【 Weak current College 】 security knowledge

First, common sense and order management

(A) acts violating the administration of the classification of


The behavior of violating the Administration, according to long-term with acts violating the administration of the actual situation of the fight, the regulations under the Act of illegal content, contrary to law and order management practices summarized as follows at the end.


1. acts of disturbance of public order.


2. prejudice to the public safety act.


3. the acts of infringement of personal rights.


4. violations of public and private property.


5. Administration of disrupting society.


6. violation of fire management behavior.


7. violation of the traffic management act.


8. breach of account or identity management behavior.


The Ordinance on prostitution, introduction to prostitutes, habitual or taking in prostitution, habitual behavior, violation of the Government of CSW provides cultivation of opium poppy and other narcotic crops, gambling, or gambling to provide conditional behavior, production, reproduction, sale, lease or dissemination of pornographic books, paintings, obscene, pornographic or other pornographic video, made a separate provision.


(Ii) breach of Security Management Act and the distinction between criminal acts


1. the seriousness of the case and on the size of social harm. Crimes are more important than acts violating the Administration, social harm is greater than the acts violating the administration.


2. the breach of the law. Criminal offences under the criminal code, violated the law and order management acts in breach of the Ordinance.


3. it should be punished. Crime should be subject to punishment, in violation of public order, shall be governed by the Security Administration punishment.


II. legitimate, the necessity of common sense
(A) the legitimate conditions


The starting point is a defense to protect the legitimate rights and interests. However, in the protection at the same time causing wrongful practices by certain damage. Therefore, in the exercise of this right must be in compliance with the conditions set by law. Otherwise, the abuse of Defense right, unlimited expand on each other, not only to the same crime fighting purposes, will result in the interests of the State and people should not be damaged, destroyed the Socialist rule. Legitimate conditions including wrongful assault and defense two conditions.


1. conditions of infringement of the legitimate


(1) there must be real wrongful violations, in order to be legitimate. The so-called real wrongful violations, is objectively a danger to society. In other words, this kind of harm to society, is not a subjective imagination and predict behavior, which is objective and existent.


(2) the need for ongoing infringement acts to implementation of the legitimate. This condition is that the timing of self-defence. Infringement is occurring is the wrongful violations have occurred and had not yet been completed. At this point, the wrongful violations at the implementation stage. For example, the murderer is lift sword to cut to the victim, thieves are breaking twist lock. Wrongful violation has not yet occurred or


Has ended, are not part of the ongoing infringement acts. In this case, the behavior is not part of the legitimate.


2. the conditions for the legitimate defense


Defense behavior is caused by the wrongful violations, including defense and defense limit of two terms.


(1) the legitimate need for illegal practices, introduce himself. This condition means that there is no legitimate not against wrongful practices of others. Of the legitimate aims to exclude illegal practices, therefore, can only be taken for damages against himself, cannot prejudice the legitimate interests of others.


Statutory obligation for has not reached the age of the person and the mentally ill by infringements cannot implement the legitimate. Circumstances of urgency, take the rescue.


(2) of the legitimate cannot exceed the necessary limit undue prejudice. The limits of necessary self-defence, refers to the effective suppression of infringement to the extent necessary. Determine the limits of necessary self-defence, one is to see whether the defence act effectively restrain infringement; the second is to put the Defence Act and compare against the Act, where the integrated analysis that defense behavior and violations in character strength, means approximately equivalent, can be found to be necessary to stop unlawful practices. Otherwise, in order to protect the legitimate interests of the minor, but on the wrongful practices are causing significant losses; or use a relaxation of the defence means would be enough to stop illegal practices but fierce, the intensity is very big means that exceed the limits of necessary self-defence.


These two aspects of Defense of the four conditions, is an organic whole, can be dispensed with, only these two aspects of the four conditions for both, you can set up a defense. Otherwise, it is legitimate.

