Defense behavior and infringement are a pair of contradictions，Actually it is law and illegal、The relationship between positive and unfair。The logical relationship between it is very clear: the violation is illegal，So defense behavior is legal; violations are improper，So the defense behavior is legitimate。Converting this logical relationship into propositions of legitimate defense，is "the law cannot be concession to illegal concessions"。Defense behavior is not to avoid infringement，If you are required to encounter illegal infringement，Obviously not compliance with the relevant regulations of legitimate defense。So legitimate defense is the basic right，instead of supplementary principles。

　　Bet365 lotto review Avoiding Rules

From the perspective of comparative method，Criminal Law of various countries stipulates legitimate defense rights，But there are four different rules for avoiding obligations: one is absolute avoidance rules; the other is to avoid the rules; the third is to avoid the rules; the fourth is not to avoid the rules。

First，Absolute Avoiding Rules Requirement Before the implementation of any defense behavior，Whether you can do it can be avoided by avoiding it to avoid infringement，No matter what kind of infringement is facing，Defenders must avoid it first。Some scholars discovered from the 20th century jurisprudence，Some judges have adopted absolute avoidance rules in the referee，But the requirements of the British law on avoiding the obligation of avoidance continued to weaken，So far，At least in the general law system, Bet365 lotto review there is no rules for avoiding the rules of the criminal law。

Second，Avoid the rules required to avoid the defense before implementing the defense，But if there is no chance to be retreated，Defenders can directly defense。Avoiding the difference between the rules and absolute avoidance rules is，Avoid the rules that the defense requests the defender only needs to avoid it if they can "clearly", "safe" or "reasonable" avoidance。For example，Scottish Criminal Law Standards，The defendant only when there is no reasonable opportunity to escape from illegal violations，Only to implement defense behavior。other，The American Model Code specifies the rules of avoidance，Therefore, some US states also stipulate the obligation to avoid the obligation in their criminal law，Especially in the "anti -kill" case，Can't use death counterattack at the beginning，However, except for illegal infringement in the residence or workplace。

again，Weak avoidance rules do not take the avoidance obligation as one of the establishment conditions of legitimate defense，Instead of whether to consider whether the defense behavior is appropriate as a whole。The current law of the UK stipulates the rules of weak avoidance，But due to the tradition of the jurisprudence，Weak avoiding rules and strong avoidance rules are difficult to distinguish。For example，In the Regina v. Bird case in the UK，The defendant Bird poured a cup of red wine for his ex -boyfriend，The ex -boyfriend slapped her and pressed her on the wall，The defendant directly raised the wine glass and smashed the face of his front boyfriend，The glass is broken，Poke blinding my ex -boyfriend's eyes。The court of first instance thinks，The behavior of the defendant is not established for legitimate defense，Because she did Bet365 app download not perform any avoidance behavior, it showed that she was unwilling to participate in the fight。But the first trial was revoked by the Appeal Court of England and Wales，The reason is that although the evidence of the lack of avoidance in this case，But avoiding obligations is not the establishment of the establishment of legal requirements。visible，British law has realized the transformation from a strong position to weakening for avoiding obligations，But in judicial practice，Especially when distinguishing between the boundary between mutual fighting and defense，Avoiding behavior，It will definitely increase the reasonableness of legitimate defense。Canadian criminal law has also adopted weak avoidance rules，Only providing the obligation to avoid defense，No provisions to avoid defense for non -provocation defense。

Last，Do not avoid the rules refers，Even if there are "clear", "safe" or "reasonable" avoidance conditions，Defenders do not need to avoid。2005，The United States Florida Criminal Law explicitly stipulates，In encountering illegal infringement，No obligation to avoid。Since then，More than 20 states in the United States have provided in the criminal law without avoidance obligations。

　　my country's "Criminal Law" adopts the rules of no avoidance

The defense system stipulated in Article 20 of the Criminal Law in my country adopts the rules of no avoidance，Give citizens the most thorough defense rights。But from the perspective of the system design，Just defense is a balanced arrangement made between the legislators based on the concept of fairness and justice in the defense and the invaders: on the one hand，To curb illegal violations，Criminal Law has reasons to ask people to infringe on the risk of counterattacks that may suffer from their own violations，And tolerance obligations for the result bet365 Play online games of the damage。On the other hand，To avoid abuse of defense rights，Criminal Law also requires the defense to do not surpass the scope allowed by the society when implementing defense.。If illegal infringement does not have "urgency"，Judicial organs will consider whether there are possibilities to objectively implement other effective behaviors。

