The Origin And Boundary Of Anti - Defense

The right to self-defense self-defense originated in ancient by national attention and recognition, it has become a universal national systems of criminal law. From the point of view of natural attributes, self-defense is the use of private citizens against unlawful force to counter the legitimate interests of the way of relief, that kind of interest by damage to protect the interests of another. This determines the exercise of the right of self-defense should have boundaries, otherwise abuse the right of self-defense will inevitably arise, and even by the name of defense, the case against the real line, thereby causing undue harm to the legitimate interests of others. China’s criminal law and the applicable limits exceed the limits of self-defense shall be made clear that criminal liability. In order to avoid abuse of the right of self-defense, some scholars have proposed the concept of "reverse defense" of. What is the inverse of the defense? Whether the defense should be allowed to reverse? What is the significance of its value? If the inverse defense establishment, then it should satisfy what conditions? It was self-defense or criminal violations continue? Given such a range of issues, different scholars engaged in a fierce debate. From ought perspective, there were more than necessary self-defense against the possibility of the existence of the defense, but the real point of view however, not all are allowed to exceed the limits of the defense and then the defense, must set its boundaries more stringent Otherwise, it would be difficult for the public to accept, is not conducive to the protection of human rights of the original defense. This paper attempts to five aspects of defense-related issues slightly inverse express humble opinion.The first part is the article forefront of research focuses on the defense against the background of the theory and analysis of domestic and foreign legislation and the results achieved and the status quo, This paper describes the main issues and breakthrough innovations introduced framework architecture and content of the article unique.The second part is the relationship between self-defense and defense against the main contents are:self-defense and defense against the root of this. First, the self-defense of the country:the right to self-defense. From the human perspective of the natural attributes and attribute analysis of human social instinct of self-defense and enjoy rationality; secondly, the source of the inverse of Defense:Defense limit problem. Exceeded the limits of self-defense when necessary, constitute a criminal violation of the original illegal defense violation may have against the former defense right, and from over-defense against the sins of the form and the defense, "the necessary limits" view summary and interpretation of defense against both the relationship between the limits of self-defense and defense against; Furthermore, the inverse Unlimited Defense Defense. When the provisions of Article 20 of the main focus, "Criminal Law", paragraph 3, of the original people to take violent crime against murder, rape, kidnapping and other victims of personal defense who enjoy the Unlimited Defense, defense to unlawful acts against people causing heavy casualties not given its inverse defense right, which he should bear the consequences to expand the discussion. Finally, the nature of the defense against defined. First outlines several theories to define the nature of self-defense, then the inverse controversial defense-against the defense of self-defense or to continue to belong to the original unlawful infringement, the author of the doctrine of self-defense on the basis of the nature, drawn against the defense of self-defense should belong The conclusion, then described the nature of self-defense against the defense more in line with the "right infringement say."Part Ⅲ:Support and fight against the opposition defense. First, in favor of the defense against the view. Some scholars agree inverse defense outlined scholars view, and from the philosophical basis of human rights theory and practice requires judicial perspective on their views to demonstrate; second, opposition against the defense of the claim. The main concept of the protection of human rights, the practice of factors relevant laws, values illustrate several aspects of legal defense against opponents of their views published argumentation; third, I agree to allow a limited defense against. I think it is totally unreasonable denial against the defensive has its problems were analyzed, however, at present the theoretical basis of the defense of the weak against the building, based on the lack of practice, it needs further research and discussion.Part Ⅳ:Building a defense system against My Opinion. First, the defense system should rise against the law. Due to the current law only covers self-defense, if there is no clear inverse defense, but in practice the complicated case, consider using only entirely self-defense problem, it is against the existence of space defense. Second, the elimination of errors on public perceptions. France provides services to the public, so it should get the recognition and support of the general public:self-defense is not a criminal violation of the Central Plains are only perpetrators; reasonable eliminate the "boomerang" concept, and play function of safeguarding human; to combat criminal legislation should take into account and protection of human rights crimes unity; desalination strong deterrent penal code colors. Third, the reverse applies defense field. Content involved here:the first is the inverse of defense applies "subjective factor" that the purpose of defense against the suppression of the defense must be people out significantly more than the necessary limits of wrongdoing, the victim intentionally excess of defensive behavior. Then parse applicable field of inverse defense. Discusses not all can be defended when inverse defense; defense means when clearly disproportionate and unlawful infringement, for inverse defense; defense is not timely for inverse defense; defense right to be entitled to reverse only serious threat to personal rights; illegal acts in order to circumvent the law and defend the implementation-Defense provocation.The fifth part is the last part of the article is mainly a comprehensive summary of the article, that we should understand and apply the inverse reasonable defense to maximize its effectiveness.