The Just Base And Application Of The Justifiable Defence

This article bases on the case of driving hitting the robber for taking back the property and the just base of the justifiable defence, focusing on the different judicial practice and disputes in the criminal field, to self-defense of infrastructure and its application, combined with the relevant legislative provisions in self-defence, evaluate fairly and rationally the criminal responsibility of the driver in order to come into a convincing conclusion.The first part is about coming up with the questions on the base of specific cases and the judicial results, making clear that the object of the discussion is that the success has not yet been fled and the scene is still in sight, the driver to recapture the stolen property and the impact of the case.The second part is about the detailed analysis with the just base of the justifiable defence, the according of the right of defence, the limit of justifiable defence. firstly, to defend the right to exist on the mainland law district based on the understanding of what is a continent law district the two main doctrines; emergency power and nature. resistance by illegality And the mainland and the right of the defence law district, the main doctrines and comparative analysis and the common law district about the judgments of the right to defend the base of view, author have to judge his ideas.The third part is about the relevant legislative interpretation of justifiable defence.First of all,the article define the basic concepts for better discussion of the coming problem. Secondly, the key is put on the limit of the particular defence which is in the third paragraph of the criminal law. The author explain why deny the application of the particular defence concerning the murder, assault and robbery and rape, idnapping.The fourth part is about the specific analysis of the case of hitting the robber for taking back the stolen property on driving.firstly, the analysis intended to defend the legitimate based on the basis of defense time conditions robbers lawless or ongoing; the limit of justifiable defence, whther the hitting is beyond the limits of necessity and the criminal liability. Finally, by analyzing the views of our judicial practice to the drawbacks of concern to the lawless, the infringe human rights protection and face the challenge, and unearths the buried in the culture of violence, we came to the conclusion that the driver shall be liable for criminal responsibility with the exempting from the punishment.