media, check here.

By Manya Koetse, with contributions by Miranda Barnes

Get the story behind the hashtag. Subscribe to What’s on Weibo here to receive our weekly newsletter and get access to our latest articles:

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.

©2022 Whatsonweibo. All rights reserved. Do not reproduce our content without permission – you can contact us at info@whatsonweibo.com.

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