Self-defense Set Up The Conditions For Research

It rules that the justifiable defence is the right that arises in the state of emergency, its purpose is to keep national, public or personal benefits from being violated illegally. It has no independence. It is an assistant right for protecting legal rights. As a result, as a particular right, only after it is exercised accurately and properly can it be in accord with the original intention of establishing the justifiable defence, can defence become proper in Criminal Law and become proper action. Conversely, if the right is abused or used wrongly or improperly, it can't reach the purpose of protecting legal rights, even violates national, public or other people's legal benefits probably, endager the society, bring about the new crimes. Therefore, it should match the strict terms to exercise the right of justifiable defence.With the first, second, third, fifth and sixth parts as its crux, this paper is composed of the body paragraphs and the conclusion. The author makes a thorough study of several questions of justifiable defence from the requisite of justifiable defence in order to guide the Criminal judicial activity scientifically.The foreword parts expound the theories and practical meaning of the study of justifiable defence. Because justifiable defence is a newly-modified part of Criminal Law 1997, it still has room to be perfected at present. In my opinion, the following questions should be taken into consideration in its study at first.l.The prior condition of justifiable defence, that is the establishment of illegal violation, Can justifiable defence be used towards inactive crime?2.The establishment towards the time of beginning and ending of the illegal violation, Can justifiable defence be used towards repeated action?3.The research on whether justifiable defence can be used towards the irresponsible person.4.The establishment of the limit of justifiable defence.5.The research on the subjective aspect of excessive defence and whether anti-defence be used towards excessive defence.6.The study of the special defence to research the above questions is meaningful toconstruct the theorelical system and guide the criminal judicial activity.Part I points out the prior condition of justifiable defence is illegal violation and explains the scope and characteristics of illegal violation and analyses the reasons and conditions to practise justifiable defence towards inactive crimes.Part II analyses the definite standard of justifiable defence's beginning and ending in detail. That is, beginning regards the theory of starting as the first, and regards facing immergent violation as the second. Ending regards the theory of expelling danger as the first, and regards ellecticism as the second. And it also makes an initial study of that justifiable defence can be used towards repeated illegal violation.Part III expounds that justifiable defence can only be used towards the person who has acted illegally , inquires how to defend the thing and the person and analyses how to defend the people without criminal responsibility. That is , only under the conclusion that one really doesn't know who is the person without criminal responsibility or that he really knows but he can't avoid illegal violation . Can one use the right of justifiable defence.Part IV points out the subjective requisite of justifiable defence should have the defending intention as a condition and expouds it is the union of knowledge and will in detail.Part V expounds the limit of justifiable defence as the key part. It first points out necessary limit is the union of quality and quantity with the dialectic point of view, analyses the inside characteristics. It regards the eclecticism as the first and regards the necessity as the second on how to establish necessary limit and expounds how to establish it in practice. On excessive defence, it expounds the requisites of excessive defence, and insists that the subjective requisite contains intention and fault and puts forward to deny the anti-defence absolutely is to deprive the personal freedom and will make j...