On The Identification Of Illegal Practices Act In Self-defense

Self-defence is the beneficial behavior that expels social bane, just as defend not negative pertaining to crime responsibility, is《Chinese Criminal Law》of an important system.《Chinese Criminal Law》the 20th rightness just as defended to make explicit rules:"Self-defence to mean for the sake of make national and public benefits, Is or the Human body, property of others and other right don't need be subjected to under way of illegal violate, but violate stopping of implementation to the crime it illegal violate and didn't obviously exceed the damages behavior of necessary limit."But to self-defence of premise-illegal violate don't make explicit elucidation, as for the meaning of "under way of illegal violate", because lawmaking too Chien didn't also make an explicit definition slightly and resulted in at self-defence theoretically of issue and the perplexity in the fulfillment, is this, affirm towards what being meant by "illegal violate", and how, the author draws up to make some studies and throws brick to lead jade by period, perfect self-defence of theories and fulfillment.This text draws up a method in chapter 1 the concept never violating commence to analyze its content and outside postpone.While inquiry into its contenting, the author is partial to this the formal phrase set is divided into"illegal" and"violate" combine one by one analytical, pass to induce each kind of domestic and international standpoint, the author puts forward to"violate" namely damage of aiming at the legal rights, and under way;Unifies to say etc. theory to the "illegal" view for then passing analytical and subjective and illegal sex theory, objective and illegal sex theory and host and guest, author compare for approve the standpoint that the objective and illegal talks about namely and illegally violates whether and that behavior has social bane relevant, with behavior person of subjective without too many relations.While inquirying into it to outside postpone, the author carried on lawmaking standpoint introduction in all countries to be juxtaposed to raise a local crime to violate to say, unlimited break the law to commit crime to say and have limiting of illegal crime say etc. standpoint, and elaborated to incline toward the third reason of standpoint.Chapter 2 emphasizes the four greatest characteristics that the analytical illegality violates, then violate sex, illegal, urgency and can stop sex, emphasize these four characteristics are complement each other and indivisible.The author spoke of the contents and classification that the illegality violates, and violated to the illegality in chapter 3 two special categories carries on a research in the middle of the classification, can carry on to the thing defend with the mentally ill, kid of violate behavior can become defend object of problem.Chapter 4 never the method violate behavior the person elaborate with defend the person's angle respectively how to self-defence medium illegal violate to carry on affirming.The author violated a few medium special problems to carry on a research to the illegality in chapter 5, the illegality violating behavior and family such as the illegality in the network attack Internets, such as environment infringement and the illegality in the crime violatebehavior, calculator software piracyof job illegal behavior, network water soldier and network hatchet man violated behavior...etc.