What qualifies as justifiable defence?

In China, justifiable defense refers to the necessary and reasonable defensive actions taken in order to protect the legitimate rights and interests and personal safety of the self-bootstrapped car when it is unlawfully infringed. The scale of justifiable defense is strictly regulated by law, and here are some of the key elements in determining justifiable defense:

1.The wrongful offense is ongoing: The justifiable defence must be directed against the ongoing wrongful offense. If the unlawful offense has ended, or if the defence was exercised significantly earlier than the unlawful offense, it cannot be considered legitimate defence.

2.Subjectively to protect one's own legitimate rights and interests: The purpose of legitimate defense must be to protect one's own legitimate rights and interests, such as life, body, property, etc. If the defence is exercised with the intent to injure another person or to commit another unlawful act, it cannot be considered justified defence.

3.Defensive measures must be reasonable: The justifiable defensive measures must be reasonable, necessary and not exceed the limits of necessity.

If the defensive measures are too severe or clearly beyond reasonable limits, they may be considered excessive. Excessive defense also entails legal liability, but the punishment can be mitigated to a certain extent.

4.The Principle of Limits: According to the provisions of China's Criminal Law, justifiable defense must follow the principle of limits.

When judging whether an act of defense is justified defense, the following factors need to be considered: whether the nature, intensity, and urgency of the act of defense and the act of unlawful aggression are commensurate; Whether the act of defence clearly exceeded the necessary limit.

If you encounter danger in real life, it is recommended to take avoidance measures first, such as running away, calling for help, etc. In the absence of avoidance, legitimate defense may be carried out, but it is necessary to pay attention to the reasonableness and limits of defensive measures. If necessary, call the police and seek legal help.

When encountering danger, it is necessary to take measures to deal with it, among which is justified prevention.

Sanitation is an effective means. But there are limits to justifiable defense, and it is needed.

The corresponding conditions must be met in order to be effectively implemented. Specifically, justifiable defense.

The scale should meet the requirements of self-defense in order to protect oneself from harm.

Real-time performance and defense should not be excessive.

First, justifiable defense must be a defense that satisfies oneself from harm.

The first condition for justifiable defense is that the implementation of justifiable defense must satisfy oneself.

On the premise that you will not be harmed, specifically, you must first harm yourself.

Only when you are in good faith can you defend yourself and not when you are hurt when you don't have it.

If that is the case, it will not be justified defense.

Second, justifiable defense must tremble and laugh at the fact that the act of defense after the fact is not positive.

When defended. The second condition for satisfying justifiable defense is immediacy, that is, immediacy.

Justifiable self-defense must be carried out while the harm caused to oneself is in progress. As.

If the other party's hurtful behavior has ended, it is not okay to defend yourself again.

In self-defense. This is the measure of justifiable defense.

Thirdly, legitimate self-defense must be carried out within the prescribed limits.

Degree. One of the most important conditions for justifiable defense is that it cannot be overcome.

Specifically, if the act of self-defense causes harm to the other party.

If you do more than the harm you have done, then your actions are a violation.

It is not justified defense, at least it is excessive defense, therefore, justification.

Defense, which must be carried out within the prescribed limits. In the event of danger, the scale of justifiable defense depends on the following factors:

1.The situation at that time: legitimate defense requires the cooperation of time and space, and the danger must be seen and heard.

danger in order to defend in time. If it is an after-the-fact defense, it is not justified defense.

2.The necessity of means of defense: The means of justifiable defense must be necessary, than.

For example, if you can defend yourself successfully with a slight means of damage, you can use it excessively.

A tough way, then it is not justified defense.

3.Assault: If the assault is not manifest or true.

There is a positive danger, or the assault has ceased and then a counterattack is given, that.

Such a counterattack is not justified defense.

4.Reasonableness of the defensive act: If the defensive act is seriously beyond the person being attacked.

identity, status, gender, age, etc., to the extent reasonably required by circumstances, that.

Such an act of self-defense is not justified self-defense.