The Justifiable Defence On Illegal Forced Evictions

China’s current criminal law on justifiable defense is to protect the personal rights, propertrightsand other rights. Theories and applications to the justifiable defense almost take the personal right ofdefense as a benchmark; while the standard of property and other rights of the defense refers topersonal right of defense, although this is different from the foreign special provisions on propertydefense and residential defense to highlight the special protection to property rights and housing rights.To take into account different interests of complex situations facing different illegal invasion, in orderto achieve the real intention of justifiable defense, I respectively analysis the differences of thedetermination of justifiable defense from the point of view of the personal rights, property rights andhousing rights. The above discussion on justifiable defense is theoretically based on solving practiceby removing people face unlawful infringement illegal forced relocation in the process of how toeffectively exercise the right of self-defense problem. This paper discusses the demolition of thepersonal rights, property rights and housing rights special situation of unlawful infringement in theillegal demolition process, which makes the defense the premise of different decides the differences ofthe limit of defense, defense time, etc. Self-immolation incident, which is selected for the personalright of defense, demonstrates that negative illegal infringement, and the urgent situation to takecomprehensive and elimination of hazards that define the defense time, take the necessary rationaldefinition of the said limit of defense. I mainly to distinguish different value limit of defense generalproperty and property definition for property rights defense. Housing rights defense focuses on illegalencroachment refused to withdraw from negative illegal infringement, respectively take different limitsof defense between daytime and nighttime in the defense time.Although the justifiable defense is thelegitimate rights to citizens that law entrusts with, the situation of the illegal demolition to thelegitimate rights and interests of citizens is intensified; the justifiable defense right of this vulnerablegroup has not get enough attention and support. This paper, to a certain extent, encourages people topick up legal weapons to protect their legitimate rights and protect the homeland against unlawfulinfringement. The right of self-defense should not lack.