The difference between a violation of the administration of public order and legitimate self defense

To constitute an act of violating the administration of public security, the following three conditions must be met at the same time:

1. Violations of the administration of public security must have a certain degree of social harm, and will cause harm to the legitimate rights and interests of the state, society, and citizens. There are two criteria: one is whether it is harmful to society; The second is the degree of harm.

2. Violations of the administration of public security must be minor and not criminally punishable. Acts that cause slight harm to society are the essential characteristics of violations of public security administration.

3. Violations of the administration of public security must be acts that should be punished by public security in accordance with the provisions of the "Regulations". If an act is illegal and causes certain harmful consequences to society, but it is not an act that should be punished as stipulated in the regulations on public security administrative punishments, it cannot be found to be a violation of public security administration.

The subject of the violation of the administration of public security refers to the person who has committed the violation of the administration of public security and shall be punished by the administration of public security in accordance with the provisions of the "Regulations on Punishments for the Administration of Public Security".

The object of the violation of the administration of public security refers to the social relations protected by the Regulations on Penalties for the Administration of Public Security, and which is violated by the violation of the administration of public security.

"Justifiable defense" refers to the act taken to stop the unlawful offense against the person who is committing the ongoing unlawful offense, and where damage is caused to the unlawful offender, it is justified defense and does not bear criminal responsibility.

1. The legitimate defense must be directed at an unlawful offense;

Two. It must be at the time when the wrongful encroachment is ongoing;

Three. The justifiable defence must be directed against the wrongdoer;

Four. Justifiable defence cannot go beyond certain limits.

5. Acts that cause harm to the perpetrator of the unlawful infringement when taking the act to stop the unlawful infringement.

Violation of public order is a malicious disturbance of order and a violation of the regulations on the administration of public security. Justifiable self-defense is an act of self-protection when one's own safety and interests are unlawfully infringed. One is active and the other is passive.

Legal Analysis: The Law of the People's Republic of China on Public Security Administration Penalties has no legitimate defense. Justifiable defense is a criminal law concept, and the legal consequence of justifiable defense is not to bear criminal responsibility.

There is no concept of justifiable defense in the absence of justifiable defense, but this does not mean that the law on the punishment of public security does not use the criminal law concept of "justifiable defense" but uses the concept of "stopping illegal and infringing acts", and stipulates that such acts are not violations of the administration of public security and shall not be punished by the administration of public security.

Legal basis: 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 damage to the unlawful infringer, it is justified defense and does not bear criminal responsibility.

Justifiable defense is a concept in the Criminal Law, but is not provided for in the Public Security Administration Punishment Law or the Administrative Punishment Law, justifiable defense refers to defensive measures taken against criminal acts, and those who cause damage to the unlawful offender do not bear legal responsibility.

Legal basis: 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 damage to the unlawful infringer, it is justified defense and does not bear criminal responsibility.