Several Problems Of Self-defense

As one of rights of citizen, self-defense origins the constitution of China. When the public legal right and self-right and others right are aggrieved by the actualizing action, any citizen has the right of self-defense. Meaning of self-defense is to protect the legal rights, hold out the criminal and vindicate the authority of social law system.The twelfth item of Chinese new prescribes: in order to protect the legal right of public, self and others, people can make action to deter the actualizing action. Even if makes damages to the person, the self-defender need not bear legal duty burden. Although the new is more scientific than the old , there are many problems about self-defense. The author will circumfuse these problems to research the self-defense and try to settle these problems by the means of justice.â… The relative of the actualizing action:1. The meanings and character of the actualizing action. "The actualizing action" must have the character of irregularity and pressure. In order to make defense to the actualizing action, we should do it only under the instance of having no other choice.2. The scope of the actualizing action. There are three deferent theories in the theory of criminal law: the theory of criminality, the theory of unrestricted irregularity and the theory of limitary irregularity. In the justice practice of China, self-defense can put in practice not only on the criminality, but also on the universality irregularity action.3. The impersonal form of the actualizing action. There are two prescribes on the impersonal form of the actualizing action in the foreign criminal law. The first is that we can make defense on the action of not processing according to the penal code. The second is that the actualizing action must be exist actually and processing. The twentieth of prescribe clearly that the actualizing action must be the processing action. The processing actualizing action is that the actualizing action have already begun and haven't ended.4.The actualizing action including nonfeasance or not. There are three points on the theory of China Criminal Law. But say surely, the actualizing action includes nonfeasance criminality. To prevent the result of the nonfeasance actualizing action , the important thing is that the point of processing the obligation is right and advisable.5.The destroy action of irresponsibility person and the problem of the actualizing action. There are five points on this problem according to the criminal theory. The reasonable point is that the destroy action of irresponsibility person is also the actualizing action. So no matter what the self-defender knows he is irresponsibility person. His actions are all self-defense actions. But if he clearly knows the other person is irresponsibility person, the means of self-defense must be controlled. If this actualizing action isn't very urgent and intensity and it can be eliminated by another means, we can take self-defense. â…¡The problems of the timing defense and the limit defense.1.The timing defense. When to practise the defense is the timing defense? The important thing is the beginning time and the ending time. The beginning time generally makes the starting to process some impersonality as the sign, that means the rights of legality face the destroy danger. The ending time is that the actualizing action doesn't finish or the time of the destroy result has already happened.2.The limit of the defense. (1)The implication of necessary limit and how to confirm the necessary limit should make how to hold out the processing actualizing action as criterion. Of course we should consider if the means of defense ,intension and the sequent of destroy adopt to the means of actualizing action, the results of the intension. We can understand the implication of necessary limit, only if we associate the material means, the intension, the result and analysis carefully. (2)The criterion of necessary limit. We should ana...