Study On Self-defense Behavior In Criminal Law

In terms of the national relief, the self-defense is a kind of private relief force behavior. Self-defense is an instinct of human nature, is came out with the country and is the result of individual rights and state power game, has gone through the encouragement, restriction, prohibition and coexistence period. Nowadays, with the development of social economics which germinated the human rights awareness,People are more intense desire for security after meets their survival needs. Profit-driven nature makes the damage can not be avoided so that human survival depends on a perfect survival system and it is concerns that the powerful state power system does not fully meet the multiple needs of the individual rights protection, and thus recognized the legitimacy of individual Self-defense behavior is an inevitable choice for perfect security system.Most of the world has recognized the Self-defense behavior, but China’s criminal law did not conduct relevant regulations. In practice, the relevant cases are emerging in an endless stream, but could not follow, so the existence of Self-defense behavior is the necessity and possibility to be recognized by law. This paper from the following five aspects of Self-defense behavior discussed the status of self-help behavior to a breakthrough in our existing criminal law system.Introduction and conclusion of this article is divided into the following five sections:The first part is an overview of the criminal law Self-defense behavior. It argues theConcept and clears the inter meaning of self-relief behavior. It also distinguishes the differences between legitimate acts of self-relief behavior and self-relief behavior should be independent of other legitimate behaviors. In addition, it describes the historical evolution of the self-relief behavior which is considered as a natural expression of human nature, is a natural extension of human development, human laws should respect the natural choice.The second part, the value of self-help behavior attributes. This part from both positive and negative aspects describes the value of the self-relief behavior.Acts as a kind of Self-defense legal regime, the value of property determines social function. From the positive value point of view, self-help maintains social order, promote social justice, and promote social efficiency, the pursuit of social freedom. From a negative value perspective, easy to brutal acts of Self-defense, breeds violence; it tends to destroy the order of law. By studying the behavior of the value of the property for Self-defense, summed up the value of the pursuit of Self-defense actions are consistent with law, but must be subject to certain restrictions, to avoid a negative impact on society.The third part state the justification of the self-relief behavior.This section is on the basis of the different kinds of theories of justification of the self-relief behavior, also, this part from another point of view to explain the self-relief behavior. It argues that Self-defense behavior has a profound ethical basis, in accordance with the rights and value based, Self-defense meet the social behavior of traditional ethics, respect for human rights, restoration of social justice, Self-defense behavior of these essential attributes constitute the basis for their legitimacy.The fourth part explains the key component of the self-relief behavior. It is worth mentioning that not all the self-defense behavior can be constitutes self-defense behavior.. This part from the perspective of the traditional four elements argues the key parts of the self-defense behavior, while, also analysis and answer the questions of the controversies on the key component of the self-defense behavior.. Self-defense behavior generally only be exercised by the individual on the subject, while, under certain circumstances, the right to Self-defense may entrust a third party on behalf of the exercise. Limits of self-help behavior should be strict requirements in self-defense, Self-defense to determine whether the conduct exceeds the limits of necessity, should be combined with the theory of legal interests and social considerable theoryThe fifth part states some suggestions regarding with establish the self-behavior law. This section is based on the reality of our country’s judicial, our comprehensive legal environment and combined with the experience of extraterritorial legislation in order to make specific recommendations on self-help behavior of our legislation. Recommended in the "People’s Republic of China Criminal Law" in Article 21, the addition of a provision on self-help behavior.