The First Case in Mainland China Where a Person Was Acquitted for Resisting Forced Demolition That Led to a Death: What Does It Mean?

Illustration: CCP Police Vehicle (China Photos/Getty Images)

[People News]  A landmark case has emerged in the jurisdiction of the Chinese Communist Party (CCP), where an individual who resisted a forced demolition resulting in death has been found not guilty. This incident took place in 2023 in the Zicun area of the Xixian New District in Shaanxi Province, where "more than ten individuals armed with weapons broke in to forcibly demolish, and the homeowner Zhang Heng and his son fought back," leading to "one death and three injuries among the demolition personnel." On August 7, the Qin District Court in Xianyang City, Shaanxi Province, ruled that "the homeowner acted in legitimate self-defense and was acquitted according to the law," with the judgment set to take effect on August 18.

In addition to the homeowner who engaged in what is termed "counter-killing" being acquitted, three of the demolition workers received sentences ranging from one to two years in prison, while seven others were given suspended sentences. State media, which has prominently reported on this case, stated, "Illegal demolition has severely infringed upon the residential rights and personal safety of the parties involved," and emphasized that "more should be done to support those who have faced illegal forced demolitions... this reflects the compassion that the law should embody."

However, it took the CCP's judicial department decades of violent forced demolitions to arrive at this basic understanding. In this context, state media openly noted that in all previous cases of self-defense resulting in death, the prosecution typically viewed the outcome of causing death as exceeding the harm caused by the illegal act, categorizing it as "excessive self-defense." This is also why this "first case" took three years to reach a verdict.

The official media presents its arguments in a seemingly flawless manner. However, the crucial question is: why would judicial decisions in such cases suddenly change today? This is particularly significant when human lives are at stake. If the ruling on 'excessive defense' has always been incorrect, why has it persisted for so long? Conversely, if the ruling on 'justifiable defense' is indeed correct, why is there a sudden push for correction now?

In reality, this correction is not driven by genuine intent. When has the Chinese Communist Party (CCP) ever acknowledged its errors? The official media has even fabricated a rationale, claiming 'each case is different, and circumstances vary.' Yet, the law is meant to be universally applicable; do similar cases require one judgment today and a different one tomorrow? Can it be that in murder cases, one is guilty today and innocent tomorrow? Thus, the introduction of this 'first case' is undoubtedly a calculated move by the CCP.

For decades, the CCP has resorted to extreme measures to requisition land and forcibly demolish homes. Acts of violence, destruction, and cutting off utilities are merely 'appetizers' before the main event. As early as 2012, a report by 'Amnesty International' titled 'Defending Home - Thousands of People in China Face Violent Land Requisition and Demolition' highlighted that within two years, among 40 forcibly demolished cases investigated in mainland China, 9 individuals died as a result of resistance; additionally, there were 41 cases of protesters self-immolating. In summary, since that time, an increasing number of individuals have faced beatings, harassment, imprisonment, and even death during forced demolitions. The methods of death have been particularly gruesome, with incidents of individuals being shot or run over by vehicles of public authorities showing a significant rise in 2012.

This situation arises in the context of the Chinese Communist Party (CCP) having already implemented the "Regulations on the Expropriation and Compensation of Houses on State-owned Land" and the "Emergency Notice from the General Office of the State Council on Further Strict Management of Land Expropriation and Demolition Work to Effectively Safeguard the Legal Rights and Interests of the Masses." An article that has been censored, titled "How Does Forced Demolition Assert Itself in China?" notes that while people facing forced demolitions possess these "two major tools or weapons," the rampant forced demolitions continue unabated due to law enforcers' "failure to implement and enforce" the law.

Law enforcers blatantly disregard the law, as "forced demolition is essentially a factory for some people's official hats." The real estate sector has consistently been a lucrative industry under the CCP's control, where "officials and businessmen collude, and in the face of enormous profits, they act without scruples." The more officials engage in forced demolitions, the more likely they are to "achieve impressive political results" and "advance their careers."

