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The establishment of conditions of self-defense

Abstract: This paper Criminal Law the theory and relevant case, a more detailed analysis of the five elements of self-defense, (a) There shall be unlawful infringement, and not against the law to be real , this is the cause of self-defense conditions. (B) criminal violations must be ongoing, it is time to set up conditions for self-defense, which means unlawful infringement has begun, not ended. (C) defense for criminal behavior must be implemented against himself, which is the object of the establishment of conditions for self-defense. (D) must be for the state, public interest, the person himself or others, and property or other rights from being violated in order to impose self-defense, this is the subjective element of self-defense, that the legitimacy of defense purposes. (E) defense is not significantly more than the necessary limits and causes significant harm, which is the establishment of the limits of self-defense conditions. And briefly describes the special defense and just defended both in self-defense related issues. (A) of the special defense. casualties, not defensive,[link widoczny dla zalogowanych], not criminally responsible. In this paper, the rights of our citizens the right to exercise self-defense signed by a certain significance.
First, the conditions for self-defense set up the conditions for self-defense must understand law as the basis of specific provisions from the Criminal Code, the conditions for self-defense would be impossible. Of course, is a concise summary of criminal law provisions, and not exactly all the conditions specified in the establishment of self-defense, which requires us to guide the basic principles of criminal law, criminal law theory to supplement and perfect. We only have a correct understanding of the legal conditions for self-defense, self-defense system to be fully understood: First of all, help to further awareness and understanding of the basic characteristics of self-defense; Second, contribute to the task of criminal law to combat crime , protect the lawful rights and interests; again to help draw the boundaries of self-defense and non-self-defense; Finally, help guide the broad masses of people the right to exercise self-defense rights. Established conditions of self-defense has five: (a) shall be unlawful infringement, and not against the law to be real, this is the cause of self-defense conditions. The so-called unlawful infringement, is the objective acts of social harm that occurred. The social harm that the perpetrator act with intent or negligence on the subjective, objective and community in the dangers of criminal acts. But, then under certain conditions, certain violations, is objectively harmful to the society, and subjective aspects of human behavior do not have the intent or negligence. For example, an accident like this, there is a mental patient lost Responsibility fourteen years of age and ability of non-responsibility, implementation can implement positive behavioral defense against it? There are two different propositions: one that is not allowed to take self-defense, because the premise of self-defense is harmful to the society of unlawful infringement, not all violations, a mental patient and not the age of fourteen violations of minors Notwithstanding the social harm, but not illegal, it is not self-defense. Another idea that should allow the implementation of self-defense, the perpetrator does not need to consider subjective factors. We believe that, for the mentally ill or persons under fourteen can implement self-defense against acts should be treated differently according to different situations. If people do not know the implementation of defense against the acts of the mentally ill person is fourteen years of age or to allow the implementation of self-defense; If you know the general self-defense can not be implemented, can implement the emergency. Of course, there is no other way to avoid dangerous or forced, you can also practice self-defense. For example,[link widoczny dla zalogowanych], a knife-wielding mentally ill chase to the B, B runs into an emergency escape in a dead end, no way out, but a move had been knifed to rush to the B, B can not because a person is no obligation to wait for it cut capacity die, then you can practice self-defense, or to be a down his knife taken from him. Otherwise inconsistent with law, but also neck in the general sense. To note that self-defense is a set of legal rights for citizens, it has only been exercised only when criminal violations. If there is no abuse, self-defense impossible. First, there must be criminal violations, which precludes any possibility of legitimate acts of self-defense, where the not the perpetrator or the speculation of the speculation out; again, usually criminal violations and unlawful infringement of people; Finally, criminal violations should not be limited to criminal acts, should also include the general law of criminal violations. For the following acts, whether it be against the person or third party has the right to defend: ① performance of official duties by law or lawful order of the acts; ② law