What is justifiable defense, what is justifiable defense

What is justifiable defense?

Justifiable defense refers to the act of defense taken to stop unlawful infringement in order to protect the state, the public interest, the person, property and other rights of the person or others from ongoing unlawful infringement. It is an act of counterattacking the illegal infringer and protecting the legitimate rights and interests from infringement, and it is a legal system stipulated in the criminal law to protect the perpetrator from fighting against illegal and criminal acts. Acts of justifiable defense shall meet the following conditions:

1. The purpose of the act of defence must be to protect the interests of the State, the public interest, the person, property and other rights of the person or another person from unlawful infringement. The legitimacy of the purpose of defense is the primary condition for legitimate defense. If the purpose of the defense is not justified, the justifiable defense cannot be established, for example, in the case of a crowd fighting to kill each other, there is no justifiable defense because they both have the intention to harm the other party.

2 The act of defence must be directed against the wrongful offense. In the absence of an unlawful offense, there is no need for justifiable defence. The unlawful infringement targeted by justifiable defense mainly refers to the illegal infringement of all lawful rights and interests of the state and citizens protected by law.

The perpetrator must be in the form of an unlawful act in order to exercise legitimate defense, and cannot exercise legitimate defense against a lawful act. If law enforcement personnel detain or arrest a criminal suspect or search or seize items are acts of performing their duties in accordance with law, the person being detained or arrested or a third party cannot use the excuse that their personal freedom or property rights and interests have been infringed upon to carry out legitimate defense.

3 The act of defence must be directed against an ongoing wrongful offense. The "ongoing unlawful infringement" here has two meanings: first, the unlawful infringement does objectively exist, rather than subjectively imaginary or speculative; Second, the unlawful infringement must be ongoing, not something that has not yet begun, has ceased or has been carried out.

4 The defence must be directed against the perpetrator of the wrongful offense. The purpose of the exercise of justifiable self-defense is to eliminate and stop the unlawful offense, and the unlawful offense comes from the aggressor, so to stop the unlawful offense can only cause damage to the wrongdoer himself, and cannot infringe on unrelated third parties, including the aggressor's family.

5 Justifiable defence must not cause significant harm beyond what is clearly necessary. According to the provisions of the Criminal Law, under normal circumstances, legitimate defense is limited, for example, for some non-serious violations, the defender should take appropriate defensive acts that can stop the unlawful offender. The intensity and consequences of such action should be limited to whether or not it is necessary for the act of defence.

If the perpetrator's defensive act exceeds a certain limit, he or she will bear certain criminal liability for causing significant damage. Therefore, under normal circumstances, the defense must not clearly exceed the necessary limit to cause significant damage, which is the limit that citizens must comply with in the exercise of legitimate defense, and beyond this limit, the act of defense will change from legitimate to illegal. Only in the case of defence against some violent crime that seriously endangers the safety of the person.

Justifiable defense refers to the lawful act taken to stop the illegal infringement in order to protect the public interest of the state and the rights of oneself or others from the ongoing illegal infringement.

Justifiable defense is when your personal safety is threatened, you take action to protect your personal safety, which is justified defense.

Justifiable defense is a just means for a person to bully another person for no reason and without a bottom line, and the other party takes measures to protect himself and needs to defend his rights!

When your safety and life are threatened by others, you should fight back in self-defense.

It's to resist when someone wants your life.

What is justifiable defense? Star Awareness Project

Can I fight back when someone hits me?

"Justifiable defense" refers to the act taken to stop the unlawful infringement against a person who is in the process of unlawful offense, and causes a certain amount of damage to the unlawful offender, which is justified defense and does not bear criminal responsibility.

It should meet the following criteria:

1. The legitimate defense must be directed against an unlawful offense.

(ii) it must be at the time when the unlawful infringement is ongoing;

III. Justifiable Defense Cannot The essence of justifiable defense lies in stopping unlawful infringements and protecting legitimate rights and interests. It has the following basic characteristics:

1 Justifiable defense is the unity of the justification of the purpose and the defensiveness of the act.

Justification of purpose means that the purpose of justifiable defense is to protect the state, the public interest, the person, property and other rights of the person or others from ongoing unlawful infringement. The legitimacy of the purpose is closely related to the defensiveness of the act. First, the legitimacy of the purpose restricts the defensiveness of the act.

