Definition Of Self-defense In The Brawl

We live in a society in transition, and contradictions in all aspects of society,so that the self-defense is more particularly important. It is a right, rising form the natural right to a legal right by making laws. Brawl is not a unfamiliar expressions, although China's criminal law does not provide for assault, criminal law makes the appropriate provisions for the crime of affray. In the brawl and affray, is it existence of self-defense?One case occurred in Changshu, jiangsu Province in 2012, it sparked heated debate between theorists and practitioners. The case cause is that HE Qiang entrusted by XU Jianzhong the people who debt to ZENG Yong.HE Qiang discussed with ZENG Yong about the debt, but he failed, and then HE Qiang led several people who carry weapons and fight with ZENG Yong. A fierce debate occurred between prosecution and trial which HE Qiang's behavior is the crime of affray or self-defense, One focus of the debate is that HE Qiang who involved in fighting against his will, can be set up self-defense.This thesis, to define the self-defense in a fight as the center, divided into four parts. The fist part introduces the judicial practice in China for brawl finds, that is generally recognized as a crime of intentional injury. The second part introduces the theoretical basis regarding self-defense, and dissertate the importance and significance about the Law benefit measure said. The third part introduces the definition about self-defense under the guidance of the theory of the Law benefit measure said. The fourth part introduces the impact on definition of self-defense under special conditions.