Study On Untimely Offence

There are few words in domestic and international works and articles about the research on untimely offence. They only focus on the time boundary of the legal defense and the act of rescue, so many concrete problems in practice can't be resolved enough in theories. The research on this special criminal pattern is very weak by the domestic and international criminal theory circles. In addition, the theoretical study of criminal law in our country is following the former Soviet Union in methods, and they take the obvious trace of textbook. All these factors lead to the status quo that we haven't a real theoretical frame and methods of research that suit for native criminal theories. This thesis is trying to get away from fixed mode and putting emphasis on the nature of system, theories, penetrating and creating. Untimely offence is researched as an independent criminal pattern for the first time, and its kinds of criminal types are sublimated. The author devotes herself to proceed and develop the general theories about it to build its system. The article is divided into two parts, one is general introduction, and the other is individual introduction. In the general introduction, the author expounds the general theories about the untimely offence that includes the fundamental theories, the form of culpability and the criminal liabilities. In the individual introduction, the author sets forth the typical type of the untimely offence in broad outline, explicates the legal untimely offence and law-exceeding untimely offence. Improper legal defense and improper act of rescue are detailed expounded in the former; untimely offence according to law, untimely offence according to order, and untimely ego help are explicated in the latter. In the first chapter, first of all, the author takes the view that the concept of untimely offence can be divided into broad sense, narrow sense and the narrowest sense, and this thesis takes the concept of the narrow sense. That is to say, untimely offence is a special criminal pattern when the behavior takes place at the period of time that is close to the proper action, the particularity of the time makes the behavior has a special quality. Secondly, the author surveys the criminal nature of the untimely offence, and poses the innate character determining the crime should base on the theory of legal interests invaded, and make synthetic investigations with the continuous development of the social ethics norm. The criminal innate character of untimely offence is that it invades the interests or makes it suffer the danger. The interests are protected by the criminal law, and they are under the influence of the moral order. In addition, the interests are of important value in the relations of the nation, the society and the individual. Thirdly, the author makes classifications in order to study. It can be divided into special untimely offence and general untimely offence according to the purpose; it also can be divided into legal untimely offence and law-exceeded untimely offence according to the legal regulations. At the last, the characters of untimely offence are connection of behavior, the close of time and the specialty of the purpose.In the second chapter, the author affirms the form of culpability. Special untimely offences are only negligent crimes and accidents; general untimely offences are intent crimes.In the third chapter, the author inquires into the basis and the principles of the criminal liability, and views that the liability can be reduced because of the legal basis and the psychological basis.The content of chapter four is legal untimely offence. Firstly, when it's close to the legal defense, the violations don't start or end, the person who takes act of rescue hurts the inimical one in a necessary degree, and this sort of hurts are improper legal defense. There are two types in the improper legal defenses, the author expounds the one in advance and the one afterwards. The criterion of time is the fact. At last, the author puts stress on the...