A Research On Basic Issues Of Justified Cause In Criminal Law

This paper’s research objects are several basic issues of justified cause in criminal law. The research develops according to the following approaches: category-basement-reason-positioning-apply. In other words:First,clarify what a category justified cause is.Second,explore the basement on which this category exists, that is from what justified cause was born and where justified cause "settles down". On this basis, oppositions between norms’violation theory and legal interests’ infringement theory, behavior worthless theory and result worthless theory are fully developed.Then evaluate various theories about justified reason and confirm one of them. Subsequently, discusses positioning and apply issues respectively.The first chapter is category theory of justified cause. First discourses the title’s dispute of justified cause and holds the formulation "justified cause" has versatility and universality in different contexts and is convenient and easy in foreign exchange and communication. Second explores the essence of justified cause and indicates "legal interests of society as a whole have not been damaged" is the common essence in different branches of law and "consistent with guilt in the criminal" is distinguished essence of justified cause in criminal law and other departments.Third clarifies the relationship with the illegalproblem and theoretical classification han been done. Finally, distinguishes justified cause with negative elements, illegal and fined cause that be excluded, excluded responsibility cause, and non-criminal behavior.The second chapter is basement theory of justified cause. Presents two basements of justified cause:the unity of legal order and conflict of interests. Argues that:as long as illegal in any area of the law, the action should be considered illegal in the overall area of the law. Opposite conclusion can’t be reached in interpretation. On the legislative level, right of the penalty shall not intervene in the case that no constitutionallegal interest be infringed. From the judicial level, justified cause exists only based onconflict between the interests of convicted and unconvicted.The third chapter is reason theory of justified cause. Discusses oppositions between norms’ violation theory and legal interests’ infringement theory, behavior worthless theory and result worthless theory, monism and pluralism on justified reason and various theories. Argues that: measure of legal interest is the judicial continuity of legislative interest measure;it is universal,has clear standards and should be used as the theoretical basis of justified cause. Justified cause is open in nature and needs "one case, one judge",so specification flaws are inevitable and inevitable. The judge must complement existing norms "hidden loophole" Ac cording to some value judgments. Therefore, specification flaw is the practical reason of justified cause.The fourth chapter is positioning theory of justified cause. Discusses outside and local various perspectives on justified cause’s positioning. On this basis, demonstrates my point of view. Argues that:there is no place for justified cause in four elements’plane system. Building class system is the only way to locate justified cause and four class system of illegal and responsible type is the support for justified cause ’s positioning.The fifth chapter is identification theory of justified cause. Discusses balance of legal interests, cause behavior and errors about justified cause. Argues that:Measure of legal interest is inclusive; cause behaviors include infringement and danger attracted to one’s own and coerced behavior,all which should be investigated separately; subjective and justified elements should not be recognized;the identification of "errors on legal interests’ relationship" is the key to identify the effectiveness of victim’s commitment.