Study On The Identification Of Justifiable Defense In Public Security Management Punishment

As a citizen's right,justifiable defense is not a special "immunity gold medal" in the field of criminal law,but a natural right that should exist and be enjoyed in all departments of law.Article 20 of China's Criminal law defines the application of justifiable defense in criminal law.However,the Law of the People's Republic of China on Penalties for Public Security Administration(hereinafter referred to as The Law on Penalties for Public Security Administration)does not specify the application and identification of the justifiable defense clause.In the investigation of the application of justifiable defense in public security management punishment,the author found that apart from the objective reason which is not clearly stipulated in legislation,the main reason why justifiable defense is rarely recognized in public security management punishment is the lack of research on the constituent elements and identification standards of justifiable defense in public security management punishment practice.Direct use of the criminal law on the elements of justifiable defense and cognizant standard machinery,theory and practice of the public security management penalty in the composition of justifiable defense elements and judgment standards lack of systematic understanding and research,resulting in the public security management penalty cognizant confusion and limit.Therefore,the author thinks that it is urgent to study the identification of justifiable defense in the punishment of public security management in China.This paper based on the basic theory of justifiable defense system and the introduction of related concepts,for the study of the justifiable defense of the administrative penalties for public security to provide theoretical support,On the basis of extracting paper expounds the concept of justifiable defense in administrative penalties for public security,civil law and criminal law justifiable defence in comparing with justifiable defence in the administrative penalties for public security,thinking about the characteristic of justifiable defense in administrative penalties for public security,it is concluded that the administrative penalties for public security the violation justifiable defence of people facing nature for ACTS violating the administration of public security,Its outstanding display of "public security illegal acts to prevent" function and other characteristics.After that,by referring to the provisions of domestic department laws on justifiable defense,the author studies the constitutive elements of justifiable defense in public security administration punishment,that is,it should maintain the unity with other department laws of Our country on the judgment criteria of justifiable defense,that is,it should also include the cause elements,time elements,object elements,subjective elements and limit elements.At the same time to the public security management penalty of justifiable defense elements and cognizant standards are demonstrated and analyzed,especially the limit of the elements of the defense of the unlawful infringer can not exceed the level of minor injury.If it constitutes serious injury,it will enter the field of criminal evaluation,not within the evaluation scope of public security management punishment.public security management punishment and its identification standards,so as to provide reference for the identification of justifiable defense in public security management punishment practice.