张恒:反强拆致死案Zhang Heng: Anti-Demolition Case
面对非法强拆,反击算正当防卫吗?When the demolition itself is illegal, is fighting back self-defense?
一、当事人与背景:资村、文旅项目与一纸谈不拢的补偿协议1. The People and the Background: Zicun Village, a Tourism Project, and a Compensation Deal That Never Closed
张恒,陕西省咸阳市西咸新区钓台街道资村村民,与父亲张三报同住。公开报道没有给出他的年龄与职业细节——他不是名人,也不是活动人士,只是一个在自家宅院里过日子的普通村民。本站如实说明:关于他的早年、家庭构成(除父亲外)、生计来源,国内媒体报道均未涉及,本页不作任何推测。这个“普通”,恰恰是本案进入本站档案的原因:迫害与不公落到普通人头上的样子,往往就是一纸谈不拢的协议,和一个清晨六点被撞开的大门。
事情的起因是征收。据多家国内媒体报道,资村一带因文旅项目开发推进房屋征收,张恒一家始终未与征收方就补偿达成协议。按照中国的法律框架,征收须有合法手续:征收决定、补偿方案、协商不成时还须经行政裁决乃至法院裁定强制执行。任何一环缺失,任何人不得破门进院。张家没有签协议,任何法院也没有作出过准予强制执行的裁定——这是后来法院判决反复确认的事实前提。在这个前提下,2023年4月1日清晨发生的事,从一开始就不在“拆迁纠纷”的范畴里:它是一次没有法律外衣的入户暴力。征收方为什么敢绕开全部程序?报道没有给出答案,但地方开发的时间表、补偿谈判的僵局与基层治理中“先拆再说”的惯性,是这类事件反复上演的共同土壤。
Zhang Heng is a villager of Zicun, under the Diaotai Subdistrict of Xixian New Area, Xianyang, Shaanxi, who lived with his father, Zhang Sanbao. Public reporting gives neither his age nor his occupation — he is neither a celebrity nor an activist, only an ordinary villager living in his own courtyard house. This page states plainly: domestic media reports cover nothing of his early life, family composition beyond his father, or livelihood, and nothing here is guessed. That very ordinariness is why the case belongs in this archive: the way injustice lands on an ordinary person's head is usually one unsigned agreement, and one gate smashed open at six in the morning.
The cause was land acquisition. According to multiple domestic media reports, housing acquisition in the Zicun area was being pushed for a cultural-tourism development project, and the Zhang family never reached a compensation agreement with the acquiring party. Under China's own legal framework, acquisition requires lawful procedure: an acquisition decision, a compensation scheme, and — where negotiation fails — administrative rulings and ultimately a court order permitting enforcement. If any link is missing, no one may break into a home. The Zhangs signed no agreement, and no court ever issued an enforcement order — a factual premise the later judgment confirmed repeatedly. On that premise, what happened at dawn on 1 April 2023 was never within the category of a 'demolition dispute' at all: it was a home invasion without any legal clothing. Why did the acquiring side dare to bypass every procedure? Reporting gives no answer, but local development timetables, deadlocked compensation talks, and the grassroots governance habit of 'demolish first, talk later' are the common soil in which such incidents recur.
