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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.

Gabi Verberg

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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.”

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

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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. Avatar

    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 Insight

Noteworthy Weibo Moment: Qingdao Government Account Shows Support for LGBT Community

“The best official account post I’ve ever seen on Weibo.”

Wendy Huang

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First published

Some netizens are moved to tears to see an official government account making a public statement in support of the gay community.

Just a day ahead of the 2019 International Day Against Homophobia, Transphobia, and Biphobia (May 17), a Qingdao government social media account has attracted the attention of Chinese netizens for showing support to the gay community.

On the night of May 15, the Information Office of Qingdao Municipal Government published the noteworthy post on its official Weibo account Qingdao Fabu (@青岛发布), which has over 3,8 million followers.

“In a world of equality, let all people turn away from homophobia” (“在平等世界里,让所有人不再恐同”), the post said, commenting on the recent trending news of a 15-year-old boy who came out as gay and posted a suicide note on his Weibo account.

The incident shows us the difficulty and hopelessness homosexual people are suffering. The world should be equal and free, and as the International Day Against Homophobia (#517不再恐同日#) is nearing, let’s call on the people around us to express our love of equality and kindness,” the post said.

Within a day after it was published, the Qingdao Fabu post was shared over 30,000 times and received more than 23,000 likes.

 

A Weibo Suicide Note


 

The Weibo user referred to by the Qingdao local government account had posted a lengthy letter on the night of May 14. Using an anonymous Weibo account (@用户7138253812), the author, identifying himself as a 15-year-old boy from Qingdao, came out as gay and shared his pain and grievances over the pressure he faced.

Because the boy wrote he wanted to “leave this world forever” and ended his post with a farewell, many people became worried about the boy’s mental state and whereabouts.

In the early morning of May 15, the official Weibo account of Qingdao Police (@青岛公安) posted an update, stating that the boy was found safe after running away from home.

Later that day, another post was published on the same anonymous account saying: “Thank you everyone, everything is fine.” The farewell note has since been deleted. See a full translation of the text below this article.

 

Qingdao Official Account Receives Praise


 

With its post supporting the young gay man and the LGBT community at large, the Qingdao Government official news account is receiving hundreds of comments praising them.

Besides their original post, the Qingdao government account also posted a total of nine different quotes relating to LGBT issues, including one from Taiwanese film director Ang Lee saying “There’s a Brokeback Mountain in everyone’s heart.”

Another one stresses the fact that homosexuality is not a mental illness, with yet another quote mentioning that the Netherlands became the first country in 2001 to legalize same-sex marriage.

The reposted quotes were originally published on the Weibo account of Sina Shandong (@新浪山东), the official Weibo account of Sina’s Shandong Province Branch.

As the Qingdao Weibo post is gaining more popularity on Weibo at time of writing, these are some of the popular comments below:

  • “This is so awesome for an Official Weibo account!”
  • “That an Official account would post this.. seeing this makes me tear up. I will always support equal rights.”
  •  “I’m crying, this was really sent out by an Official account.”
  • “This must be the best Official account post I’ve ever seen on Weibo.”
  • “Let’s give it up for Qingdao!”
  • “This means progress!”
  • “I’m not from Qingdao, but I will follow this account from now on. This [post] shows you have guts.”
  • “I feel proud to be from Qingdao.”
  • “I am so moved by your post. Thank you for your support. I hope your light will shine on all the people.”

Over the past few years, Chinese social media have seen many times when gay content was censored.

One important moment occurred in 2017, when the China Netcasting Services Association (CNSA, 中国网络视听节目服务协会) issued new criteria to strengthen regulations over online audio-visual content on Chinese platforms. One of the new regulations regarded the removal of online content that “displays homosexuality” (“展示同性恋等内容”), grouping homosexuality together with incest and sexual perversity as “abnormal sexual behavior.”

Although it is very noteworthy for an official government account to publish social media posts that strongly support the gay community, it is not the first time it has happened.

In July of 2017, the official account of the Communist Youth League of Fujian published a post that stated “Being gay is no disorder!” Many netizens at the time, like today, said the unexpected support moved them to tears.

Sometimes on Weibo, it’s the little posts about big matters that seem to matter the most – especially when they come from a government-run source.

 

Full Translation of Suicide Note


 

The suicide note in question has been deleted from Weibo, but The Beijing LGBT Center translated the text and posted it on its Facebook page.

Please note that the following translation is not a What’s on Weibo translation and that all credits for this translation go to the Beijing LGBT Center. Follow them on Facebook here:

I am from Qingdao and am a 15-year-old student from Laoshan No.8 Secondary School.

I am a homosexual. I never expected I would be able to utter this word.

Growing up a frail and meek boy, I am that ‘fem’ everyone is referring to. An easy target, bullied, assaulted, teased, abused, and shunned by classmates and teachers alike. This is how I grew up, and so did many other gay children. Naive as I was, I did not fight back or told anyone about my feelings. I was afraid, and am still afraid of this world. I acted strangely and they called me lunatic, but I know that was my only way to protect myself. After I tried in vain to fit in, I chose to close myself from this world, and this is how I lived my childhood.

By sheer luck, I had a short childhood. I started to realize what’s ‘strange’ with me in grade 5 or 6. I remember how I exulted when I first read about affirmative answers about gay on Zhihu (Chinese version of Quora). But I was soon overwhelmed by those derogatory, abusive, and hurtful answers. I cried the whole night and yet I put my mask back on the very next morning. What people saw as maturity in me was in fact avoidance and isolation.

