Self-induced Infringement And Self-defense

Literary infringement can be understood literally: self-inflicted illegal infringement.The so-called "infringement" refers to illegal infringement in a case of legitimate defense."Self-inviting" means that the illegal infringement is caused by the defendant himself."Self-introduction" emphasizes that there is a close spatial and temporal relationship between the previous behavior that caused the illegal infringement.If there is no causal relationship between the previous behavior and the illegal infringement that is caused,it is not a self-inflicted infringement.Discuss the situation.The academic community has a big controversy on the question of "infringement by self-recruitment".This article explains it from three dimensions: "illegal infringement","self-recruitment" and "self-recruitment infringement".It is considered that self-recruitment infringement refers to the illegal behavior in the legal evaluation of the defensive actor who can cause illegal infringement in the case of legitimate defense.The nature of self-recruitment infringement is illegal,excluding legal behavior and negative social ethical evaluation.This approach is helpful to prevent the nature of self-recruitment infringement from being ambiguous and different in judgment standards.Aiming at the prominent problem in difficult cases of self-recruitment infringement,that is how to determine proper defense in the case of self-recruitment infringement.The current common judicial practice in China is to prosecute according to defense,and there is no superordinate concept of self-recruitment.In handling suchcases of self-infringement,if a judicial practitioner determines that the perpetrator has an intent to harm the victim,he denies the defensive intention of the perpetrator,and judges that the infringement is the one-handed manipulation of the perpetrator,which is a defense provocation and the perpetrator loses his defense right.However,this article believes that self-infringement should be classified according to the subjective elements such as the intentional or negligent of the actor,and the situation where illegal infringement is caused based on intentional behavior and illegal infringement based on negligent behavior cannot be distinguished by defense.Self-invasion does not exceed the range of the basic elements of proper defense.The perpetrator has the intention to defend,and in most cases does not lose the right to defend.Therefore,there is room for legitimate defense in the case of self-inflicted violations.Based on this,this article discusses the determination of justifiable defense in the case of self-recruitment,focusing on the point in time and limit of defense.In general legitimate defense,the identification of the point of defense is based on the implementation of illegal violations;the defense limit is mainly based on the identification of the behavior limit(which obviously exceeds the necessary limit),and is supplemented by the identification of the result limit(causing significant damage).In the case of self-recruitment violations,the actor's defense point is shifted back appropriately,and the evasion obligation needs to be fulfilled within a reasonable time before the defensive attack can be carried out.How to evade and to what extent should be considered separately in accordance with the degree of fault(intentional and negligent)caused by the perpetrator.The defense limit also has more restrictive requirements than the normal legitimate defense.It is necessary to carefully and comprehensively judge whether the counterattack behavior of the actor obviously exceeds the necessary limit in combination with the defense means and the intensity of the attack.The result limit requires that the actor control the scale of the loss and the degree is no longer simply based on whether it caused significant damage.At the same time,the heavier the subjective fault of the actor must be followed,the more restrictive the principle must be.This article aims to provide some specific rules for self-recruitment infringement,which is intended to provide a reference for judicial practitioners to handle the difficult issues of legitimate defense better in self-recruitment cases.