Outlined the conditions for self-defense

According to the provisions of the Criminal Code Diershitiao, self-defense refers to the state, public interest, the person himself or others, property and other rights from being violated, and the implementation of Criminal violations of the people to take necessary defensive behavior.

Criminal law defense, the exclusion is an important Criminal sexual conduct. It has two characteristics: First, the implementation of the defense of people defense behavior, is the fight against illegal and Criminal acts with justice, legal acts, not only harmless in the community, but also beneficial to the community, and second, the illegal defense against those who damage forced the purpose of maintaining national and public interests, the legitimate interests of themselves or others from being violated, does not have a subjective intention of harm to society. Therefore, self-defense is not only not a crime, but also the citizens under the law to combat illegal and criminal acts with an important legal weapon, it should be protected by law.

According to the provisions of the Criminal Code Diershitiao, the establishment of self-defense, must have the following five conditions:
One must be to defend national interests, public interest, the person himself or others, property and other legitimate rights and self-defense can be implemented
Both national and social interests of individual citizens or interests, if has been violated, any citizen has the right to come forward, the implementation of self-defense, to defend the country, public interest, I, or the legitimate interests of others. Defense purposes of justice , is the primary condition for the establishment of self-defense is not criminally responsible for criminal law, important basis of self-defense. If you do not have a justice of defense purposes, you can not set up self-defense. defense purposes should stop the unlawful infringement of the pursuit of the goal to protect legitimate rights and interests This constitutes an important factor in self-defense awareness. If you leave this end, the damage caused to others, their conduct was not part of self-defense.

Second, must be an act of unlawful infringement, to the implementation of self-defense
The so-called unlawful infringement, including both criminal acts, but also against other illegal acts. This means that violations of the criminal offense is not necessarily to achieve the degree of self-defense can be implemented. Otherwise, the country's legitimate public interests or citizens rights are not properly protected.

For legal acts and can not have self-defense. First Citizens shall have seized and turned over crimes are being implemented or is discovered immediately after the crime, who was wanted for criminal suspects or criminals, or are fugitives being sought, or a third person was seized and turned over shall not excuse the civil defense and violence, threats and other acts. Second, law enforcement officers arrested the suspects and search, seizure of goods, people and police equipment police use of weapons by law, are performing their duties or the lawful order of the acts. is arrested the suspect, who was searched, items not to be the owner or the third party personal or property rights "are violated" as a pretext to defend law enforcement personnel. Third, the legal act of the emergency, the injured party can not excuse to safeguard their legitimate interests of the party on the implementation of the implementation of the emergency defense. Fourth, the legal act of self-defense by the back of the infringement, can not the pretext of protecting their own interests, while the so-called self-defense against people and then defense.

Third, it should be illegal on the ongoing violations, to implement self-defense
The so-called "being violated" refers to the beginning and not the end of the state. It consists of two situations: First, that is unlawful infringement of the existence of an objective, not subjective imagination or conjecture. Second, This unlawful infringement is ongoing, but not yet started, or indeed has been automatically stopped, or ended have been implemented. This means that self-defense must be timely. In both cases, only in the case of both, can implementation of self-defense.

Fourth, we must be implemented for the wrongful acts against the implementation of self-defense
Implementation of self-defense, the purpose is to stop the unlawful infringement. Therefore, I can only cause damage to unlawful infringement, can not infringe on any third party without the implementation of criminal, including the unlawful infringement of the families, relatives and friends harm.

Fifth, defense can not be significantly more than the necessary limits and causes significant damage
This is the limits of self-defense conditions. Defense of this is beneficial to social behavior, is legal, but the defense is being affected by the legality of certain limits and constraints. Implement defense can not be significantly exceeds the necessary limits. Exceed this limit, resulting in significant the damage is over-defense. defensive behavior when excessive, self-defense will not be established.

Above five conditions, a prerequisite for the establishment of some self-defense, some conditions for the implementation of the legitimacy of defensive behavior. Five conditions of interdependence, we must also have, the lack of any one, can not constitute self-defense. Links to free papers Download Center http://www.hi138.com