Things got a little better in secondary school because I am a top student. There was less bullying but I reminded that fem guy teased and mocked at by everyone. Among the worst was my class teacher, Chen Feng. For two years he inflicted me with corporal punishments. Listening to him indoctrinating his banal views was pure suffering. I’ve got enough of his so-called masculinity values, his genders have their fixed roles, his homosexuals are modern perverts. Yet he is not alone among his peers and colleagues. I have had enough of my teachers’ cursing, smearing, ridiculing, and insulting anything related to gays. All their rubbish made me sick and isolated.

Gradually I become irritable and violent. I came out to my mother rather abruptly. Though she seemed to have acquiesced it, I was giving in to the pressure and thinking about ending everything. I have no idea what happened to me and I know choosing death is not courageous, but rather an act of cowardice. I chose to avoid my family and I knew my indifference and avoidance hurt them, especially my mom, the one person who loves me the most.

My father is a weak and arrogant scum and inflicted my mother her whole life. He broke down my door when I was most vulnerable and isolated and banged my head on the wall. At that moment, I only wished he could kill me. But he was stopped by my sister.

Just now, my so-called “family” once again stormed my room and hurled their most insulting curses at me. I realized that my mom might be the only person who can accept me in this world. Or maybe she was just pretending too.

This is not the first time I’ve thought about dying to end it all. Just a few days ago, I scaled high trying to leave all these sufferings. When I called my mom to hear her voice one last time, I hesitated, climbed down and wandered for miles away from home.

Now I have once again escaped from home with that scum’s phone in my hand. Yes, this account is my father’s. I want to tell the world what I’ve always wanted to say and to do. And then leave this world forever.

I understand living on might be the better choice. I could have a bright future and watch this world getting more open and inclusive. But I have had enough. I am sorry to have vented everything on here, and I am sorry to be so weak my entire life. I wanted to do something for this world but in reality, I can do nothing. I know, China will not have its own Stonewall; its people can put up with anything. I am losing control of emotion…

I apologize for my cowardice. To be honest, I am not innocent. But even if I had the courage to change the world, a stab in the back could have easily killed me. I have chosen to solve the radical question with the radical way.

I love you all, the kind and beautiful people of conscience, I trust you to make the world better. If there were a heaven, I will send my blessings…I wish my story will be a faint voice to your fight.”

Also read:
* Communist Youth League: “Being Gay is No Disorder!”
* Why the Gay Kisses in ‘Bohemian Rhapsody’ Won’t Make It to Chinese Cinemas
* Weibo Administration: “We’re No Longer Targeting Gay Content”
* China’s Online Gay Revolution and Rainbow Warrior Geng Le

By Wendy Huang and Manya Koetse

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China Insight

Zhejiang Movie Theatre Displays Blacklisted Individuals in Avengers Movie Preview

A special ‘trailer’ before the Avengers movie premiere showed the audience blacklisted individuals.

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A local movie theatre in the city of Lishui, Zhejiang province, showed a noteworthy ‘trailer’ before the Avengers: End Game premiere on April 24.

Chinese state tabloid Global Times reports that the sold-out premiere had a ‘surprise’ moment just before the movie was about to start: a short Public Service Announcement by the Liandu district court of Lishui displayed people who are currently on a ‘debt dodging black list.’

The short film also informed the cinema audience of potential consequences of being on a blacklist, including no traveling abroad, and no traveling by air or on high-speed trains.

According to Global Times, the local district court has registered a total of 5478 people on its blacklist since 2018.

The names and faces of more than 300 people on this list have reportedly been displayed on cinema screens, public LED screens, and on buildings. Allegedly 80 of them have since complied with court orders.

As part of China’s emerging Social Credit system project, there are public court-issued lists of ‘trust-breaking enforcement subjects’ (信被执行人名单), referring to people or companies who have failed to comply with court orders.

Individuals on the judgment defaulter blacklist system run by the court system, whose information is publicized, can risk having their photos and names displayed on local LED screens on courthouses or other buildings (Dai 2018, 26).

Blacklisted individuals on a Wuxi building (via Phoenix News).

Beyond that, they will face restrictions in various ways, from being denied bank credit to being restricted from staying in high-end hotels or traveling by air.

On Weibo, the Global Times post on the noteworthy cinema preview received over 4000 shares. The same news was also reported by CCTV and Phoenix News.

Some commenters joke about the Public Service Announcement, saying: “Blacklisters [can now say]: Mum! I was on TV! On a big IMAX screen! Together with the Avengers!”

Others leave comments in support of the measure, calling it “creative,” and saying: “This is good, we should implement this all across the country.”

“Blacklisters should be displayed on all kinds of platforms.”

“This is for people to lose on their social credit,” another commenter writes: “If you don’t want to ‘socially die’ then just fulfill your duties.”

But not everyone agrees. “People are buying a movie ticket to see their film,” one person says: “They suddenly get exposed to this kind of content that has nothing to do with them, what about their rights as a consumer?”

By Manya Koetse

References

Dai, Xin, Toward a Reputation State: The Social Credit System Project of China (June 10, 2018). Available at SSRN: https://ssrn.com/abstract=3193577 or http://dx.doi.org/10.2139/ssrn.3193577 [5.3.19].

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©2019 Whatsonweibo. All rights reserved. Do not reproduce our content without permission – you can contact us at info@whatsonweibo.com

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What’s on Weibo provides social, cultural & historical insights into an ever-changing China. What’s on Weibo sheds light on China’s digital media landscape and brings the story behind the hashtag. This independent news site is managed by sinologist Manya Koetse. Contact info@whatsonweibo.com. ©2014-2018

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