citizens are being seized and turned over immediately after the commission of an offense or crime is discovered or wanted for arrest, or escape at large, or are being hounded prisoners; ③ act of self-defense; ④ the emergency action and so on. Currently, the causes of criminal law field conditions for self-defense, there are three areas of controversy: 1, is confined to crimes against unlawful infringement, or both also include crimes against the general law violations. The author argues that the criminal offense against a limited, said: that both crimes against unlawful infringement, but also against the general law. The reasons are: first, the is the spirit of the abnormal, or does not meet the statutory age of criminal responsibility caused by the abuse of people, all in violation of the law objectively, are against the abuse, of course, can become the object of self-defense. Otherwise the Victim in a very passive position of disadvantage, and may continue to condone criminal crime. 2, whether criminal violations, including not a crime. I think that mainly depends on its ability to form a tight hazards. For example, a train switchman switchman obligation to refuse to effect, then, a train full of passengers approaching, if not by then the train switchman may be caused by other trains collided head-on car crash tragedy. At this time, the train station to the other staff can use violence in the name of self-defense force it switchman. But if it does not harm as a behavior can not form a tight, you may not impose its 3, whether criminal violations, including criminal negligence. I think when the harmful consequences have occurred constitute criminal negligence, then, can not form self-defense because the sense of urgency, so we lost the need for self-defense, therefore, criminal negligence, in the usual self-defense does not exist under conditions problem. (B) criminal violations must be ongoing, it is time to set up conditions for self-defense, which means unlawful infringement has begun, not ended. Criminal violations must first be true but to fight back against the illegal, against the harm to the imaginary, it is not self-defense, but the imaginary defense. Defensive behavior of hypothetical people understand mistakes are not intentional crime. Fault,[link widoczny dla zalogowanych], constitutes criminal negligence. 1983 年 6 night and month,[link widoczny dla zalogowanych], Lai Xiaoguang see his brother being Qiang, Li Zhong hit the tube, they approached the accused two young people. Qiang Lai Xiaoguang then to fight, Lai Xiaoguang forced to fight back. Then the police dressed in civilian clothes stepped forward to seize the Lai Xiaoguang Lu Tian's shoulder is Qiang Lai Xiaoguang Lu and others believe that the associates, they pull the left arm horns stabbed Lu Lu were slightly injured his left arm. Lai Xiaoguang was arrested later. Second, criminal violations must also be ongoing. The so-called progress, is unlawful infringement has begun but not ended. So, what is the beginning of unlawful infringement and unlawful infringement of the end? We believe that in general, should start after the implementation of criminal violations in order to implement self-defense, but in exceptional circumstances, allow the defense time to begin to implement earlier than criminal violations, which earlier has to be Defense, directly facing the obvious, the inevitable danger of unlawful infringement, or will make the We believe that the time of the end of unlawful infringement, it should be unlawful infringement of the actual formation of harmful results have the time, at this time, the defense must stop. Because at this time, even with the self-defense would no longer expand or reduce the harm against the results. Supreme People Civil Home unlawful infringement has indeed the automatic stay; ③ infringement, has been uniform, or have lost against capacity. We believe that these three conditions can be regarded as unlawful infringement has ended. Self-defense can only be implemented on the ongoing criminal violations. At this time on the exercise of right to due process in the time limit. Why should we restrict the exercise of the right to due process of time? This is because, under normal circumstances, the public interests and individual interests can be protected with state and law, the state has special authority to exercise judicial jurisdiction to act against the people committing crimes against society according to the investigation, arrest, trial and punishment. Any other bodies or individuals have the right to exercise these rights. The defense is given to citizens of countries in the Invaded urgent circumstances to protect national and public interests, the legitimate rights and interests of individual citizens or others, a special rights. In judicial practice. There defense is not timely two situations: pre-and post-defense defense. Pre-defense is a criminal violation has not yet begun, nor to impose against the formation of tight defensive behavior. After the defense is against the unlawful infringement of the actual results have been formed, people have reached a violation against the purpose of automatic termination of criminal violations against the