Research On The Justification Reasons Of Justified Acts In Criminal Law

Justified acts are those acts that are similar to criminal behaviours , but have no social harm of criminal behaviors . So they need to be excluded in the process of conviction . The Justified acts system requires that in the process of conviction , judges should review whether the act accords with the characters of crime elements regulated in the criminal law , in addition , judges should further review whether the act does harm to the society in essential . Therefore , The Justified acts system can limit the start of state' s penalty power and protect inculpable people from being prosecuted . As a result , the Justified acts system becomes an important task in criminal jurisprudence field .Protecting social interests and human rights of citizens are the two primary objectives of modern criminal law , and among the rules and principles , "No crime without law" principle and the Justified acts system have the most direct and distinct effect on protecting human rights. Nowadays, we should pay more attention to The Justified acts system after China has aimed at constructing socialism country ruled by law. In order to settle the problem of convicting and protect personal rightsand property rights of citizens against the rash violence of state' s penalty power ,everyone who studies criminal jurisprudence have the responsibility to do more research onthe important system --the Justified acts system.The research on Justified act consists of its history ,name .definition .sorts, classification, the justification reasons and the position in the system of criminal jurisprudence and so on .Among them, it is the most important to do research on the justification reasons of Justified acts, because it decides whether some act be justifiable and can be legislated. The Justified act system ensures the country not to wrong innocent citizens during the course of punishing criminal behaviors . This paper combs different kinds of theories on the reasons why some behaviors shouldn' t be regarded as crimes and be convicted , the author puts forward to her own viewpoint by means of comparison and analyses .There are eleven chapters in this paper .Chapter One is the basic theory of Justified acts. In the first chapter the author considers all the Justified acts as a integer, and introduces the concept, history ,kinds, .essential and general justification reason of Justified acts. From Chapter Two to Chapter Eleven , the author does research on the justification reasons of twelve kinds of Justified acts , such as justifiable defense , act of rescue .victim' s commitment , euthanasia, duress, entrapment ,etc .