The Self-salvation Action In Criminal Law

As a natural right,the self-salvation action is the Supra-law ground for elimination of misfeasance.China’s judicial practice and criminal law theory do not well reflect and use the value of the self-salvation action.The criminal law theory treats criminal self-salvation and civil self-help as the same;judicial practice confuses it with the legitimate causes of justifiable defense and act of rescue,making the criminal law theory vague and the judicial determination confusing.In order to give play to the role of self-salvation action in judicial practice,it should be clear that self-salvation action is one of the methods of private relief and a supplementary means of public relief.There is an essential difference from civil self-help behavior,and its own existence is justified.This article demonstrates the legitimacy of self-salvation action from the four perspectives of the necessity of self-rescue behavior,legal philosophy basis,criminal law provisions,and the theory of justice chosen by rational people under the curtain of ignorance.In order to maintain the authority of government remedies,this paper believes that only when the victim has suffered from illegal infringement,in order to restore his legitimate interests,it is too late to request legal assistance or legal rejection,the victim uses reasonable means to restore the legitimate interests,and notifying the authority in time after the incident which can be regarded as a self-salvation action.In order to effectively guide the application of judicial practice to determine the legal responsibility of self-salvation,this paper believes that if the victim’s behavior fully meets the conditions of the self-salvation,the court can judgment base on the self-salvation theory;if the victim exceeds the limit of the self-salvation,the court should considered the sentence based on the theory of self-salvation action,embody the value of self-salvation action,protect the basic rights of the victims,and achieve fairness and justice.If the victim lacks a certain element in the act of restore rights,it cannot be determined that the act complies with the act of self-salvation.