Self-salvage Research,based On The Viewpoint Of Criminal Law Legislative Theory

Self-salvage is refers to the legitimate right have been an unlawful attack, the actor inorder to protect themselves in an unlawful attack has ended, the infringement of the rights canbe restore but too late to request national public power force authority for salvage inaccordance with the law and if does not salvage whose benefit is difficult to recover in time,in emergency, rely on the actor own power, take appropriate means to preserve or recovery ofright. From the historical point of view, before the public relief produce, self-salvage has beenas a kind of private relief mode has been widely used. With the continuous development ofpublic relief and perfect, is the self-help behavior still legitimacy, if still legitimacy, what isthe legitimacy basis, what is the comment according to China’s criminal law and how to buildit into the theoretical system of crime in our country. For these problems, this paper will try toanalyze these issues based on the point of legislation, in order to have more clearlyunderstanding and grasp, provide useful opinion to criminal law legislation for our country inthe future.In addition to preface and epilogue outside, this article is divided into the following threeparts, a total of about twenty-six thousand words:The first part: Self-salvage theoretical definition. This part mainly discusses the conceptof self-salvage, the nature has the legitimacy subjectively, which do not have social harmobjectively, essentially belong to private relief, and the sort of self-salvage, expound theself-salvage from macroscopic view.The second part: The legality basis of self-salvage. Since the debate about self-salvagecorrelation theory in the end of the19th century, these are positive and negative two opposingpoints of view about legality of self-salvage. This article suggests that the self-salvage islegality, mainly because it is the solid foundation of humanity and value considerations.The third part: The legislative ideas of self-salvage. This part first is to discuss thelegislative ideas of self-salvage, according to the actual situation in our country, only built itinto the legal adjustment range can conform to the traditional Chinese legal system, and toprovide clear legal basis for effectively regulate an increasing number of self-salvage; Thesecond is the elaborate establishment condition of the self-salvage in detail, it is the importantand difficult points in this paper, only regulate the establishment condition scientific andaccurate can control it in the law order reasonable range; The third is to distinguish self-salvage, justifiable defense, emergency actions taken to avoid danger and otherillegal anti-actually matter, in order to understand the self-salvage clearly; The fourth iselaborate criminal law clause expression of self-salvage, the author thinks that, it should setup a separate "Cause of justification" chapter in the general provisions of criminal law, thenstipulate self-salvage, justifiable defense, emergency actions taken to avoid danger and otherillegal anti-actually matter in this chapter, the law clause of the self-salvage should bearranged in justifiable defense and emergency actions taken to avoid danger, single themout.