The Research On Legislation Of Self-salvage

Self-salvage,as well as justifiable defense and emergency actions,belongs to important private remedy,but it has been excluded from the criminal legislation system.From the perspective of history,self-salvage from the primitive society began as a human solution to the contradictions and the disputes,which is a instinct of human self-preservation.Especially in today,the development of market economy has led to the various contradictions and interest requirements.This reality makes the litigation system supported by public power is too high,which is difficult to solve the disputes in the social transformation period timely,conveniently and efficiently.Compared with the public remedy,self-salvage has their inherent advantage,which is more fit for the people.If self-salvage could be brought into the constitution of crime in our country,it will be the inevitable choice to resolve the judicial dilemma.This paper tries to discover the meaning and origin of self-salvage,and make an in-depth analyses based on the perspective of legislation,to find a way to solve the judicial difficulties faced by self-salvage and contribute to the construction of the rule of law force.The whole paper has more than 37000 words.In addition to the introduction and the remainder,the paper consists of four parts:The first part: The overview of Self-salvage.First of all,this part defines the definition of self-salvage by analyzing the relevant concepts of self-help behavior,then distinguishes self-salvage from civil and administrative law and the current illegal and obstructing,so as to reveal the essential meaning of the Self-salvage in criminal law.Secondly,properly clear the historical evolution of self-salvage.At last,this part expounds the realistic dilemma of self help behavior and analyzes its causes.The second part: the legislative dispute of the self-salvage.On the issue of legislation of self-salvage,people have both supportive views and opposing views.Through the comparison and analysis,the author holds that there is an inherent defect in the view of the negative person,which fails to carry on the thorough analysis from the overall angle perspective.At the same time,the author thinks that it is difficult to fully reveal the necessity of self rescue behavior in criminal law in spite of his agreement.The third part: the legislative basis of self-salvage.On the foundation of absorbing the rational elements and combining with the reality of our country,this part elaborates the basis of the legislation of self-salvage from the aspects of the legitimacy of self-salvage and thelegislation tension.The fourth part:The legislative conduct of self-salvage.In this part,the author defines the scope of the legal regulation of self-help behavior,and deeply analyzes the five requisites of the self-salvage,such as the precondition,the subjective condition,the subjective factor,the time condition and the limit condition.At the same time,this part defines the type and legal responsibility of the improper self-salvage and designs the content of self-salvage---It is recommended that the self-salvage listed as one of twentieth general principles of criminal law.Thus self-salvage and justifiable defense and emergency actions together act as a deterrent to the exclusion of social harm.