The Analysis Of The Elements Of Justifiable Defence Of Violence Against Illegal Forced Demolition

The events of violence to resist the illegal forced demolition occur more and more frequently in our country,and the public pays more and more attention to these social events.These social events reflect two social phenomena: first,the government has been induced by the political achievement concept of urbanization,which resulted in the increasing events of illegal forced demolition;second,people's awareness of the legal rights protection of personal housing and property becomes clearer,and the actions people take to protect the rights become stronger and more intense.The academic world starts to pay attention to how to determine the nature of the behaviors of violence to resist the illegal forced demolition in criminal law.The illegal forced demolition is referred to those have not been implemented through legal procedures.The legal demolition is not discussed in this article.By analyzing cases of the violence to resist the illegal forced demolition,and comparing the behaviors of violent resists and the elements of self-defense to conclude the nature of behaviors of violence to resist the illegal forced demolition in criminal law scope,it is the author's hope that the findings of this article could provide some implications to the Judicial practice of violence to resist the illegal forced demolition.The article starts with typical cases of violence to resist the illegal forced demolition,and demonstrates them from the following five key elements: the illegal forced demolition belongs to the unlawful infringement;the unlawful infringement is happening when the behaviors of violence to resist the illegal forced demolition carry out;the purpose of the behaviors of violence to resist the illegal forced demolition is legitimate;the behaviors of violence to resist the illegal forced demolition is against the executor implementing the unlawful infringement;and the essential limitation of damage caused by the behaviors of violence to resist the illegal forced demolition.Through the comparison of the behaviors of violence to resist the illegal forced demolition and the five elements of the self-defense,the relationship of different behaviors of violence to resist the illegal forced demolition and the self-defense has been concluded,and thus five conclusions about the nature of violence to resist the illegal forced demolition in criminal law scope have been made: First,the illegal forced demolition belongs to the unlawful infringement.Under this circumstance,it is the right of householders to self defense by using violence against the executor implementing the illegal forced demolition.Second,if the behaviors of violence to resist the illegal forced demolition carry out when the forced demolition is happening,it should be considered in the scope of self-defense;otherwise it should be considered in the scope of intentional assault.Third,if the purpose of violence to resist the illegal forced demolition is to protect the legal benefit of the housing right,it should be considered in the scope of self-defense;otherwise it should be considered in the scope of intentional assault.Fourth,if the behaviors of violence to resist the illegal forced demolition are against the executor implementing the forced demolition,it should be considered in the scope of self-defense;otherwise it should be considered in the scope of intentional assault.Fifth,if the behaviors of violence to resist the illegal forced demolition do not exceed the essential limitation of damage caused,it should be considered in the scope of self-defense;otherwise it should be considered in the scope of negligent crime.