二、2023年4月1日清晨:破碎机撞门、十余人持械入户2. Dawn, 1 April 2023: A Breaker Vehicle at the Gate, a Dozen Armed Men Inside
2023年4月1日清晨约六点,十余名人员来到张家院外。他们没有出示任何合法手续。据第一财经2026年8月的复盘报道,这伙人持防爆叉、橡胶棍等器械,还有车辆(破碎机)撞击院门,暴力破拆院门、房门,闯入张恒与父亲张三报的住宅,实施强拆。人在睡梦中被撞门声惊醒,面对的是人数十倍于己、且持有器械的入侵者——后来法院认定正当防卫时,特别强调的正是这一刻的处境:封闭空间、清晨突袭、力量悬殊、侵害正在进行,防卫者没有从容计算反击分寸的条件。
冲突在极短时间内结束。张恒持自制长矛反击(多家报道一致),强拆人员石某当场死亡,另有三人受伤。张恒父子随即成为刑事案件的当事人——但请注意案件最初的定性:死人的那一方被记为“受害者”,入户的那一方反倒成了原告。张恒被以涉嫌故意伤害罪(致人死亡)羁押。现场并非没有证据:院落监控完整记录了破门、入户与冲突的全过程。这段监控日后成为法庭上最关键的证据——它先于任何口供,回答了一个问题:这一天早上,究竟是谁闯进了谁的家。
本站必须把这一节的因果关系写清楚,因为它是全案的枢纽:十余人无手续、清晨、持械、驾车撞门入户,这不是“执法受阻”,这是刑法意义上的不法侵害,正在进行时。如果没有这个清晨,就没有张恒的反击,没有石某的死亡,没有后来三年多的诉讼。一条人命的代价,首先记在下令与组织这次非法强拆的人头上。
At about six in the morning on 1 April 2023, more than ten men arrived outside the Zhang family courtyard. They produced no legal authorization of any kind. According to Yicai's August 2026 retrospective, they carried riot forks, rubber batons and other implements, used a vehicle (a breaker) to ram the courtyard gate, violently smashed through the courtyard and house doors, and forced their way into the home of Zhang Heng and his father Zhang Sanbao to carry out a demolition. People woken by the sound of their gate being rammed faced intruders outnumbering them many times over and carrying weapons — and when the court later recognized self-defense, it emphasized exactly this moment: an enclosed space, a dawn surprise attack, a gross disparity of force, an assault in progress, and no conditions for a defender calmly to calibrate his response.
The clash ended within moments. Zhang Heng fought back with a homemade spear (consistently reported), and one demolition man, surnamed Shi, died on the spot; three others were injured. Zhang and his father immediately became parties to a criminal case — but note the initial framing: the side with the dead man was recorded as the 'victim,' and the side that had broken in became the complainant. Zhang Heng was detained on suspicion of intentional injury causing death. The scene was not without evidence: the courtyard surveillance camera recorded the entire sequence — the ramming, the entry, the clash. That footage later became the single most important evidence in court: before any testimony, it answered one question — on that morning, who had broken into whose home?
This page must set out the causation of this section clearly, because it is the hinge of the whole case: more than ten men, without documents, at dawn, armed, ramming a gate with a vehicle and forcing entry — that is not 'obstructed law enforcement'; it is an unlawful assault in progress within the meaning of criminal law. Without that dawn, there is no counterattack by Zhang Heng, no death of Shi, and no three years of litigation. The price of one human life belongs first on the heads of those who ordered and organized that illegal demolition.
三、羁押与起诉:一关就是两年九个月3. Detention and Prosecution: Two Years and Nine Months Behind Bars
案发后,张恒被羁押,以涉嫌故意伤害罪接受调查、审查起诉与审理。他的处境是中国刑事案件中弱势被告的典型样本:一个村民,对抗的是有组织的强拆一方和随之而来的公诉机器。他的辩护律师张敬辉后来对媒体透露,张敬辉是他的第三位辩护人——前两位律师都曾建议张恒认罪。这个细节值得放大看:在“认罪换轻判”几乎成为默认选项的司法环境里,一个被关押的人拒绝认罪,意味着拒绝用确定的轻判换不确定的无罪希望,意味着可能还要在看守所里熬过一个又一个延宕。张恒的选择是:不认。他始终坚称自己是正当防卫。
案件为什么拖了三年多?第一财经的报道给出了关键一句:张恒案“因为在正当防卫和故意伤害之间存在不同意见而延宕至今”。办案机关内部对定性有分歧——认定故意伤害,张恒是杀人者;认定正当防卫,张恒无罪且强拆方有罪。分歧的每一天,张恒都在看守所里度过。从2023年4月1日案发算起,他失去自由的时间长达两年九个多月,超过一千天。这期间他的案件悬而未决,父亲张三报的处理结果、家宅被毁后的家人生活,公开报道几乎只字未提(本站标注:未见公开报道,不臆测)。
与他形成鲜明对照的是强拆一方的程序进度:直到2025年1月,参与强拆的十名被告人才被另案判决。也就是说,在长达近两年的时间里,入户的一方尚未被刑事追责,而在家防卫的一方已经关了一年九个月。这种时间差本身就是一种惩罚——无论最后判什么,先关三年,就是许多普通人承受不起的代价。