(Ii) common non-legitimate


Non-legitimate, refers to the perpetrator's behaviour does not comply with a condition of "legitimate defence". Non-legitimate belonging to wrongful acts, to assume the liability. Common non-legitimate, there are the following:


1. the imaginary defense


The legitimate need for real wrongful violations. Imaginary defense, refers to the wrongful violations actually does not exist, just as the perpetrator of the error, imagination or speculationThe existence of illegal practices, and to imagine or to speculate against the person in violation of the Act.


2. the defence of provocation


Defense against wrongful violations is initiated against the people, who forced to defend defense, to avoid the damage. Defence of provocation, the wrongful act of a deliberately provocative, inducement encourage each other, including, for their first, and then the attack to the "legitimate" as an excuse to kill the opponent's one.


3. not timely defense


The legitimate need for ongoing infringement rows can be implemented. Not timely defense, is not an ongoing infringement acts as the "defence". It includes two scenarios, and after the defence ahead of the defence.


4. outside the defense


The legitimate need for infringement, I implemented. Outside the defence, the defence of illegality against persons other than those of violations.


5. resist defense


Defense is the legitimate rights and interests of advocates, on the infringement to counterattack. On the implementation of legal acts

People, the absence of a legitimate issue. Resistant to the defence, the behavior of people in order to protect their own interests, and the illegal conduct or other implementing legal acts are irresistible, encroachment. For example: the fugitive to resist police manhunt.


6. from coming to blows behavior


Legitimate parties, a party is violated, the other party's legal rights of defenders. If the parties have to each other against intentional, implemented a wrongful act, you are part of infringement, both no legitimate rights. From coming to blows behavior means mutual fighting behavior.


7. defence ever when


Legitimate cannot exceed the necessary limit. Defense when refers to the Act of defense behavior more than the necessary limits to each other causing undue prejudice.


(Iii) the legitimate work in defence of significance in the


Legal defense as a legal system, we do well to defend public order.


1. the defense can guarantee our effective discharge of their duties, actively fight with illegal activities


China on the provisions of the criminal code is our defense of a legitimate right, and we as a country and the community's legal obligations are honoured, protected by law. We work in security, when encountered in the public interest, of himself or another person's legal rights have been violated, you can exclude the legitimate defence, weapons, ensuring that we violated units and other people's legal rights are not infringed, thus effectively protecting the country, the collective and the people's interests, done our due diligence responsibilities.


2. legitimate can serve to prevent delinquency, the role of ensuring social stability


According to the legitimate requirements of any citizen in the legitimate process, according to the law on illegal practices to my personal or property damage are not legally responsible. This will enable those troublesome or dared to defy the law of molecules, fear, be intimidated to not dare or easily to endanger social activities, so as to prevent and reduce crime.


3. the legitimate will help to raise the awareness of our law, consciously safeguard socialism method


Legitimate, on the one hand, to encourage citizens to actively join the fight against criminal acts; and on the other hand it has asked the citizens to comply strictly with the legitimate conditions impetuously, abuse defense right over the limits of necessary self-defence, resulting in the destruction of Socialist rule.


(Iv) the rescue


Rescue refers to the public interest, or another personal and other rights from the ongoing risk of harm, had a legitimate interest.


The necessity of the main elements are:


1. must be a legitimate interests are urgent danger threat. Here, one that refers to another's wrongful practices; second, the forces of nature; third, animal attacks, etc. On legal acts cannot implement rescue.


2. the risk must be ongoing, rather dangerous yet to come, or is already in the past, this kind of impending moment before the rescue.


3. hedging behavior must be to make legal interests against damage, it is established does not allow the introduction of rescue.


4. hedging behavior

Must be no other way to exclude the danger. In compelling circumstances.


5. rescue must be real, not imagined or inferred.


