The Research Of Self-Defense In The Affray

Self-defense is the ground for elimination of illegality and a right which is law empowercitizens to face criminal violations to resisting. Affray, criminal acts of violation of publicsecurity order, and undermines social stability and harmony. The existence of self-defense inaffray, and if there is how to go finds, this is a controversial problem in the theoretical worldand practical sides. I tried to on these issues discussed and also hope that through this articlesolve a similar problem to provide a little bit of useful insights, to make their own duecontribution to future judicial work.This article is divided into five parts, about15,000of the total number of wordsfollowing an overview of the various parts of the article:Part Ⅰ: affray in the possibility of the existence of legitimate defense.The traditional viewthat the participants mutual affray between holding each other harm intentional, personalinterest in the process of their fight is not protected by the criminal law, so the self-defensedoes not exist in the affray. The point of view of the article is contrary to the traditional viewthat the possibility of the existence of self-defense in affray. Through the analysis of severalscenarios that may occur in the affray, and ultimately draw conclusions in the affray, theremay be a legitimate defense.Part Ⅱ: assembling a crowd to fight in self-defense recognized. The article first of theobjective conditions of self-defense (including the causes of conditions and object conditionsand time conditions) and subjective conditions (including defensive intentions and defensepurposes) and related theories are discussed, in order to put forward their views and theirspecific analyzed and discussed the establishment of conditions of legitimate self-defense inaffray, affray, and draw their own conclusions. Finally, the turn came to the point of viewapplied to specific cases, to analyze the case concluded.Part Ⅲ: mob brawl gone too far identified. The article first gone too far the theory isobtained gone too far need significantly more than the necessary limits and cause significantdamage to two parts.Separately discussed and concluded that the necessary limits andsignificant damage specific to the affray, analyzed and discussed on the identification of theaffray’s gone too far. Finally, specific case studies, to implement the conclusions drawn.Part Ⅳ: a special problem-a party in the affray prepared in advance whether it negates the establishment of legitimate defense. This section through a specific case, to analyze aspecial case in the affray, ie, advance party to prepare, whether it negates the establishment oflegitimate defense. The article by subjective and objective conditions of self-defense requiredto analyze the behavior of pre-prepared party, and eventually come to a party in the affrayprepared in advance negates the legitimate defense to the establishment of this conclusion.Part Ⅴ: Conclusion. This section is a summary of the basic ideas of the article, andpointed out that the judgment of the general principle of self-defense in affray.