The Research Of Decriminalization In Self-Salvation Action

Self-salvation action refers to the person whose right is infringed,in the case of an emergency,in order to restoration of right,relying on their own forces to implement the relief after the end of the crime,and did not exceed the limits of the situation.In the private remedy context,we need to distinguish between civil self-help behavior and self-salvation in criminal law.Self-salvation is behavior of a private nature of compulsory implementation of criminal suspects,and it is necessary to distinguish it from seizing in criminal procedure law.And also,Self-salvation is a justifiable cause,and it is necessary to distinguish it from other justifiable causes,especially justifiable defense and necessity.In theory,the rationality of self-salvation action is manifested as the concept of justice in line with the law,in line with the rights of the state to ensure the protection of the rights of the need to meet the substantive principles of the principles of statutory crime and punishment;from the reality,the defects of the public remedy,the efficiency of punishment,acceptance of criminal justice also constitute important reasons for the rationality of self-salvation action.The rationality of self-salvation action is not only that it satisfies the need of rights relief,but also its own existence of specific restrictions,so that self-help behavior formed a supplement to the public remedy.Such restrictions are reflected in the following aspects: the subject of the principle of the requirements of the exception,including the responsibility of the custody of the obligation and the relationship between the property;intention to require the existence of self-help behavior and results of the understanding and will;The existence of unlawful infringement,and has objectivity,wrongness and continuity;the objection includes property rights,and the rights can be compensated by the compensation method to get the right,but not including the exclusive rights of the person;the time required relief is not timely and cannot be restored;the limitation is required to consider the purpose and means of considerable,and with the reporting obligations.The majority view advocates the adoption of legislative means to achieve decriminalization in self-salvation action.In the long run,it is a reasonable path to legislate to meet the needs of human rights protection,to reverse the demand for one-sided punishment,and to apply the requirements of unified justice.For the time being,we should accumulate experience through judicial act.In the substantive law to set up an open constituent elements system,established as a decriminalization system,to provide support for the crime of defense.In the procedural law should be through the defense of the right to plea and the trial of neutrality to ensure that the decriminalization,through the reasoning system in judgment to ensure the rationality of decriminalization.