Research On Self-Defense

The dissertation is divided into four parts. Several difficult problems on legitimate defense system in criminal law are discussed here. The intention is to give some suggestion on legitimate defense system and to make any little contribution to the theory.Part one——Introduction. It begins from the introduction of the theory, which illustrates the origin, the history evolution and present judicial situation. Then the dissertation gives a brief introduction to the concept which makes the content and the extension more clearly, finally explains the significance of establishing self-defense system that provides a legal protection for people.Part two——Identification of unlawful infringements. This part includes following points: the determination,the time ranges and whether the form of culpability includes negligent violence. In terms of omission under the condition of imminent pressing should be considered as unlawful infringements. However, the negligence is out of rage. At last, whether actions can be prevented ahead should be considered specifically.Part three——Identification of defense objects. This part argues that we can't defense objects without life, company is out of the scope of objects and we can't defense those who can't take criminal responsibility.Part four——Identification of excessive defense. This part illustrates the strength limit of legitimate defense and how to convict and sentence the excessive defense.Last part discusses about two issues. One is whether the police have self-defense rights and how to sentence the police who defense over certain extent. The second is on the reverse self-defense and how to definite it clearly.