After the incident, Zhang Heng was detained and investigated, prosecuted and tried on suspicion of intentional injury. His position was the classic one of a weak defendant in a Chinese criminal case: one villager, facing an organized demolition party and the prosecution machinery that followed. His defense lawyer Zhang Jinghui later told the media that he was Zhang's third lawyer — the first two had both advised Zhang Heng to plead guilty. That detail deserves to be dwelt on: in a judicial environment where 'pleading guilty in exchange for leniency' is close to the default, a detained man who refuses to plead is refusing to trade a certain light sentence for an uncertain hope of acquittal, and is choosing to endure delay after delay in a detention center. Zhang's choice was: not guilty. He insisted throughout that his act was self-defense.
Why did the case drag on for more than three years? Yicai's report gives the key sentence: the Zhang Heng case 'was delayed until now because of differing opinions between self-defense and intentional injury.' Inside the handling organs, the characterization was disputed — call it intentional injury, and Zhang was a killer; call it self-defense, and Zhang was innocent while the demolition party was criminal. Every day of that dispute, Zhang Heng spent in a detention center. From 1 April 2023, he lost his freedom for more than two years and nine months — over a thousand days. During that time his case hung unresolved, while public reporting said almost nothing about the handling of his father Zhang Sanbao or the family's life after their home was wrecked (this page notes: no public reporting found; no speculation).
The contrast with the demolition side's procedural pace is stark: only in January 2025 were the ten demolition defendants sentenced in their separate case. In other words, for nearly two years the side that had broken into a home had not yet been criminally held to account, while the side that had defended itself at home had already been locked up for a year and nine months. That time gap is itself a punishment — whatever the final verdict, three years inside first is a price most ordinary people cannot afford.
四、强拆方的判决:2025年1月,十人犯故意毁坏财物罪4. The Demolition Party's Verdict: January 2025, Ten Men Convicted of Intentional Destruction of Property
2025年1月,参与2023年4月1日强拆的十名被告人被法院以故意毁坏财物罪定罪,处以缓刑或者两年以下有期徒刑(第一财经报道)。这份判决的法律意义不在于刑期长短,而在于定性:法院以生效判决的形式确认,那天清晨的行为是犯罪行为,而不是“工作”“执法”或“纠纷”。审理中,被告人一方曾以“实际损失仅价值1960元”抗辩,认为毁坏的财物价值太低、不值一提。法院的判决明确驳斥了这一逻辑:故意毁坏财物的价值只是立案标准之一,依最高检与公安部的规定,纠集三人以上公然毁坏公私财物的,即应立案追诉——十余人清晨持械撞门入户,毁坏的从来不只是一扇门,而是一户人家不受非法侵犯的权利本身。
这份判决为张恒案的正当防卫认定铺平了事实基础:防卫的前提是存在“正在进行的不法侵害”,强拆方被定罪,等于司法系统自己确认了侵害的非法性。但时间顺序依然刺眼:入户者2025年1月才被定罪,且多为缓刑与轻刑;防卫者从2023年4月起被关押,案件定性在其后又拖了一年半。两边的时钟,走得完全不是一个速度。
至于下令、组织这次强拆的征收方与相关责任人员是否受到追责,公开报道没有给出名单与结果。本站记录这一缺口:十名执行者被判刑,而决定在凌晨六点派出破碎机与防爆叉的人是谁、承担了什么责任,档案里是空白。
In January 2025, the ten defendants who took part in the 1 April 2023 demolition were convicted of intentional destruction of property and given suspended sentences or prison terms of up to two years (Yicai). The legal significance of that judgment lies not in the length of the sentences but in the characterization: by effective judgment, a court confirmed that the conduct of that dawn was a crime, not 'work,' 'law enforcement,' or a 'dispute.' At trial, the demolition defendants had argued that 'the actual loss was worth only 1,960 yuan,' as if the value of what was smashed were too trivial to matter. The judgment expressly rejected that logic: the value of destroyed property is only one filing threshold, and under rules of the Supreme People's Procuratorate and the Ministry of Public Security, assembling three or more people to openly destroy public or private property is itself conduct warranting a criminal case — a dozen armed men ramming a gate at dawn never merely destroyed a door; they destroyed a family's right to be free of unlawful invasion itself.