Taking "Expected Defense" as an example，On the occasion where the actor has foreseeed that there will be an occasion that there will be illegal violations，Whether its counterattack behavior is established in proper defense has always been controversial。I have a point of view，It should be distinguished as "abstract expectations" and "specific expectations"。The former is far away for the distance、Not a certain infringement expectation，As long as it is objectively existing the possibility of implementing other effective behaviors (whether it is for help from the police or asking for help from others)，That is not to establish a legitimate defense。The latter is for it soon、The expected infringement is determined，At this time, the actor did not evade or seek help (such as the alarm) at this time，Directly implemented counterattack behavior set up legitimate defense。This is a game between the exercise of defense rights and avoiding obligations: if you want to expand the proper defense right of citizens，The urgency requirements of relaxation illegal infringement，Expected defense occasion does not require an actor to avoid the expected infringement; if it is necessary to restrict the abuse of proper defense rights，Tighten the urgent requirements of illegal infringement，Expected defense occasion is required to avoid the expected infringement。

Criminal Law is not allowed to "anti -kill"，The concept behind it is to prohibit Bet365 lotto review the principle of abuse of rights。On the occasion of "anti -kill" infringement from the purpose of defense，Whether the defense abuses the defense right is the key to whether its behavior is legitimate。For example，In the "Yu Huan's intentional injury case" (guidance case No. 93 of the Supreme People's Court)，According to the concept of "the law cannot make a noble concession"，Yu Huan countered illegal restrictions on personal freedom caused by illegal debt、Insulting and other behaviors，It is a legitimate defense; but according to the principle of abuse of rights，Yu Huan is still investigating at the police at the police、Police lamps are still flickering normal law enforcement "context"，Holding the knife to stab four people with a knife to get rid of the enclosure (to death、The two were seriously injured、Light injury by one person)，Obvious behavior。But，In the "Yu Haiming's Regardless Defense Case" (Supreme People's Procuratorate No. 47)，The judicial organs affirmed that Yu Heming's "anti -killing" behavior belongs to the legitimate defense，and indicate: Faced with the violation of the "murder" nature of illegal infringement，Defenders can counterattack with equivalent or more intensity，Even if it causes illegal violations of people, casualties，No need to worry about setting up a problem that may be excessive defense that constitutes crime。This indicates，The judicial organs to ensure the life and personal safety of the defense，The concept of "the law cannot be concession cannot be concession" in special defense occasions。visible，Law requires citizens to avoid abuse of rights while exercising defense rights，Once the citizen will not abuse defense rights under the "situation" at that time，The law will let go of the requirements for defense limits。

Article 20 of the Criminal bet365 best casino games Law in my country stipulates on the basis of not avoiding rules，Citizens need to avoid when they encounter illegal infringement，Or do you think that citizens have the obligation to tolerate the tolerance，All are improper restrictions on defense rights。Some scholars find out based on the analysis of the 3238 judgment based on 2017-2018，The court generally requires the defense to show a certain degree of tolerance or avoidance during the referee，Otherwise, it will be considered that there is no need for legitimate defense，to deny the legitimacy of defense behavior -this approach is obviously improper。For this，Supreme People's Court、Supreme People's Procuratorate、"Guidance on Application of the Regardless Defense System in accordance with the law" (Fa Fa [2020] No. 31，The following is referred to as "Opinions") Determined demand for avoiding obligations。

"Opinions" also broke the traditional point of view of "fighting without defense"，In the fight caused by trivial matters，For the faulty party, first hands -on and the means are obviously too excited，or one party first，When the other party strives to avoid conflict (with obvious avoidance behavior), it continues to infringe，The behavior of fighting one side should generally be identified as a defense behavior。The only avoidance obligation to retain the "Opinions" is for children、illegal infringement implemented by special subjects such as mental patients，Because this part of the infringer is a person with no criminal responsibility or a person who restricts criminal responsibility，Defenders should properly avoid it，Try to use other ways to avoid or stop the infringement，Unavoidable or illegal infringement seriously endangers personal safety，Can counterattack。Therefore，Judicial organs have been bet365 Play online games encouraging citizens to exercise defense rights and prohibit citizens from finding the best balance point。

　　(Author is an associate professor at the School of Law of Beijing Aeronautics and Astronautics University)