6. hedging behavior cannot exceed the limits of necessary. That is damaging the interests of others must be preserved in the interests of light, otherwise exceed the requisite minimum, result in undue prejudice, it shall bear criminal responsibility. Our criminal law article 18, paragraph 3, concerning the avoidance of risk provisions, I shall not apply to duty, business has specific responsibility for people, not to save his or any other rights as an excuse to escape their duties and obligations. If the resulting consequences, should bear the legal responsibility.


3. site protection knowledge
Our code of criminal procedure, article 72 provides: "any entity or individual,Have an obligation to protect the crime scene, and immediately notify the police to conduct surveys. "Security personnel on duty in their own jurisdiction if found criminal cases, should be responsible for good protection field, to create conditions for the public security organs detection.


Crime scene, the criminals of points and left and crime scene and evidence of all places. Criminal elements in a certain period of time, location, the use of certain methods and means of committing an offence, because the consequences inevitably cause the change involved things that leave traces. The scene is the analysis of the facts of the cases and staff capture criminals and trial of important evidence-of criminals.


(A) the classification of the scene


General is based on the scene after loss, true and false, and crimes Division of the activities of the order, in the scene, usually encountered in the field in General can be divided into the following:


1. press the field status, status and Protection Division


(1) the original scene. That is, after the occurrence from the case to the survey, not subjected to any alteration and destruction, still in the criminals committing the original state of the scene.


(2) changes in the scene. That is the case, due to natural or man-made reasons, causing the site to its original State took part or all of the changes, signs left by the offender, the evidence had been varying degrees of damage.


(3) counterfeit site. The criminals in the implementation of the criminal process, in order to escape the destruction of evidence, against a planned and destinations will be forged to the scene shifted reconnaissance of sight, or framed in person, in a vain attempt to trap; and some for some needs, but intends to manufacture effected on site. However, no matter how clever criminals, as long as the implementation of crime, is inevitably cause the change things, the implementation of crime and cover up the crime of contradictions is insurmountable.


2. press the criminal activities of primary and secondary site:


(1) the Centre of the scene. The location of committing the crime.


(2) the perimeter-scene. The Center offsite, leaving traces of the crime may be related and goods of the scene.


3. press the criminals commit crimes activities, can be divided into first, second, and third, the fourth spot.


4. According to the nature of the crime


Can be divided into political crime scene, the scene of the crime of criminal cases, the crime scene.


(Ii) the site protection methods


1. open site protection
On the open field, usually a certain range layout. Range of size, should in principle include criminals commit crimes and criminals may leave marks. Delimitation of the scope, you can take steps to protect it, such as for large outdoor scenes, conditions permit, you can spot the ropes around, or Isaac to lime as tags to prevent people to break into. For important parts of the scene and gate guards should be set up network or set up a barrier block. The road through the site, as necessary, you can interrupt the pedestrian traffic, commanding a detour. For compound open space onsite, you can close the door, if there are other tenants in hospital, can wipe out channel. Although some open-air site is located in a remote office, but should also be protected against damage.


2. protection of indoor scene


On the protection of indoor scene, usually closed the door, and in furtherance of the key parts of Windows and doors, guards, into and out of the House Interior has been a venue should lay out the warning, prohibit any person from approaching.


(Iii) several major cases site protection


1. murder site protection


Murder, crimes against public order and safety of people with serious harm, such cases social harm is great. Such cases the scene in outdoor, indoor, wilds, busy streets, public places, etc. For this type of site maintenance primarily from these areas to consider: first, to the body-centered around the site. Homicide cases of violations of the human body, so the target body lying position is important position in the scene. After the killer kill, to destroy evidence often move carcasses, the body of the instrument. Therefore, discovered the body of the scene is not the center of the scene. If you find a dead body signs of place and not (for example, was killed with the sword, there should be a lot of blood around the body), it is necessary to consider whether it is the second site. On the protection of such site is based on the body near the drag marks, blood spatter gradually expanding the scope of such phenomena. All and body related phenomenon is to be protected, and do, mark, so as not to be compromised. The second is to protect the Center field, note found traces. In homicide cases occur, often accompanied by victims and offenders in the process of struggling, so the scene around the remaining traces, exhibits a lot, especially for small items. If you can spot around the remnants of a good protection, surveillance case will play an important role.


