Self-defense Principle And Practice A Number Of Issues

Self-defense has a long history and is a law system of significant value.The value of law ultimately embodys in the aspects of realizing social justice and protecting social order ,self-defense is not exceptional as a content of law.Because that protecting social order is the monopolized power of state .chastening the behaviour violating the order of law also is state's privilege and eliminates private possession of course . But state power is not instantaneous and mostly is lagged to protect social benefit ,and it is state revenge but not state protecting .So in order to protect legal benefit and actualize social justice ,the law authorizes citizens to carry out appropriate self-defense in the case of illegal invasion . The right of self-defense is a ideal combination of humanity instinct and social regulation .humanity is the foundation of morality and justice of social regulation ,and social regulation is the legislation of humanity instinct. The essence of self-defense is a right neither of criminal law nor of civil law,but of constitutional rights on a higher layer .The value of self-defense system is the philosophy meaning of the function which satisfys what the society need , including multi-value representing forms such as justice and order and human rights.The legislation of self-defense has experienced the process from social common opinion up to law.What theory of self-defense practice concerning is about those legal problems of self-defense constantly met with in law practice,including the conditions of self-defense, inappropriate forms of self-defense ,special self-defense right, the burden of giving evidences of self-defense and the relevant criminal proceeding of self-defense.The dissertation consists of two sections including 6 chapters: preceding section is called self-defense system principle theory,the next section is called self-defense practice theory. I research it's character of right, value of law and the main difficult problems faced with in justice practice,I also abstract the social law value of self-defense system and demonstrate it's constitutional character of right ,and based on this to the certain degree I deeply investigate those practice problems and criminal law proceeding such as the object of self-defense and special self-defense right which usually disputed in justice practice .Chapter 1 is the theory of the essence of self-defense right ,which demonstrates the essence of constitution right of...