On February 17, the weibo news that Yu Zhao had done boldly what is righteous but he was detained for 14 days, aroused wide attention and heated discussion on the Internet.Yu Zhao acted in self-defense legally and the Jin’an District People’s Procuratorate decided not to prosecute, according to a statement posted by the official weibo of Fuzhou police office in the small hours of February 21.The event did not end because of the procuratorate’s decision not to prosecute. On the contrary, this is the beginning of Yu Zhao to safeguard legal rights.

The legal knowledge behind the decision not to prosecute:

According to the provision of article 37 of the criminal law and the provision of paragraph 2 of article 177 of the criminal procedure law, the decision of the procuratorate not to prosecute is discretionary non-prosecution, that is, the procuratorate considers that Yu Zhao’s act is suspected of a crime, but the circumstances of crime is minor and there is a plot of surrender, so the penalty is exempted.

The decision of discretionary non-prosecution only means that Yu Zhao does not need to bear criminal punishment but he still needs to face the risk of bearing the corresponding civil liability for compensation.If Yu Zhao is not satisfied with the reasons for the decision, he may appeal to the procuratorate that made the decision.

Compared with the ‘ Kunshan anti-killing case’, Yu Zhao’s case belongs to a more typical justifiable defense case.Yu Zhao had nothing to do with Ms. Zou and Mr. Li. As a neighbor, Yu Zhao found that Mr. Li was carrying out violent acts which were endangering Ms. Zou’s life in the same residential building. In order to prevent Mr. Li’s violent acts, Yu Zhao overthrew Mr. Li with his bare hands, resulting in the physical injury of Mr. Li.In Kunshan anti-killing case, Hailong Liu died as a result of Yu’s self-defense and continuous chasing and slashing with a knife.After the comparison, Yu Zhao’s defensive intention is more obvious because of doing boldly what is righteous, and his behavior should be tolerated and encouraged by legislation.

After Yu Zhao’s case, how should we do boldly what is righteous?

Firstly, intervene in advance.Taking stopping the interference of bus running as an example, ask the passenger making dispute the reason and solve the contradiction by persuasion or help.Taking neighbor’s violence as an example, it can be solved by calling the police or telling the neighborhood committee.

Secondly, make a sound to scare him.Taking stopping sexual harassment on the vehicle as an example, in general, in this case we raise our voice to stop him, which applies to theft on a vehicle similarly.

Thirdly, call the police.It will take some time for the police to come to the scene, but the victim is still being harmed. If it is beyond your ability to stop the illegal infringement, please choose a safe location and record the whole process of the scene. This evidence can help the victim protect his/her rights in the future.

Fourthly, preserving evidence.Ask people around you to record your actions.

Fifthly, find out the legal safeguards afterwards.At present, the legislation of doing boldly what is righteous is blank.In fact, the Supreme People’s Court has proposed that the legislative institution should timely issue the identification standard of excessive defense, the principle of punishment and the legal application standard for the disputes related to doing boldly what is righteous, to encourage justifiable defense and protect the lawful rights and interests of people who do boldly what is righteous.Since 2012, the government of Guangdong province has issued a number of documents concerning rewards, guarantees and confirmations for people who do boldly what is righteous,and they can consult the local civil affairs bureau to learn about local regulations.

Sixly, consult the professional lawyer to solve the legal problems arising after doing boldly what is righteous.

More individual disputes of doing boldly what is righteous are the opportunity for the system to march towards justice.Under the background of legal system safeguard, the author think that, doing boldly what is righteous must still be!