Second, the defensive nature of the act embodies the legitimacy of the purpose and is an objective manifestation of the legitimacy of the purpose.

2 Justifiable defense is the unity of subjective defensive intent and objective defensive behavior.

"Defensive intent" refers to the state of mind in which the defender is aware of the ongoing unlawful infringement and is determined to stop the ongoing unlawful infringement in order to protect the state, the public interest, the person, property, and other lawful rights of the person or others. There is an essential difference between legitimate defense and crime, and only when we see the essence of legitimate defense to stop illegal infringement and protect the legitimate rights and interests of the state and other countries can we truly grasp the basis for justifiable defense not to bear criminal responsibility.

3 Justifiable defense is the unification of socio-political and legal evaluations.

The purpose of justifiable defense is to protect the state, the public interest, the person, property and other rights of oneself or others from ongoing unlawful infringement, and objectively has the nature of stopping unlawful infringement and protecting legitimate rights and interests.

Significance: 1. Protect social interests and other legitimate rights and interests from illegal infringement.

2. Deter criminals from acting rashly.

3. Encourage citizens to fight against ongoing wrongful violations.

Legal basisArticle 20 of the Criminal Law of the People's Republic of China.

Where an act taken to stop an unlawful infringement is taken in order to protect the state, the public interest, or the person, property, or other rights of oneself or others from an ongoing unlawful infringement, and causes damage to the unlawful infringer, it is justified defense and does not bear criminal responsibility.

Justifiable defense refers to the necessary defensive actions taken to protect the personal and property safety of oneself or others in the face of unlawful infringement. The following is an example of the scale of justifiable defense:

2.Necessary defense: For example, if someone robs with a knife, you can take necessary defensive actions, such as using self-defense equipment to fight back, but you cannot use excessive defensive behaviors, such as using firearms and other lethal acts.

3.For example, if someone robs with a knife, you can take reasonable defensive actions, such as using self-defense equipment to fight back, but you can't take excessive defensive actions, such as using a firearm or other lethal behavior.

4.Don't go more than necessary: For example, if someone robs with a knife, you can take the necessary defensive actions, such as using self-defense equipment to fight back, but you can't use excessive defensive actions, such as using a firearm or other lethal behavior**. Big search.

Generally speaking, the scale of justifiable defense is relatively strict, and it is necessary and reasonable to take defensive acts that do not exceed the necessary limits when the unlawful infringement has occurred or is about to occur. If the necessary limit is exceeded, it may constitute excessive defense and need to bear corresponding legal responsibility.

Justifiable defense refers to the act of taking necessary defensive actions to protect one's own or others' safety, property rights and interests, within the scope permitted by law, when oneself or others are illegally infringed. In general, acts committed in the following circumstances are justified self-defense:

1.As a last resort, it must be taken after it is a last resort and there is no other effective hand to avoid or reduce the damage.

2.Confirmation of danger: The perpetrator must believe that his or her own or others' life, property, or other lawful rights and interests have been illegally infringed upon or threatened by an actual, ongoing, or imminent mausoleum, that is, the perpetrator believes that he or others are in a state of danger.

3.Necessity: Because the perpetrator has identified the danger, the action taken against the spine transport person must be necessary. That is to say, the defensive acts taken by the perpetrator must comply with the provisions of the law and common sense, must not be excessive, and must not harm the legitimate rights and interests of others.

In short, justifiable defence needs to be carried out under reasonable circumstances, and not to act aggressively because of personal interests or prejudices. If the act of justifiable defense exceeds the necessity or infringes upon the legitimate rights and interests of others, then he must also bear the corresponding legal responsibility in law.

In human society, the safety of oneself and others has always been paramount. When we are in danger, we tend to take various measures to protect ourselves and those around us. However, in the process, we must follow certain rules and laws to ensure that the actions we take are legal.

