How to tell if an unlawful infringement is ongoing

Legal Analysis: Unlawful infringement refers to the infringement of legal interests due to criminal acts or other illegal acts. As a condition of legitimate defence, unlawful infringement should not be limited to criminal acts, because other illegal acts may also cause damage to legal interests.

The use of the word wrongfulness in criminal law indicates that there can be justifiable defence against other offences. However, it is not possible to defend against any violation of the car combustion law, and its scope should be limited to the scope of attack, destruction, and urgency.

Legal basis: Criminal Law of the People's Republic of China: Article 20: Where an act taken to stop an unlawful infringement is taken in order to protect the state, the public interest, or the person, property, and 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.

In fact, it still depends on the actual situation to make an arrangement, after all, different things have different solutions, and what is needed is a more compromise solution.

1.Justifiable defence must be justified. That is, when threatened or attacked, people must act in a defensive manner that is reasonable. Reasonableness includes two aspects: one is that the other party's attack must be real and cannot be fabricated;

2.It is the other party's aggressive behavior that must be harmful. For example, if a person is hit with a fist and ascends, then he can't fight back with a knife, because such a counterattack is excessive and unreasonable.

Second, justifiable defence must be necessary. That is, when threatened or attacked, the defensive actions that people take must be necessary.

3.The necessity includes two aspects: first, the necessity to act defensively, that is, if the act is not taken, it may lead to greater harm; The second is that defensive acts taken must comply with the requirements of legitimate means, and excessive means must not be used.

For example, if a person is hit with a fist, then he can fight back with his fist, but if he kills the attacker with a gun, then such a counterattack is excessive and unnecessary. Finally, justifiable defence must be proportionate. That is, when threatened or attacked, people must act in a modest manner.

4.Moderation is twofold: one is the timing of the counterattack, which must be taken immediately when attacked;

5.The second is the degree of the counterattack, which must be commensurate with the degree of the attack, and must not be excessive or insufficient. For example, if a person is hit with a fist, then he can fight back with his fist, but if he kills the attacker with a stick, then such a counterattack is excessive and inappropriate.

Generally speaking, justifiable anti-noise and anti-reputation defense is a legitimate act of self-defense, but it must be weighed in three aspects: reasonableness, necessity and proportionality in practical application. People need to protect their lives, property, and dignity in the face of danger, but they also need to act defensively in accordance with the law and ethics.

Therefore, before taking defensive actions, it is necessary to carefully assess the situation, judge whether the other party's offensive behavior is real, whether it is harmful, whether it is necessary to take defensive behavior, and choose appropriate means and timing of counterattack, so as to avoid taking excessive or insufficient defensive behavior.

Here are some examples of common wrongdoings:

1.Personal assault: includes intentional injury, assault, assault, homicide, etc., causing actual harm or threat to the body or life of the person who conceals the jujube.

2.Property infringement: including theft, robbery, fraud, embezzlement and demolition, destruction of property, etc., illegal possession, damage or deception of others' property.

Article 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, the person, or the person, property, and other rights of the person or others from an ongoing unlawful infringement, and causes damage to the unlawful infringer, it is justified defense and does not bear criminal responsibility.

Unlawful infringement refers to the infringement of legal interests due to criminal acts or other illegal acts. The law stipulates that an act taken to stop an unlawful infringement in order to protect the state, the public interest, the person, property, and other rights of oneself or others from an ongoing unlawful infringement shall be regarded as justified defense and shall not bear criminal responsibility.

Article 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, and other rights of oneself or others from ongoing unlawful infringement, and causes harm to the unlawful infringer, it is justified defense and does not bear criminal responsibility.