On The Proper Defense In The Case Of Intentional Injury

Justifiable defense is a statutory exemption system established in the general provisions of the criminal law in China to prevent citizens from damaging the unlawful infringement caused by unlawful infringement and to be punished by law.The "criminal law" of the justifiable defense system into the "security management punishment law,and intentional injury to the public security case as the angle of view,to demonstrate whether the citizens for justifiable defense against violations of violation of public security administration,and for general illegal defense is not a crime for illegal behavior,causing damage or can still be from the" Security Management Punishment Law accountability,combined with the legislative level given current legislation and judicial practice recommendations.This paper is divided into five parts,the first part of the concept of intentional injury cases of public security were defined,described the difference between intentional injury cases of public security in the "criminal law" in self-defense and other crimes in self-defense,starting from the constituent elements of self-defense,self-defense is analyzed characteristics of intentional injury in a public security case.The second part analyzes the rationality and necessity of introducing justifiable defense in intentional injury public security cases from the perspective of theoretical jurisprudence and legislative jurisprudence,and discusses the legal basis for the application of justifiable defense system in intentional injury public security cases,combining with the legislative situation at home and abroad.The third part analyzes the requirements of justifiable defense in the cases of intentional injury.From the subject,object,behavior and result,the author analyzes the standard of defense limit.The fourth part analyzes the legal consequences of justifiable defense in the intentional injury of public security cases.From the two aspects of behavior and result,comparing with the theory and judicial practice of the criminal law,the legal consequence and exemption of the defensive action should be taken by the infringed in the case of intentional injury to public security.The fifth part is the author's work practice and four part of the analysis,some opinions and suggestions on the introduction of the justifiable defense system of intentional injury cases of public security and the "Public Security Management Punishment Law" in giving,and analyzes what kind of situation,what kind of illegal behavior,is when the defense system can refer to "Public Security Management Punishment Law",and the specific reference method.At present,because there is no clear legal provisions,regulations and rules of the justifiable defense system can be directly applied in the "Public Security Management Punishment Law",led directly to the citizens of self relief rights are violated,the writing of this paper to perfect the related system and legislative work has played a reference role.As the law of public security administration punishment and the criminal law belong to different legal departments,the theory and system in the criminal law can be applied in the law of public security administration punishment,which has become the main writing point of this article.And the proper defense system can be introduced into the law of public security administration punishment,and the connection between the legislative spirit and the legal department as the breakthrough point.