There are five criteria for the determination of justified self-defense:
1. The cause of defense: it must be carried out in order to protect the state, the public **** interests, one's own or other people's personal, property and other rights from unlawful infringement.
2, the conditions of defense: there must be a wrongful invasion occurred.
3, the time of defense: must be ongoing wrongful invasion.
4, the object of defense: must be practiced against the wrongdoer himself.
5, the limits of defense: can not be significantly more than necessary to cause significant damage.
What is self-defense?
Self-defense refers to a situation in which a person's life is threatened, and he or she has to use drastic means of self-defense in order to preserve his or her right to life. Self-defense is a legal situation, and it can only be considered self-defense if it is provided for by law. Self-defense killings are divided into self-defense and self-defense excess. Excessive self-defense depends on the circumstances, and if the degree of excessive self-defense exceeds certain conditions of the criminal law, one may be held criminally liable or even subject to civil liability.
Legal basis
The Criminal Law of the People's Republic of China
Article 20
Justifiable defense in order to make the state, public **** interests, my own or other people's person, property and other rights from the unlawful aggression in progress, and the act of stopping the unlawful aggression, on the If the unlawful aggressor causes damage, it belongs to self-defense and is not criminally liable.
Where legitimate self-defense clearly exceeds the necessary limit and causes significant damage, the person shall be held criminally liable, but shall be mitigated or exempted from punishment.
If a person who is in the process of committing murder, homicide, robbery, rape, kidnapping, or other violent crimes that seriously endanger personal safety acts in self-defense and causes injury or death to the victim of the unlawful aggression, he or she shall not be held criminally liable for having committed an inappropriate act of self-defense.
The Law of the People's Republic of China on Punishments for Public Security Administration
Article 43
Anyone who assaults another person or intentionally inflicts bodily harm on another person shall be sentenced to detention for not less than five days and not more than ten days, and to a fine of not less than two hundred yuan and not more than five hundred yuan; and in the case of less serious circumstances, he or she shall be sentenced to detention for not more than five days or a fine of not more than five hundred yuan.
In any of the following cases, he or she shall be sentenced to detention for not less than ten days and not more than fifteen days, and shall be fined not less than five hundred yuan and not more than one thousand yuan:
(1) beating or injuring another person in a gang;
(2) beating or injuring a disabled person, a pregnant woman, or a person who is less than fourteen years old or who is sixty years old or older;
(3) beating or injuring another person several times, or at one time assault, injury to more than one person.