people, the party lost power or against the people against arrested in the case has been re-implementation of the defensive behavior. After the defense in two forms: First, after deliberate defense, also known as retaliation against. Second, because knowledge of the facts after the defense caused the error. In this case, the unlawful infringement has in the past, but because of defensive mistakes people know the facts, that criminal violations still exist, and imposed a so-called shall be in accordance with the understanding of the facts wrong on the general principles of treatment. According to the subjective and the objective was the case, the defense know errors of fact person is at fault, that should be expected to unlawful infringement has in the past but did not foresee, and even after the implementation of the defense, should bear the responsibility to act criminal negligence, if the defense were Recognizing the fact that the error was not at fault, that did not foresee and can not foresee the unlawful infringement has in the past, you should be in accordance with the provisions of the Criminal Law is an accident, not criminally responsible. (C) defense for criminal behavior must be implemented against himself, which is the object of the establishment of conditions for self-defense. The purpose of self-defense exclusion and suppression of unlawful infringement, only the implementation of criminal conduct against himself, not against a third person (including unlawful infringement of the family members) were. Because, if left to the implementation of unlawful infringement If there is no implementation of violations of the third implementation of Present, the criminal law field, the conditions for the object of self-defense, there are several issues to be discussed: 1, animals can become the object of self-defense? We believe that the invasion of animals to make a concrete analysis, inconvenience to generalize. The invasion of animals in general there are three cases: (1) the owner of animals deliberately drove their animals to attack others. For example, a well-trained dogs bite the instigation of the B poultry. In this case, a behavior is not criminal violations, hound is a tool for destruction of other people's property, B can be implemented self-defense. It seems to be counter B is a hunting dog, animal damage, but damage is still in fact the masters of a hound, which damaged a property. B back dog, that is, damage to property interests is a real damage to himself, so, in this condition, the counter attack is a legitimate defense of animal behavior.

Introduction the so-called self-defense, refers to the state, public interest, I, or others persons, property or other rights from being violated, while the implementation of unlawful infringement does not exceed the necessary limits of defensive behavior. Self-defense is the law of unlawful infringement of citizens to fight with a right of legitimate behavior is justified. Self-defense is not criminally responsible. Originated from the primitive society of self-defense nature of revenge, personal transformation in the ancient legal lynching, from habit to the law, from the concept to the system, has experienced a long and tortuous process of evolution. Defense of the ruling class to maintain its rule order legal norms, the unique aspects of class society. With the development, self-defense in the criminal law has become an important legal system. Self-defense is not harmful to the society and do not have a criminal illegality, it is socially useful behavior. Self-defense is that it encourages citizens to actively with the various fight against unlawful infringement, timely and effective chapter possidetis public, citizens of the legitimate interests of himself or others from being violated, deter criminals and reduce crime. From a sense of self-defense in the criminal law is part of the right of the state to give immediate access to the national judiciary under the defense time to people. Self-defense as a national of a legal right granted to citizens is neither a reprisal nor a criminal, but not a lynching, but in an emergency order to stop being violated, through the unlawful infringement to achieve the same cause some damage to the fight against crimes, to protect the legitimate interests of the State and the people as a means. Therefore, the exercise of this right must meet these conditions,[link widoczny dla zalogowanych], can not be any abuse, or, you can give the social harm, the legal acts into illegal conduct, or even undermine the socialist legal system. Self-defense should also be clear of citizenship or moral obligations. The implementation of conditional self-defense rather than self-defense to escape with the ongoing fight against crimes, letting criminals, resulting in infringement of the interests of state and the people who should be subject to moral condemnation. People with specific obligations, such as the people's police, escape with the fight against crime, constitute a form of crime, the person should be investigated for criminal liability. Here, we make a simple self-defense of the conditions. More articles related to topics：

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