Analysis On The Behavior Of Helping Oneself Under The State Of Emergency

Now, I am a police of public security official's branch office of Pu Tuo. I have been engaged in a public security official work for eight years when I graduated from East China University of Politics and Laws, the last year of last century. In past eight years, I experienced many posts, got in touch with many realistic cases; one of them that I participated to handle the whole processes of behavior of helping oneself always can't let me release a bosom. (Detailed describe'2006 Shanghai'7·14' case'in this text chapter 2 section 1). Of so such, have two reasons: for one thing is that this case caused the public security official's bureau concerned deeply, many levels leads once interfere with in person, but up to now the aftermath don't end, family members of the died of commit crime suspect person still always to accuse in the petition and the medium also has been being pay attention to the progress of the case. For another, this case reveals the rule of law progress and law provision of the our country is still not complete in many places, there are still a great deal of law problems need us to thorough think and study, and all that re- stir up my interest and enthusiasm that I had neglected. This thesis the result of my long-last concerning and thought on behavior of helping oneself from I worked as a police. I hope to through this opportunity could put forward some viewpoints and suggestion to be provided for everyone to inquiry into, let more personage of the law understand and research behavior of helping oneself, and let more people could be able to exactitude behavior of helping oneself correctly abide to law.With regard to the person, as a natural person, helping himself, the same with defense, is an instinctive reaction under emergency. However, the person also has the social attribute. Any behavior with relation to the society and even the instinctive reaction will all be brought into line with the entire society's laws and the moral orders for evaluation. Just as statistics have indicated, our country's per capita GDP for 2006 has achieved 2,010 US dollars, having already stridden into the medium income country level according to the World Bank standard. Looking from the developed country's experienced process, we know that this period is the period of social economy's rapid development, and also will be the period of each kind of carmine's frequently committing. The probability that the social public experience criminal violation under the emergency is becoming higher and higher. Under this circumstance, the behavior of helping oneself is gradually becoming a universal phenomenon occurring beside us, which people are familiar with. But, when the society's level of attention to the behavior of helping oneself is continuously becoming higher, and when the media such as network, television and so on appraise the parties'behavior with an eye of intensive moral evaluated color, controlling the social public's cognition about the behavior of helping oneself, the legal sound actually falls vacant. Our country's criminal law has not the stipulations about the behavior of helping oneself. Legal workers have varied cognitions and interpretations about these, and especially in the judicial practice, the judgment is quite different. Such situation is not only disadvantageous to set up the laws and regulations'authoritative status among each kind of social norm, but also makes the laws and regulations lose their basic function that standard and guide citizens to enjoy their rights. Therefore, the research to the problems about the behavior of helping oneself has vital significance to our country's criminal theory and judicial practice.Thus, this paper will attempt to define the concept of self-salvage behavior though the method of empirical study. Comparing similcurities and differences and so on. Firstly, the paper will discuss the meaning of self-salvage behavior, to make emergency. The paper also compared the provision about the self-salvage behavior in every stages and different states, in order to make a contact between the self-salvage behavior and process from the rule of man to the rule of law in human society. The paper tends to prove that the self-salvage behavior relatively needs to be regulated by law more and more with the development of civilization in society and as the rule of law go into the hearts of the people deeply. Following that, according to the above-mentioned case of self-salvage behavior I ever virtually went through, I set forth some case of self-salvage behavior which have the same elements in nature but were dealed with more differently, in order to reveal a puzzle and embarrassment on application of law, concepts of law, consciousness of law in dealing with the emergency self-salvage behavior because of lack of the law nowadays, by the method of empirical study. Through the comparation among affairs which exclude illegality such as self-salvage behavior, self-defense and urgent danger prevention i.e., to define similarities and differences between self-salvage behavior and other legal affairs mentioned above , and further grasp its characters so as to avoid confusion with other concepts. To comment on the necessity to establish the system of self-salvage behavior, it is important to analyze the scope of self-salvage behavior, the source of right and its value. Then, discuss the structure of self-salvage behavior under urgent conditions that adapt to the social and economic developments of China; set forth preconditions, objective components, subjective components, urgent components and other legalized components, especially emphasize the criterion through which determine the lasting period of so-called urgent condition and the limits of the extent of behavior on the balance of legal interests, so as to find whether a self-salvage behavior is legally effective or not, thus to establish a boundary of self-salvage behavior system which can be accepted by law, society and morality.Furtherly, I will produce two different conceives, one is that incorporating the self-salvage behavior into the scope of self-defense, the other is erecting the self-salvage behavior system directly in the scope of. All the above is to improve the provision of criminal law in China, to unify and regulate the dealing to the self-salvage behavior in practice, to give full play to the guide function of law, and to promote the construction of harmonious society.