That judgment paved the factual ground for the self-defense finding in Zhang Heng's case: self-defense presupposes an 'ongoing unlawful infringement,' and convicting the demolition party meant the judicial system itself confirmed the illegality of the assault. Yet the sequence remains jarring: the intruders were convicted only in January 2025, mostly with suspended or light sentences; the defender had been detained since April 2023, and his case's characterization dragged on for another year and a half after that. The two sides' clocks did not run at anything like the same speed.
As for whether the acquiring party that ordered and organized the demolition, and the responsible officials behind it, were ever held accountable, public reporting provides neither names nor outcomes. This page records that gap: ten executors were sentenced, while who decided to send out a breaker vehicle and riot forks at six in the morning, and what responsibility they bore, remains blank in the archive.
五、2026年5月25日取保候审、8月7日无罪判决、8月18日正式生效5. Bail on 25 May 2026, Acquittal on 7 August 2026, Effective 18 August 2026
2026年5月25日下午,被羁押两年九个多月的张恒被咸阳市秦都区人民法院取保候审,走出看守所(中华网2026年5月28日报道)。取保候审意味着案件尚未终结,但人身自由先行恢复——这也是办案机关定性天平开始倾斜的信号。本站旧版页面记有这一节点,但须纠正一处:个别转述把年份记为2025年,经与中华网2026年5月28日、8月21日两篇报道交叉核对,取保日期为2026年5月25日无疑。
2026年8月7日,秦都区人民法院一审宣判:认定张恒的反击行为属于正当防卫,依法判决无罪。同案附带民事部分,强拆死者一方提出的260万元民事索赔被全部驳回。2026年8月18日,判决生效,张恒恢复“无罪公民”的身份(第一财经2026年8月21日评论)。一审宣判与生效之间隔着上诉、抗诉期——检方没有抗诉、原告没有上诉,一份无罪判决才算走完最后一程。部分媒体报道把结论表述为“张氏父子无罪”;父亲张三报是否同为被告人、其处理结果为何,未见更权威的细部报道,本站并列注明(“父子均无罪”一说,未核)。
从2023年4月1日到2026年8月18日,三年四个半月;从被羁押到取保,两年九个多月。无罪判决洗清了他的罪名,却洗不掉这三年多。一个细节可以说明这份判决在司法界引起的震动:多位律师与媒体评论称此案为“全国首例反强拆致死认定正当防卫案”——注意这个“首例”的含义:在此之前,面对非法强拆反击致人死亡的居民,无一被认定为正当防卫。张恒不是规则的受益者,他是那个用三年自由把规则撞开一道口子的人。
On the afternoon of 25 May 2026, after more than two years and nine months in detention, Zhang Heng was released on bail by the Qindu District People's Court of Xianyang and walked out of the detention center (China.com, 28 May 2026). Bail pending trial means the case is not over, but personal freedom is restored first — also a signal that the handling organs' scales of characterization had begun to tip. This site's earlier page recorded this milestone; one correction is required: some retellings give the year as 2025, but cross-checking China.com's reports of 28 May and 21 August 2026 confirms the bail date as 25 May 2026.
