Study On Self-salvation Action

Self-salvation Action refers to a behavior which relies on one’s own strength toprotect his/her legal right with the recognition of legal and social ethics, in that case,his/her legal right is infringed but cannot be or obviously difficult to be compensatedby legal procedure or authorities in-charge. As one of justifiable acts, Self-salvationAction has not been incorporated into the system of criminal law theory andframework, and which makes such Self-salvation Action “cannot survive." throughoutthe criminal justice system. The absent of legislation regarding Self-salvation Actionleads to inconsistent treatment in real life, and to some extent, harm the properfunction of criminal law itself.The paper explains Self-salvation Action theory from two dimensions of time andspace, and apply the methods of the Historical research, Comparative study and Valueanalysis he constituent elements and legislative idea of Self-salvation Action has beenformulated on the basis to ensure that our existing criminal law theory.From the legal saying of “no law for emergancy", the history of Self-salvationAction has been explained from the time dimension, and introduces the attitude of theright relief in development of Self-salvation Action; and introduces the example ofSelf-salvation Action from the space dimension through analyzing the legislation ofthe different regions of the countries and areas, which apply the history materials andlegislation for the Self-salvation Action in the future.Self-salvation Action has regarded as justness and could be exist under certaincondition. The theoretical basis of legitimacy could be explored from differentperspectives. First, from the perspective of jurisprudence to analysis the natural lawbased on, social and ethical basis for belief in Self-salvation Action and legal rightsand legal emotional relationships of Self-salvation Action; And analysis of the powergame between individual rights and State power and put out the place of Self-salvationAction in the public power system. Second, analysis the justness of the Self-salvation Action and variety theories of self-salvation Action the basis of criminal law; andpoints the reason of advocate of the theory of social considerable, and analysis thetypical case from the angle of theoretical foundations of criminal law and the need ofjudicial practice.Although Self-salvation Action has not been included in the scope of legislation,the justification of the Self-salvation Action has already reached general consensusexcept the status. Introduce and analysis the doctrine of Self-salvation Action in avariety of position involved in the criminal justice system: proper behavior, saidemergency acts that defensive behavior that anticipated possibility that dangerousallowed, and explains the relationship among Self-salvation Action, justifiable causeand crime, points that Self-salvation Action should take a place in the criminal justicesystem.To define the concept, characteristics, nature and classification of Self-salvationAction, and discuss the necessary establishment elements of Self-salvation Action, anddistinguish relevant problems associated with Self-salvation Action, such acts ofSelf-salvation Action and self-defense, emergency hedge, self behavior, seized andturned over such distinction.Through the relevant interpretation of existing provisions of the Criminal Code ofconduct regarding Self-salvation Action, analysis the necessity and feasibility oflegislation, proposed legislation the idea of Self-salvation Action behavior.Self-salvation Action does not conflict with the rule of law; on the contrary,Self-salvation Action is one of protection for law. Self-salvation Action is not aPandora’s Box, which should not be imprisoned. But we should also recognize thatthere are two sides of a coin, and when we approve Self-salvation Action, we also mustrecognize its limitation. Unlike other criminal legislation, it is the most appropriate,which treats Self-salvation Action as justifiable cause under emergency circumstances.