Study On The Right Of Defense In Poverty

Based on the single obligation, many countries give donors special protections through legislation, the right of defense in poverty is an obivious proof. The195article of our country’s contract stipulated it, which is a great progress on legislation. Howerver, the provision is too simple to solve the complex problems in our society. Meanwhile, the studies on the right of defense in poverty are only on its one or two aspects, short of comprehensive study. As a result, based on the basic civil law theoty, the author aims at systematically exploring the problems related to the right of defense in poverty by overall method including inductive method, comparative method and analytical method, so as to contrubiute to the improvement of the law about the right of defense in poverty.The dissertation includes three parts. the first parts introduces nomal theory of the right of defense in poverty briefly, which contains its concept, nature and theoretical bases. Through comparing with the legislation and standpoint in foreign courties, I pointed out that the nature of the right of defense in poverty in our country is the right of defense. and its theoretical bases are the principle of fairness, free of charge, the principle of the change of circumstances. All in all, the first part is the basis of the whole article. The second part analyses the applicable conditions of the right of defense in poverty. after exploring the law carefully, I expounds its sepcific applicable conditions. The third part is the most important part. It is focused on analyzing the insufficiencies of the legislative design in the right of defense in poverty. and gives some advises on how to improve the right of defense in pover in China, which are based on other counties’s experience and our country’s reality.