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Does it constitute self-defense for others to break into my house without my permission?
Legal analysis
According to the law, the establishment of justifiable defense needs to meet the following conditions: 1. Dangerous elements: legitimate defense must be aimed at illegal infringement; The second is the time factor: it must be that the illegal infringement is going on; Third, the objective elements: legitimate defense must be aimed at the illegal infringer; Fourth, restrictive elements: justifiable defense cannot exceed a certain limit; Five, the constitutive elements of behavior: the behavior of the actor is caused by the action taken to stop the actor. "Others break into my house without my permission" is illegal infringement, and "I expel by force" is a legitimate defense that meets the time conditions and the object conditions do not exceed the necessary limits. In practice, if you encounter a similar situation, if others do not use force, or if the illegal infringement does not cause real and imminent danger, it is recommended to persuade them to quit their homes by words first. If he doesn't listen to dissuasion, he can seek the help of the community security, or call the police and let the police handle it.
legal ground
Article 20 of the Criminal Law of People's Republic of China (PRC) * * * In order to protect the national interests, the public, the person, property and other rights of oneself or others from the ongoing unlawful infringement, and stop the unlawful infringement, which causes damage to the unlawful infringer, it belongs to self-defense and does not bear criminal responsibility. If justifiable defense obviously exceeds the necessary limit and causes great damage, criminal responsibility shall be borne, but the punishment shall be mitigated or exempted. Taking defensive actions against violent crimes such as assault, murder, robbery, rape, kidnapping, etc., which seriously endanger personal safety, and causing casualties to illegal infringers, is not excessive defense and does not bear criminal responsibility.
Article 181 of the Civil Law of People's Republic of China (PRC) shall not bear civil liability for damage caused by justifiable defense. If justifiable defense exceeds the necessary limit and causes undue damage, the justifiable defender shall bear corresponding civil liability.
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