Probe To The Prevention Of Burglary

The egitimate defense is one important individual citizen's self-remedy right in the criminal legislation of the various countries, and it has a positive role to protect the legitimate interests of the country, collective, individual, if use of legitimate defense properly. In recent years the burglary showed a high trend, which threatened the people's property, personal rights and life, as well severely undermined the social order. People struggle commonly with the criminals, therefore from the point of view of the legitimate defense, one problem occurs: how to pre-prevent burglary in the legitimate degree with the purpose of both protecting the legitimate rights and interests and stopping the burglary. There are estate for the issue of civil and legal existence of different perspectives between the civil and the law circle about it. The author chose Probe to the Prevention of Burglary as the title in order to unify people awareness about this and direct the citizens to combat crime and protect the legitimate rights and interests legally.The full text is divided into four parts:Part one: putting forward problem.First of all, one case of the excessive defense about Zhu-zhongxi which happened in January, 18th, 2008 is briefly introduced; Secondly, the different points are briefly noted about the case of Zhu in the civil and the law circle, and then the central view of the essay is given that how to prevent burglary; Finally, the purpose of writing the essay is discussed.Part two: theories related the legitimate defense.Firstly, the concept of the legitimate defense and the conditions is set forth, and on this basis, we should focus on the defense intent, time and degree. Secondly, relevant theories about the special defense are briefly described; it should be analyzed in the specific field whether to use the special defense or not; finally, relevant theories about the legitimate defense are briefly introduced, thus the author regards it is of the utmost importance that how far we should go with prevention.Part three: the analysis to the different perspectives about the burglary defense.The first point is that"the rights of the general criminals should be protected". This point is consistent with"the limit of the legitimate defense", but it places too much emphasis on protecting the rights of criminals, and overlooks protection of the legitimate rights and interests by criminal committed, which is considered that The accessories are better than the main part. The second point is said that the"defense should have a certain degree, which is in line with the principle of criminal law and plays an important role to protect the legitimate rights and interests of citizens and to maintain social order. At the same time, point also needs to be improved and perfected. The third point is that"the defense of the burglary should be included the scope of the special defense". The author considers the point is a certain reasonable from the point of the protecting the victim, but it has some disadvantages.Part four: reflection on the defense of the burglary.The citizens both protect the legitimate rights and interests, and suppress effectively the crime. And meanwhile the actions should abide by three principles, as"protecting the legal rights as the premise","timely and effective defense as the purpose as", and effective restraining infringement as the requirement.