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Original title: The First Division of Secondary and Secondary Schools published new regulations for justified defense to effectively correct “whoever dies or is injured is justified”
Guangming.com, Beijing, September 3 (Reporter Mantao Sun)This morning, the Supreme People’s Court, the Supreme People’s Prosecutor’s Office and the Ministry of Public Security issued the “Guiding Opinions on the Legal Application of the Justifiable Defense System” (hereinafter, the “Guiding Opinions”), clearly understanding and understanding the legal provisions and the legislative spirit of legitimate defense. For those who meet the conditions for the establishment of self-defense, we must resolutely identify and effectively correct the erroneous tendencies of “who can cause trouble” and “who is killed or injured”, and firmly defend the spirit of the rule of law of that “the law cannot make concessions to the law.”
The “Guiding Opinions” noted that it is necessary to accurately grasp the boundaries and avoid misidentification. Regarding unlawful and criminal acts that commit unlawful offenses in the name of defense, we must resolutely avoid identifying them as legitimate defenses or excessive defenses. While it is defensive in nature, but the defensive behavior obviously exceeds the necessary limit and causes significant harm, it will also be considered as excessive defense under the law.
The reporter pointed out that the main content of the “Guiding Opinions” consists of three parts, which respectively stipulate the specific application of legitimate defense, excessive defense and special defense.
Jiang Qibo, director of the Supreme Office of Legal Investigation, said that the cause of self-defense is an illegal violation. In this sense, Article 5 of the “Guiding Opinions” clearly stipulates the specific concept of unlawful infringement: “Unlawful infringement includes both violations of the rights to life and health as well as violations of personal liberty and the rights of public and private property, both include Criminal acts also include illegal acts. “” Illegal infractions include both illegal infractions directed against oneself, as well as illegal infractions against the country or the public interest or against others. “” By illegal infractions such as illegal restrictions on the personal freedom of others, illegal trespassing on the houses of others, etc., It can be defended.
Self-defense must be against the ongoing illegal infringement, that is, the illegal infringement has started but has not ended yet. Regarding the criteria for determining the time conditions, Article 6 of the “Guiding Opinions” emphasizes: “Whether the illegal offense has started or ended, it must be based on the defender’s situation during the defense and according to with the perception of the general public, make reasonable decisions in accordance with the law. Judgment, no defenses can be demanded. “
The “Guiding Opinions” noted that legitimate defense is “from good to evil” and should be directed at illegal offenders. However, illegal violators cannot be strictly interpreted as those who directly commit the illegal violation, but also include the organizers and instigators on the scene who jointly commit the illegal violation. In this regard, Article 7 of the “Guiding Opinions” has been made clear. Furthermore, Article 7 of the “Guiding Opinions” also stipulates: “Whoever knows that the offender is a person without criminal capacity or a person with limited criminal responsibility, will try to prevent or stop the offense by other means; there is no other way to prevent or stop the illegal violation, OR if the illegal violation seriously jeopardizes personal safety, it can be countered. “
In addition, the “Guiding Opinions” noted that both self-defense and fighting with each other can cause harm to the other party, and are similar in appearance and easily confused. In practice, individual cases have the phenomenon of “damaging the mud” and “fighting each of them”. As long as they cause minor injuries or more of the consequences to the other party, they will be treated as crimes, blurring the line between “positive” and “wrong.” Be corrected. In this regard, Article 9 of the “Guiding Opinions” requires that the principle of unity of subjectivity and objectivity be respected, exhaustive judgments be made, the subjective intentions and the nature of the perpetrator’s behavior be accurately captured and accurately determined. the relevant behavior, whether of legitimate defense or mutual struggle.