On 7 August 2026, the Qindu District Court delivered its first-instance judgment: Zhang Heng's counterattack was self-defense, and he was acquitted according to law. In the attached civil portion, the 2.6-million-yuan civil claim brought by the dead demolition man's side was dismissed in full. On 18 August 2026 the judgment took effect, and Zhang Heng regained his status as an 'innocent citizen' (Yicai commentary, 21 August 2026). Between pronouncement and effect lay the appeal and protest window — neither a prosecution protest nor a plaintiff's appeal was filed, so the acquittal completed its last leg. Some media phrased the outcome as 'father and son both acquitted'; whether the father Zhang Sanbao was a co-defendant and how his case was disposed of has no more authoritative detailed reporting, and this page records that version side by side ('both acquitted' — unverified).
From 1 April 2023 to 18 August 2026 is three years and four and a half months; from detention to bail, more than two years and nine months. The acquittal cleared his name; it cannot clear those three-plus years. One detail conveys the judgment's shockwave in legal circles: multiple lawyers and media commentaries called this 'the first case nationwide in which lethal resistance to a forced demolition was recognized as self-defense.' Note what 'first' means: before this, no resident who had resisted an illegal demolition with lethal result had ever been recognized as acting in self-defense. Zhang Heng was not a beneficiary of the rule — he was the man who battered a crack into it with three years of his freedom.
六、法律坐标:刑法第二十条与“法不能向不法让步”6. The Legal Coordinates: Article 20 of the Criminal Law and 'The Law Must Not Yield to Lawlessness'
本案的法律坐标有三层。第一层是刑法第20条:为使本人或他人的人身、财产等权利免受正在进行的不法侵害而采取的制止行为,造成损害的,属于正当防卫,不负刑事责任。第二层是2020年8月最高人民法院、最高人民检察院、公安部联合发布的《关于依法适用正当防卫制度的指导意见》,其中明确提出“法不能向不法让步”,并要求司法人员不得以事后冷静的“上帝视角”苛求防卫者,要充分考虑防卫时面临的紧迫处境。第三层是2026年1月1日施行的新版《治安管理处罚法》对防卫行为的进一步确认。张恒案的判决,正是这三层坐标在强拆场景中的第一次完整落点。
为什么此前落不了点?国内法学评论给出的诊断一致:长期以来,正当防卫的认定尺度偏严,许多裁判陷入“唯结果论”——谁死谁有理、谁伤谁有理,防卫者只要造成重伤死亡,就先被推定防卫过当甚至故意伤害。张恒案一审法官摒弃了这一逻辑,回到案发那一刻的客观处境:十余人、持械、撞门、入户、清晨、封闭空间。在这样的处境里要求一个村民“适度反击”,是把法律写给旁观者的清醒,强加给当事人当时的恐慌。判决生效后,看看新闻、第一财经、中国青年报系等国内媒体均发表评论肯定这一认定——这是本站迫害档案中罕见的、国内官方系媒体与本站结论一致的个案。
但坐标不是终点。指导意见出台于2020年,张恒仍被关了三年多才等来无罪;规则写在纸上,与规则落在一个村民身上之间,隔着办案机关的定性分歧、地方利益与“先关再说”的办案惯性。本案的示范意义因此是双面的:它证明规则可以被用对,也证明用对一次的代价有多大。
The case sits at three legal coordinates. The first is Article 20 of the Criminal Law: an act taken to stop an ongoing unlawful infringement of one's own or another's person, property or other rights, which causes harm to the infringer, is self-defense and bears no criminal liability. The second is the Guiding Opinions on the Lawful Application of the Self-Defense System, jointly issued by the Supreme People's Court, the Supreme People's Procuratorate and the Ministry of Public Security in August 2020, which state expressly that 'the law must not yield to lawlessness,' and require judicial personnel not to judge defenders with the calm 'God's-eye view' of hindsight, but to fully account for the urgency of the moment of defense. The third is the revised Public Security Administration Punishments Law, effective 1 January 2026, which further affirms defensive acts. The Zhang Heng judgment is the first full landing of these three coordinates in a forced-demolition setting.