The judiciary in mainland China has long been subservient to the CCP, receiving directives that prioritize the interests of the powerful and corrupt. Courts are likely to ignore the egregious acts of forced demolitions that result in injury, disability, or death. Even if there is resistance under pressure, when faced with counterattacks from those resisting, the courts will often rule against them, charging them with "intentional injury or murder" and imposing death sentences. When courts at all levels fully comply with their master, the CCP, rather than upholding fairness, justice, and truth as their guiding principles, it is not surprising that the same murder case can be judged guilty one day and not guilty the next.

Given the current circumstances, the era of quietly amassing wealth through forced demolitions and land requisitions is now a thing of the past. Today, the Chinese Communist Party (CCP) has driven away foreign investment and forced wealthy individuals to flee, and the land that was seized through years of forced demolitions is no longer waiting for a "white knight" to take over. Reports of unsold land at auctions are emerging even from first-tier cities and prime locations, and with an increasing number of cities experiencing "Hegang-ization," the CCP's financial backbone—real estate—is showing signs of impending collapse.

If forced demolitions fail to generate profit for the CCP, those who carry them out inevitably become victims themselves. More critically, the decision to acquit the first anti-violence protester who caused a death was made in August, coinciding with a widely sympathized revenge incident in Henan, where the counter-killer was once again apprehended by the CCP.

Whether this "Xiping Hero" killed the "village bully" who murdered his father or hired someone to assault his neighbor, public sentiment has recently shifted overwhelmingly in favor of the killer, with many expressing outrage at the elderly pear seller who reported his hiding place for CCP rewards. This has instilled fear within the CCP. The current regime is like a frightened bird, unable to withstand any surge of public opinion.

Following the re-arrest of the "Xiping Hero," many netizens remarked: "I've never seen so many people united in voice and spirit." "Xiping County has become a national sensation." "He did nothing wrong; ... who would resort to violence if not pushed to the edge?" "When good people are driven to desperation, they must take matters into their own hands!" "I hope local lawyers can assist him; this is legitimate self-defense!"

The phrase 'justifiable defense' can make the Chinese Communist Party (CCP), which is used to convict those who claim such a defense, feel extremely uneasy. Who exactly did 'Xiping Daxia' kill, and what was the motive behind it? If the answer ultimately points to 'loyalty,' resistance to violence, and the people's uprising against oppressive officials, the CCP will never disclose the truth. Without revealing the truth, they cannot effectively suppress 'rumors.' Furthermore, the 'far ahead prophecy' will only serve to further undermine the CCP's credibility. To silence dissent and cover up situations that threaten the regime's stability, the CCP can only attempt to control the narrative and create another issue that can help rehabilitate or beautify its image.

The question remains: will this strategy be effective? Can a body that is full of holes and on the brink of collapse be made pristine with just one wash, or appear shiny and attractive with just one polish? The CCP, which operates above the law, wields power through force and has written a bloody history of murder. In its quest to kill, the CCP has spent decades fabricating wrongful convictions, leading to the unjust deaths of countless innocent and good people. The public has long suffered under the tyranny of the CCP and has been eagerly awaiting the arrival of judicial justice that is free from CCP control.

Now, after three years of dragging out a lawsuit, a verdict has finally been reached due to the CCP's self-serving needs. Will the public then feel grateful and see hope for fair treatment in the future?

For many years, the Chinese Communist Party (Zhōnggòng) has employed an iron fist to intimidate the Chinese populace, compelling ordinary citizens to submit and endure violence. However, with the first acquittal for acts of anti-violence retaliation, the costs associated with the CCP's violent methods of maintaining stability are bound to rise. Once people experience the benefits of resisting violence, the new grievances and longstanding resentments that have built up in their hearts due to oppression by both high-ranking and low-ranking officials could be ignited and explode in various regions. This indicates that the CCP's current approach of tearing down the eastern wall to reinforce the western wall has also created deeper hidden risks for itself.

(First published by the People News) △