Research On Legitimate Defense In Public Security Case

The justifiable defence system,which evolved from the development of human instinct,plays an essential role in protecting the rights and interests of citizens and maintaining social order.With the progress and development of society,people’s living standards have improved significantly.People’s material needs have gradually transformed into spiritual expectations,and their aspirations for fairness and justice have become more apparent.It is undeniable that the existing justifiable defence system has not been able to fully and effectively protect the legitimate rights and interests of the people.Especially in the field of public security management where the legal regulation of self-defense is lacking,theoretical research is scarce,and the concept of self-defense is backward.From a series of perspectives(the expectations of the public,the foundation of jurisprudence,the tendency of legislation,the loopholes of the legal system,as well as the needs of the times,the sources of legal history,and extraterritorial references),self-defense in security cases should exist and be improved.Because of the legal interface between criminal justice and public security management procedures,self-defense in public security cases and criminal cases is largely consistent in its constituent.In addition,due to a series of characteristics(the parties’ damage consequences are minor,the negligent behavior is not illegal,the infringement of legal interests is not serious,etc.)lead to a certain uncertainty in the determination of the cause of defense,the limit of defense,the consequences of defense,the restraint of the right of defense,and the self-invited infringement of legitimate defense in public security cases.Moreover,the laws and regulations on public security management do not provide for the act of self-defense.In order to get rid of the difficult situation that the public security authorities have no law to rely on when determining self-defense in public security cases.This thesis starts from the study of the constitutionality of self-defense in public security cases,with reference to the criminal law provisions on self-defense in criminal cases,and thus improves the provisions on self-defense in the Public Security Administration Punishment Law.To strengthen the protection of the right of defense in public security cases,the author suggests that the provisions of self-defense be incorporated into the Public Security Management Punishment Law,while introducing relevant legislation or judicial interpretations and studying and issuing relevant guiding cases.In the whole society to promote the "law can not give way to lawlessness" "do not let the evil be small" based on the spirit of the rule of law,we should enforce the law and standardize law enforcement behavior.This can ensure that the lawful rights and interests of the parties involved in security cases are effectively protected by law,so that the legitimate defense system to truly achieve the organic unity of the legal and social effects.