Research On Justified Defense In Fighting Each Other

Self-defense(also known as self-defense,referred to as self-defense)is a concept of the civil law system in criminal law.Means an act to put an end to an act that causes harm to the wrongdoer in order to protect the interests of the State,the public,one's own or another person,property and other rights from an ongoing unlawful infringement,This is self-defense and it is not subject to criminal responsibility."If justifiable defense obviously exceeds the necessary limit and causes major damage,it shall bear criminal responsibility,but it shall be reduced or exempted from punishment.So legitimate defense,as a right,whether it can be established in the fight,or completely rule out the possibility of its establishment.The author thinks,as far as the concrete fight situation in reality is concerned,its own expression form is diverse,can not generalize,because the existence of the fight denies the possibility of the establishment of self-defense,is not in line with the legal theory and the reasonable.Academically speaking,when it comes to fighting.In addition to the conclusion,this paper is mainly divided into three parts.The first part first makes a clarification on the background of this topic,and also makes a brief explanation of the establishment conditions and relationship between mutual assault and self-defense.The second part of the article mainly analyzes the legitimate defense conditions in the mutual combat through practical cases,including the cause conditions,defense consciousness,defense time,defense limits,etc.in the mutual combat,and emphasizes the differences between it and the general conditions for the establishment of self-defense.The third part of the article analyzes the existence of some cases of legitimate defense in the fight in judicial practice and the judicial whether these fights can be established in the specific judgment.Mutual fights can also be called mutual fights.The word "fight" is a crime in the ancient criminal law of our country.According to the provisions of the "Law of the Tang Dynasty",they fight for each other and fight for each other.Therefore,it can also be seen that the fight itself is a crime prohibited by the law.However,whether legitimate defense can be established in mutual fights is the most important issue.The author considers a large number of judicial cases and finds that most of the disputes about the quality of self-defense are related to mutual fights.Therefore,it has become an important issue in the determination of legitimate defense to correctly identify the legitimate defense in the mutual assault.The core of the mutual fighting is mutual fighting.Although the fighting is mutual,there is still a distinction between who started the fight and who started it.The first party to do so has personal aggression against the other party and is an illegal infringement.The next party to do so is a defensive act against the illegal infringement of the other party and belongs to a counterattack.Under normal circumstances,the act of counterattack constitutes self-defense.The so-called self-defense,the right word,shows that it is necessary to have a counterattack behavior to have legitimacy,in order to be called self-defense.Why the Counterattack Behavior Is"Legitimacy",from a macro point of view,it means that the defense behavior fully conforms to the requirements of self-defense,in line with the organic unity of the subjective and objective elements of self-defense.What is the organic unity of the main objective elements is the organic unity of defense effect and defense intention.So fighting in the existence of legitimate defense,counter-attack behavior also needs to have legitimacy.From the microscopic point of view,the legitimacy of self-defense is "positive" and "when",and it is the organic unity of "quality" and"quantity"."Positive" indicates the "quality" of defensive behavior.It reflects the nature of defensive behavior and is an instinctive response to people's urgency.It conforms to general morality and ethics.The author believes that because the cause of mutual assault is often based on civil disputes,the cause of mutual assault should not be a condition for the characterization of self-defense in criminal law.Although in the actual case examination,the author often found that the judicial person will simply rule out the existence of self-defense because of the cause of the mutual fighting.The author believes that even if the defenders themselves have fault with each other or even directly caused each other to fight,when determining whether legitimate defense can be established,it should be based on the behavior status of the defender and the attacker at that time,and the mutual fight should not be the result.Become a condition for determination.In addition,the performance of mutual assault in practice is often very complex.When determining legitimate defense in mutual assault,we must accurately grasp the basic principles of legitimate defense,and according to the specific circumstances of the case,Including the specific time of the case,the environment,the location,the strength of the two sides,the intensity of the infringement,the availability of equipment,intellectual status,unlawful infringement and the means of defense,etc.,a comprehensive and comprehensive examination.