Ethical analysis of legal system of self defense in socialtransformation

Gong Huating

Abstract：This paper first analyzes the determination of the legal system of self-defense，then analyzes the ethical value of the legal system of self-defense from three aspects，which are conducive to encouraging and supporting the people to fight against illegal and criminal acts，promoting good and punishing evil，self-defense with educational significance，and helping to stop illegal infringement.Finally，it analyzes the ethical defect and improvement of the provisions of civil responsibility of self-defense This paper discusses the ethical defects in the design of the legal system of self-defense and the countermeasures to improve it.

Key words：social transformation;legal system of self-defense;ethical thinking

1.An analysis of the ethical value of the legal system of self defense

1.1It is conducive to encouraging and supporting the people to fight against illegal and criminal acts and promoting good and punishing evil

The design of system is directly related to the generation of social justice effect.In the time of emergency，we should encourage citizens to stand up and act bravely without hesitation，so that citizens can protect their legitimate rights and interests from infringement in time and effectively in the face of illegal infringement，and promote socialist morality and social integrity.The main significance of the act of self-defense is to protect the public interests and other legitimate rights from the ongoing illegal violations，encourage citizens to fight against the ongoing illegal violations，deter criminals and make them dare not act recklessly，so as to achieve the purpose of preventing and reducing crime[1-2].

1.2Self defense has educational significance

The State encourages the implementation of self-defense，so that the majority of the people through the fight against illegal acts，cultivate the sense of justice that citizens and illegal acts are irreconcilable，establish the idea of master，carry forward the spirit of solidarity and mutual assistance，protect the legitimate rights and interests of society and citizens，and promote social harmony.Therefore，it has great practical significance.

1.3Help to stop illegal infringement

In order to protect the public interest，the personal and other rights of oneself or others from loss，protect the legitimate rights and interests from illegal infringement，and thus confirm the inviolability of the legitimate rights and interests in law.Although there are various punishment measures in law，they are all punishment after the crime.To encourage citizens to exercise their right of self-defense can be stopped in time when the illegal infringement is in progress.Therefore，it can be said that this system is the most direct and timely guarantee for all kinds of legitimate rights and interests.

2.Conclusion

In a word，the revision and improvement of the self-defense system in the criminal law of the peoples Republic of China should reflect the requirements of socialist morality and justice.For example，Neil McCormick pointed out that “institutional morality has two categories：on the one hand，it must adapt to the actual legal system and politics of the envisaged civilized society as much as possible.On the other hand，in terms of meeting this “adaptation” requirement，it should be possible to be close to the ideal of our “background” political morality.“ Only when the lofty moral ideal and the legal system of self-defense are perfectly combined，can the legal system of self-defense show its authority and efficiency，encourage citizens to fight against illegal crimes，stimulate citizens enthusiasm for self-defense，promote the formation of a good social atmosphere，and promote social harmony.

References：

[1]Chen Chen.A jurisprudential study on Zhang Jians intentional injury death case [D].Beijing：Beijing Normal University，2012.

[2]Cui zhongyun.A comparative study of self defense between China and South Korea [D].Beijing：Peking University，2012.

（作者單位：Dalian Ocean University  Dalian，Liaoning province）