Research On Illegal Infringement Of Justifiable Defense

Justifiable defense, as an important way of protecting citizens'legitimate interests, is identified as one of those exclude criminal justifications of the criminal law. As an important system, there are certain rules about justifiable defense of criminal law, but there is no specific explanation of illegal infringement which is a necessary prerequisite, and this situation impedes the exercise of citizens" justifiable defense. Only specifies the illegal infringement, can it have a better efficiency. There are four parts in this paper:In the first part, it defines the idea of illegal infringement. On the base of studying home and abroad scholars'research, analyzes "illegal" and "infringement", meanwhile by analyzing the essential attribute of illegal infringement, it defines its exact notion ---there is a objective social harmfulness to legitimate interests and urgent crime.In the second part, it discusses the" occurrence" of a crime which is provided by law, is after the beginning of illegal infringement and before the end of illegal infringement. About the beginning of illegal infringement, after analyzing the ideas of "commence" enter scene" amendment", the author comes up with the idea that it should be identified according to the character of violations, which should be divided into crime and general violation. In identifying the end of violation, it should identify from four aspects:the act of violator subjective aspect result and objective factors.In the third part, it discusses some difficult problems of illegal infringement. The author studies on omission violations special victims necessity position violations and joint infringement. And discusses should a person exercise justifiable defense in those situations and the limit of exercising.In the last part, the author analyzes the illegal infringement of special defense, suggesting that "attack" is a non-criminal law word which should be deleted. And the author also specifies "the other violent crime acts", in order to contribute some to the regulation of "special defense".By those efforts, the author tries to make a strict and adequate explanation of illegal infringement, so as to build an exact judge standard. Hope those scant efforts can make some contribution to the perfection of justifiable defense theory system.