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制止不法侵害
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明晰构成要件准确把握“制止不法侵害”
Xin Lang Cai Jing· 2026-02-06 23:02
Core Viewpoint - The revised Public Security Administration Punishment Law, particularly Article 19, establishes the legal attributes and consequences of actions taken to stop ongoing unlawful infringements, filling a regulatory gap in public security law [2][11]. Summary by Sections General Positioning of the Stopping Unlawful Infringement Clause - Article 8(2) of the Public Security Administration Punishment Law establishes that criminal acts violating public security must be pursued criminally, affirming the principle of criminal priority [3]. - The law serves as a general norm within the administrative law system, addressing core issues such as unlawful behavior and stopping unlawful infringements, while related laws like the Road Traffic Safety Law and Environmental Protection Law are specific norms [3]. Thought Process for Recognizing Stopping Unlawful Infringement - The recognition process follows a two-step approach: first, assess if the damage caused meets the conditions for public security punishment; second, if it does, analyze whether it meets the criteria for stopping unlawful infringement [4]. - If the damage does not meet the punishment criteria, it is not evaluated under the stopping unlawful infringement clause [4]. Objective and Subjective Requirements - Objective requirements include the reality, illegality, and harmfulness of the unlawful infringement, emphasizing that the infringement must be ongoing and pose a real danger [6]. - Subjective requirements necessitate that the individual has the intention to stop the unlawful infringement, which must be assessed based on specific case contexts [7]. Administrative Responsibility Division for Stopping Unlawful Infringement - Administrative responsibility is categorized into no responsibility and responsibility based on whether the stopping action exceeds necessary limits [8]. - Actions that meet the criteria for stopping unlawful infringement are not subject to punishment, while those that exceed necessary limits may incur penalties but can be mitigated [8]. Connection with Criminal and Civil Law - The scope of stopping unlawful infringement is limited to the infringer and their direct accomplices, with third-party actions falling under emergency avoidance provisions [9]. - The relationship between stopping unlawful infringement and self-defense in criminal law creates a three-tier regulatory system that collectively safeguards citizens' rights [10]. Importance of the Revised Law - The revisions to Article 19 provide a clear legal basis for recognizing self-defense in public security management, emphasizing the need for precise application and continuous refinement of recognition rules through practical cases [11].