The Research Of Self-defense In The Forced Demolition And Relocation

Forced demolition and relocation is the product of the process of China’seconomic development. It is a good thing that tears down the old building to makenew ones, however, if the relocation is forced, it is the beginning of the contradictions.Although there are provisions in the Constitution and the laws and regulations, theforced demolition and relocation still repeated. Forced demolition and relocation ledto a series of social problems and the growing trend of intensification. Most scholarsare to study the illegality of forced demolition and relocation from the perspective ofadministrative law, to calls for the authorities to standardize administrative actions inaccordance with the law, to respect and protect the interests of the people and put anend of forced demolition and relocation. As a Criminal Law student, the authorexplores how people should protect their rights and interests in the forced demolitionand relocation process from the perspective of justifiable defense.This article is divided into four parts, more than30,000words.The first part is questioning the legitimacy of forced demolition and relocation. Itis starting from the concept of forced demolition and relocation and the provisions ofexisting laws and regulations, analysis of the illegal nature of the forced demolitionand relocation from the two aspects of the procedural and substantive; further pointedout that the forced demolition and relocation violate the rights of many: includingproperty rights, personal rights and housing right.The second part is the right to property and legal protection of housing right. Thepart by means of the relevant documents of the United Nations leads multipleattributes of housing right: fundamental human rights, the comprehensive rightscontains personal rights and property rights, and even can be said that is mainly thepersonal rights. Then we analyze the contents of housing right from personal rightsand property rights both. By Foreign Investigation and Historical Survey, the authorbelieve, either western nations or ancient China, they have taken strong protectionmeasures to protect housing right because of the special nature. Housing Right isdifferent from the general property rights, and it should be given a stronger protectionthan the general property rights.The third part is the exercise of self-defense rights. The forced demolition andrelocation has any particularities such as lasting for a long time, a large number of unscrupulous infringe and difficult to judge the begin time, so it is difficult to judgewhether justifiable defense. This part is mainly from four aspects of the defense time,the defense objects, the limit of defense, and special defense to investigate how toexercise justifiable defense.The fourth part is criminal responsibility and Plea Causes of improper defense inthe forced demolition and relocation. The justifiable defense is rights of citizens.Beyond the boundaries of justifiable defense, it would be improper defense, whatshould be bear criminal responsibility. This part discussed untimely defense, defenseof a third person, over-defense these three kinds of improper defense of criminalresponsibility. Then, it list defense improperly Plea Causes based on the particulars ofthe forced demolition and relocation: victim’s fault, the psychology of the defender,the two sides was at daggers drawn, the gap between both sides was very greatdisparity. These are lead defense improper defense important factors, and evensometimes is the deciding factor, and therefore be investigated for the improperdefenders must be taken into account in order to make a fair judgment.