Why had they never landed before? Domestic legal commentary gives a consistent diagnosis: for a long time, self-defense was recognized on an overly strict scale, and many judgments fell into 'outcome-only reasoning' — whoever dies is right, whoever is hurt is right — so that any defender who caused serious injury or death was presumed to have exceeded the limit or even to have committed intentional injury. The first-instance judge in Zhang's case discarded that logic and returned to the objective circumstances of the moment: a dozen men, armed, ramming the gate, inside the home, at dawn, in an enclosed space. To demand 'measured counterattack' of a villager in that situation is to impose the clarity of a bystander, written into commentary, on the panic of the person involved. After the judgment took effect, Knews, Yicai, China Youth Daily outlets and other domestic media all published commentary affirming the finding — a rare instance in this archive where officially-aligned domestic media and this site reach the same conclusion.
But coordinates are not the destination. The Guiding Opinions were issued in 2020, yet Zhang Heng still spent over three years locked up awaiting acquittal; between rules on paper and rules landing on one villager's life lie the handling organs' disputes over characterization, local interests, and the investigative habit of 'detain first, decide later.' The case's exemplary significance is therefore double-sided: it proves the rules can be applied correctly, and it proves how much one correct application costs.
七、家属、善后与未竟之问(截至2026年10月)7. Family, Aftermath, and Unanswered Questions (as of October 2026)
无罪生效之后,还有三本账没有算清。第一本是国家赔偿的账:张恒被羁押两年九个多月后被判无罪,依《国家赔偿法》,他有权就被错误羁押申请国家赔偿。截至2026年10月本站核查时,未见他申请赔偿或获赔的公开报道(未核,待更新)。第二本是房子的账:被强拆的家宅现状如何、补偿问题有无了结、父子二人如今住在哪里,公开报道没有下文。第三本是责任的账:十名执行者已判刑,但组织、指使这次非法强拆的征收方责任人员如何处理,仍无公开名单。
家属层面,三年多的诉讼里,张三报既是同住的父亲、现场的当事人,又是被羁押者唯一的至亲。父子二人在2023年4月1日清晨并肩面对入户的人,此后一个在看守所、一个在破碎的家——关于张三报这三年的具体处境,国内报道惜墨如金。本站的规矩不变:查不到的,写明查不到;这个家庭付出的完整代价,目前只有他们自己知道。
本站对本案的定性也需要说清:张恒最终被判无罪,本案因而不是一桩“冤狱终结”的典型迫害案,而是一份关于代价的档案——非法强拆发生在先,超长羁押发生在中,规则纠偏发生在最后。它记录的迫害,不在判决书里,而在那一千多个被关押的昼夜里,以及在“首例”二字背后无数没有等到无罪的前案里。本站将继续跟进国家赔偿与责任追究的后续,并更新本页。
After the acquittal took effect, three accounts remained unsettled. The first is state compensation: having been detained for over two years and nine months before acquittal, Zhang Heng is entitled under the State Compensation Law to claim compensation for wrongful detention. As of this site's check in October 2026, no public reporting of an application or award has been found (unverified; to be updated). The second is the house: what state the demolished home is in, whether the compensation dispute was ever resolved, and where father and son now live — public reporting has no follow-up. The third is accountability: the ten executors have been sentenced, but how the acquiring side's responsible personnel, who organized and directed the illegal demolition, were handled remains without any public list.
As for the family: across three years of litigation, Zhang Sanbao was at once the co-resident father, a party present at the scene, and the detainee's only close kin. Father and son faced the intruders together at dawn on 1 April 2023; afterwards one was in a detention center and the other in a wrecked home — and domestic reporting on Zhang Sanbao's circumstances across those three years is vanishingly thin. This page's rule stands: what cannot be found is stated as not found. The full price this family paid is, for now, known only to themselves.
