1, cause condition:
(1) There must be illegal infringement;
(2) Unlawful infringement is not limited to criminal acts. The scope of illegal infringement should include illegal acts and criminal acts;
(3) Illegal infringement must exist in reality. As for the degree of unlawful infringement, it is usually limited to violent, destructive and urgent unlawful infringement;
(4) Unlawful infringement should usually be committed by people.
2. Time conditions. The time condition of justifiable defense means that justifiable defense can only be carried out when the unlawful infringement is in progress, and it is impossible to carry out pre-defense and post-defense so-called unlawful infringement is in progress, which means that the unlawful infringement has started and has not yet ended;
3. Object conditions. The objective condition of self-defense means that self-defense can only be implemented on the illegal infringer himself, but not on the third party. As for whether the wrongdoer has reached the legal age of criminal responsibility and has the ability of criminal responsibility, it does not affect the establishment of justifiable defense;
4. Subjective conditions. The subjective condition of justifiable defense means that the defender must defend subjectively, that is, protect the state, public interests, personal, property and other rights of himself or others from unlawful infringement. If it is not for the above purposes, justifiable defense cannot be established;
5. Restrictions. The limit condition of justifiable defense means that justifiable defense cannot obviously exceed the necessary limit and cause great damage. Whether it obviously exceeds the necessary limit and causes great damage is a sign to distinguish between legal and illegal, legitimate and excessive defense;
6. The right to improper defense. According to the law, taking defensive actions against violent crimes such as assault, murder, robbery, rape and kidnapping that seriously endanger personal safety, resulting in unlawful infringement of human casualties, is not excessive defense and does not bear criminal responsibility.
Legal basis: Article 20 of the Criminal Law of People's Republic of China (PRC).
Self-defense in order to protect the state, public interests, personal, property and other rights of oneself or others from ongoing unlawful infringement, and to stop the unlawful infringement and cause damage to the unlawful infringer, it belongs to self-defense and does not bear criminal responsibility.
If excessive and justifiable defense obviously exceeds the necessary limit, causing great damage, criminal responsibility shall be borne, but the punishment shall be mitigated or exempted.
Special defense If defensive actions are taken against ongoing violent crimes such as assault, homicide, robbery, rape and kidnapping that seriously endanger personal safety, resulting in unlawful infringement of personal injury or death, it is not excessive defense and does not bear criminal responsibility.