Study On Self-Salvage

As one form of personal relief, self-salvage has the merits of rapidness and little-cost, then, whether in the countries with perfect legal system or in the country with lagging legal system, self-salvage has the realistic basis of existence. But in our country, self-salvage is not only absent in criminal legislation, but also seldom studied in criminal theory. Under this status of self-salvage, it is difficult for us to have a uniform mode to deal with it, and this brings chaos to judicial practice. So it is necessary to analyse self-salvage completely and give self-salvage a suitable localization. The article formulates self-salvage from four parts in detail:The first chapter of the article mainly summarizes self-salvage, expatiates its localization abroad, and approaches its conception. On the aspect of its localization abroad, the author mainly introduces the different acquaintances of Anglo-American law system, continent law system and our country. Both continent law system and Anglo-American law system acknowledge the validity of self-salvage. Continent law system thinks self-salvage is a reason blocking illegality. Anglo-American law system thinks self-salvage is a legal defensive warranty. The status of self-salvage can be resolved in their constitution of crime systems. But there is no self-salvage in our criminal law and the study on it is also deficient. On the conception of self-salvage, the author generalizes as follow:After the right is invaded, and it's too late if he turns to country for help, so he takes appropriate measures to resume or save his right.The second chapter of the article mainly analyses the necessity of...