Justifiable defence means taking action where necessary to prevent or stop an ongoing or imminent violation of the law, and in accordance with the law. But what kind of behavior can be considered justifiable self-defense? This needs to be judged on a case-by-case basis.

First, justifiable defence must be taken in the face of a real threat. If there is no actual threat, then no action taken can be counted as justifiable defence. For example, attacking someone in the absence of a clear threat does not count as justifiable defence.

Second, justifiable defence must conform to the principle of proportionality. This means that the actions taken must be commensurate with the threats faced. If the action taken is too drastic or disproportionate, then it cannot be counted as justifiable defence.

For example, the use of lethal force in the face of a minor threat is incompatible with the principle of proportionality.

Finally, justifiable defence must be carried out within the limits of lawfulness. This means that the actions taken must be in accordance with the law and ethics. If the action taken violates the law or ethics, then it cannot be counted as justifiable defence.

In conclusion, justifiable defense is an important means of protecting oneself and others, but we must follow certain rules and laws when acting to ensure that what we do is lawful and ethical. Only in this way can we truly protect the safety of ourselves and others, and maintain the stability of the social order.

The basic principles of justifiable defense include the following:

1.Legitimacy: Justifiable defense must be a lawful act of remembrance in response to an unlawful violation. That is, it must be within the scope of the law, for the purpose of protecting legitimate rights and interests.

2.Necessity: The act of justifiable defence must be necessary, i.e., reasonable and proportionate, and cannot exceed the scope necessary for the defence. It is only when no other reasonable means are available that the necessary defensive measures should be taken.

3.Exigence: The act of justifiable defence must be taken in an exigent situation, i.e., an imminent or ongoing unlawful violation requires immediate response and there can be no apparent time gap.

Justifiable defense refers to a reasonable action taken to protect oneself or others from infringement when endangering one's own rights and interests or the rights and interests of others. Justifiable defense is highly realistic and socially recognized, and its behavior is not immutable to the specific circumstances, danger level, and danger of the harmful act. Therefore, when choosing a legitimate defensive act, it is necessary to make an effective and appropriate judgment in light of the specific circumstances.

In China's criminal law, the provisions on justifiable defense are: In the case of necessity, in order to prevent the present or imminent unlawful infringement, the necessary actions are taken to defend against the unlawful infringement, and the harmful consequences arising therefrom are not illegal acts.

When determining the scope of justifiable defence, the following factors need to be considered:

1.Fatalness.

The greater the hazard, the lower the threshold sail for taking action against the hazard countermeasures. For example, if one person holds a knife and is less likely to be judged dangerous than another person empty-handed, he will be more likely to take stronger justifiable defense. In the case of justifiable defense, it is necessary to analyze the existing laws and determine whether one's actions are justified defense based on the possible harm.

2.Excessive effort in self-defense.

In legitimate defense, the most important thing is to protect one's own rights and the rights and interests of others. If the behavior is excessive or the aggression is excessive, there is a risk that the legitimate behavior will turn into an illegal act. Therefore, in practice, it is necessary to improve the judgment criteria according to the hazardous components, and to understand the local regulations when making judgments.

3.Temporality.

Justifiable defense seeks to protect one's own rights and interests or those of others, so measures must be taken before or during the realization of the unlawful offense. In other words, the defensive measures taken must be preemptive or stopped on the spot, and the hazards that have already occurred can be effectively controlled by taking defensive measures.

4.Difficulty.

Justifiable defense is usually carried out at the outbreak of a crisis, and there is not enough time to make a precise judgment. Therefore, in an emergency, it is difficult to make a completely rational decision, and even miscalculations are inevitable. Therefore, it is important to have reasonable expectations and a good sense of judgment when dealing with the Minhu crisis, so that we can make the right decisions.

To sum up, the judgment and action of justifiable defense must be comprehensively analyzed according to factors such as the specific situation, the level of danger, the dangerousness, the nature of the danger, and one's own ability, including taking proactive preventive measures, such as calling the police, avoiding conflicts, and fleeing. In situations of uncertainty, it is advisable to choose actions that are safe, responsible, and do not provoke the other person, and it is best to avoid danger and ensure your own personal safety.