This site's characterization of the case should also be explicit: Zhang Heng was ultimately acquitted, so this is not a textbook persecution file of a 'wrongful conviction completed.' It is an archive of cost — the illegal demolition first, the overlong detention in the middle, the rules corrected at the very end. The persecution it records lies not in the judgment but in those thousand-plus days and nights of detention, and in the countless earlier cases behind the word 'first' that never waited out an acquittal. This site will continue to follow the state-compensation and accountability aftermath and will update this page.
八、同类案件对照:从范木根、于欢、昆山案到张恒8. Comparable Cases: From Fan Mugen, Yu Huan and Kunshan to Zhang Heng
张恒案的“首例”分量,要放在同类案件的队列里才看得清。2013年12月3日,苏州虎丘区,退伍军人范木根在强拆人员闯入家中时持刀反击,刺死两名强拆人员。2015年,苏州市中级人民法院以故意伤害罪判处范木根有期徒刑8年。同样是无手续强拆在先、居民反击致人死亡在后,范木根等到的是8年刑期。范案与张案的事实结构几乎同构,结论却一有罪一无罪——相隔十三年,变的不是事实,是司法对正当防卫的尺度。
尺度是被一连串案件推动的。2016年4月,山东聊城于欢案引发全国舆论:一审以故意伤害罪判处于欢无期徒刑,2017年6月山东省高级人民法院二审认定其行为具有防卫性质、但防卫过当,改判5年——此案直接推动最高司法机关反思正当防卫的认定标准。2018年8月27日,江苏昆山“龙哥”案中,于海明在被持刀砍击时夺刀反击致对方死亡,公安机关认定属正当防卫、撤案处理,该案成为正当防卫适用的标志性转折。此后才有2020年“两高一部”指导意见成文,才有“法不能向不法让步”从口号变成裁判规则。张恒案2026年的无罪判决,站在这条十三年曲线的末端。
但曲线末端不等于终点。范木根的8年不会因为张恒的无罪而改判;下一个在清晨被撞开大门的居民,也不会因为张恒案就自动获得无罪——正当防卫的认定仍然逐案裁量,仍然取决于监控是否完整、舆论是否关注、法官是否愿意担当。张恒案留给档案的,不是一个“问题已解决”的结论,而是一个标尺:当无手续、持械、清晨入户这三项事实齐备时,防卫者无罪。低于这个标尺的任何一次有罪判决,从今往后都要先回答一个问题:它与张恒案差在哪里。
The weight of Zhang Heng's 'first case' is visible only in the line of comparable cases. On 3 December 2013, in Huqiu District, Suzhou, the veteran Fan Mugen fought back with a knife when demolition men forced into his home, fatally stabbing two of them. In 2015 the Suzhou Intermediate People's Court sentenced Fan to eight years for intentional injury. The structure was nearly identical — an unauthorized demolition first, a resident's lethal resistance second — yet Fan received eight years and Zhang an acquittal. Thirteen years apart, what changed was not the facts but the judicial scale for self-defense.
That scale was moved by a chain of cases. In April 2016, the Yu Huan case in Liaocheng, Shandong, ignited national debate: Yu was sentenced to life for intentional injury at first instance, and in June 2017 the Shandong High People's Court on appeal found his act defensive in nature but excessive, reducing the term to five years — a case that directly pushed the top judicial organs to rethink the self-defense standard. On 27 August 2018, in Kunshan, Jiangsu, Yu Haiming, attacked with a knife, seized the blade and fought back, killing his attacker; the police recognized self-defense and closed the case — the landmark turning point in applying the doctrine. Only after that came the 2020 SPC/SPP/MPS Guiding Opinions, turning 'the law must not yield to lawlessness' from a slogan into adjudication rules. Zhang Heng's 2026 acquittal stands at the end of this thirteen-year curve.