2. protection of rape scene


Rape is a serious violation of personal rights by the crime. One of its features are criminals and victims have some time on the front, the scene has struggled, signs of struggle, often with the remnants of crime. If this is happening in the room, the cigarette butts with indoor, etc., and to protect, and bed-linen, bedclothes, carpet, clothes, etc. of mottling, blood, etc., to mark the note. In the protection of such evidence, be careful not to touch by hand. To occur in the wild, wayside rape scene, it is necessary to pay attention to the scene around the footprint, dirt, grass found body indentation, drag and resistance of the mark is protected. It's also the remnants in the vicinity, such as modus tools, clothing, paperTablets, masks, coin, strap, etc. do not quite handsome, are to be protected.


3. in the case of the protection of the scene to poison


Poison is a more subtle means of murder. Because of the poison anhai means more subtle, so subtle, sometimes the victim so that the case is not easy to detect. Especially the counter-revolutionary poisoning case, often makes dozens of people even more deaths, great harm. For this type of field you want to pay particular attention to protection. Discover poisoning scene to note the following aspects: first, the blockade poisoning scene and to prevent the parties after the death of relatives, friends and surrounding people, destroy the scene marks, evidence, and to prevent more people access to increase on-site installlation, to poison check more difficult. The second is


On poisoning deaths after eating utensils, tableware to clean (no chemical reagents) goods packaging, on the deceased's vomit more protection, can't let people just pack up, and so on-the-spot investigation officers to reprocessing. The third is poisoning scene all items such as paper bags, small bottles, syringes, tablets, fruits, etc. are to be protected. Because of these articles is possible and poisoning.


4. arson site protection


Arson crimes against the State, collective and personal property and great harm life. Criminals often use this means of destruction of Socialist construction, to the social cause great disaster. Arson fire often due to the masses in the scene when significant damage to the case of the detection difficult. On scene protection arson to note: fire in the fire, as not to fire, fire point generally more obvious, as long as the protection of the fire point against damage, it is possible to achieve the objective of protecting the site; who has caused the fire, to actively cooperate with the Fire Department and authorities seize fire. Fighting back to the scene in time, and with the Fire Department and the fire of the Criminal Investigation Department carefully cleaned, looking after the fire point and found that it is necessary to pay attention to protection. Participation in protection of arson fire scene, it is necessary to pay attention to hear the argument around, the masses are often reflected in the collection of the masses in a valuable clues, such as the smell of fire, wind, fire the loudness, parts, etc.


5. robbery scene of protection


Robbery is severely disrupt public order, and endanger people's lives and property of major criminal cases, must give harsh blow. For this type of crime scene protection to note the following points: first, the note field of criminals lurk, attacks being robbed object's line, escape signs, footprint, found traces back to wipe, avoid damage; the second is the field Centre and the surrounding General will struggle with the remnants of lost material evidence, such as RIP hit the off button, hemorrhage blood drops splashes, hair loss; the third is to ask the victims in a timely manner, as in the cases just occurred, estimated offenders absconding before long, also immediately organized human Hunt, not negative wait for public security organs send people to handle.


In a variety of on-site maintenance process, it is also important to note that a murder scene in person (such as murder, injuries, poisoning, arson, etc), to rescue the wounded in time, this includes both people affected by the infringement. Also including criminals, who has been his life is in danger, rescuing giving appropriate, attention should also be paid to ask questions about the circumstances of the case; the second is cleaning up, to exclude also endanger the continued proliferation of risk factors. If the flame is extinguished, the spread of toxic gases, no explosives, prevent cases events further extend, leads to more serious consequences.