But the end of the curve is not the end of the story. Fan Mugen's eight years will not be re-judged because of Zhang's acquittal; and the next resident whose gate is rammed at dawn will not automatically be acquitted because of Zhang's case — self-defense is still assessed case by case, still dependent on complete surveillance footage, public attention, and a judge willing to take responsibility. What the Zhang case leaves to the archive is not a conclusion that 'the problem is solved,' but a yardstick: where the three facts of no authorization, armed entry, and a dawn home invasion coincide, the defender is innocent. Any conviction below that yardstick must henceforth first answer one question: how does it differ from Zhang Heng's case?
九、决定性的监控录像:如果没有那段影像9. The Decisive Surveillance Footage: Without That Video
本案还有一个不能略过的技术性事实:张家院落装有监控,冲突全过程被完整记录。中华网2026年8月的报道直接以“现场监控成关键证据、还原真相”为题——监控画面里有撞门、有器械、有入户的先后顺序,它把“谁在侵害、谁在防卫”从各执一词的口供战,变成了法庭可以逐帧核对的事实。张敬辉律师的辩护、法官的认定,都建立在这段影像之上。反过来说,假如张家没有装那台监控,一个死者、三名伤者、一户“抗拒拆迁”的村民,对阵十余名“工作被阻”的人员与一份故意伤害的起诉书——案件的走向,大概率会复制范木根2015年的剧本。这个推论无法证实,但它指向一个冷峻的现实:在中国,一个普通人要证明自己是正当防卫,往往先要拥有一台恰好没被砸坏的监控。这不是法治应有的样子,却是本案留给每一个读者的实用注脚。
One technical fact of this case must not be passed over: the Zhang family courtyard had a surveillance camera, and the entire clash was recorded. China.com's August 2026 report was headlined precisely on this — the scene footage as the key evidence that restored the truth. The footage contains the ramming, the weapons, and the sequence of entry; it turned 'who was infringing, who was defending' from a war of conflicting statements into facts a court could check frame by frame. Lawyer Zhang Jinghui's defense and the judge's finding both rest on that recording. Conversely, had the Zhangs not installed that camera — one dead man, three injured, a household of 'demolition-resisting' villagers, against a dozen men whose 'work was obstructed' and an indictment for intentional injury — the case would in all likelihood have replayed Fan Mugen's 2015 script. That inference cannot be proven, but it points to a cold reality: in China, for an ordinary person to prove self-defense, they often first need a camera that happened not to be smashed. That is not what the rule of law should look like, yet it is the practical footnote this case leaves every reader.
本站点评Our Take
张恒案的无罪判决值得肯定,但本站点评的对象不是判决,而是判决之前的一切:一个征收方可以绕开全部法定程序,在清晨六点派十余人持械撞门入户;入户者在近两年后才被轻判,而在家自卫的人先被关了两年九个月,靠拒绝两位律师的认罪建议、熬过办案机关的定性分歧,才等来本该在第一天就清楚的结论。强拆的违法成本如此之低、防卫的维权成本如此之高,这才是本案暴露的制度病灶。无罪是迟到的纠正,不是制度健康的证明。
The acquittal in Zhang Heng's case deserves affirmation, but this page's commentary is aimed at everything before the verdict: an acquiring party could bypass every statutory procedure and send a dozen armed men to ram a family's gate at six in the morning; the intruders were lightly sentenced nearly two years later, while the man who defended his home was first jailed for two years and nine months, refusing two lawyers' advice to plead guilty and outlasting the organs' dispute over characterization, to reach a conclusion that should have been clear on day one. When the cost of illegal demolition is this low and the cost of lawful self-defense this high, that — not the verdict — is the institutional disease this case exposes. An acquittal is a late correction, not proof of a healthy system.
来源Sources
- Yicai (First Financial), commentary on the Zhang Heng acquittal, Aug 21, 2026.
- China.com (Zhonghua Net) / Knews, reports of Aug 21 and May 28, 2026 on the acquittal and the bail release.
- China Youth Daily-affiliated commentary, 'First anti-demolition self-defense case,' Aug 2026.
- Criminal Law of the PRC, Article 20; SPC/SPP/MPS Guiding Opinions on Self-Defense (Aug 2020).