Research On The Defence Right Of Improper Enforcement Behavior

In recent years, a series of administrative law enforcement personnel improper enforcementcase caused the intense attention of social community and widely disputed, and triggered a majorproblem: in the face of administrative law enforcement personnel improper enforcement, whetherthe exercise of right of defence, should how to regulate the exercise of right of defence? The caseof xia jun feng to this problem is discussed.In this paper, except the introduction part consists of five parts,The first part is the case.The second part is the brief introduction of details of a case.The third part is the focus of controversy. Mainly includes the law enforcement behavior isimproper, law enforcement and law enforcement can be inappropriate when the object is to judgeand to seek immediate remedy improper enforcement action; whether it belongs to the illegalinfringement, whether to allow the defense; if allowed to defence, under what circumstancescan be carried out, can be the limit of defense; the defendant act intentionally homicide isjustifiable defense; the victim’s fault, whether the victim fault leniency defendant; how to dealwith the relationship between judicial opinion of a total of six points.The fourth part is the discussion, including what is improper acts of law enforcement, lawenforcement is not criminal significance of infringement, can exercise right of defense debate oftheory and how to exercise right of defence and to exercise the right to limit wait for a problem,besides this article also tries to analyse the fault of victim of the defendant and the impact ofsentencing, the court how to strengthen the judgment reasoning in order to eliminate the publicquestioned, and public opinion formed the well interacten.The fifth part is the conclusion and suggestion.Mainly includes the Encounter urgentimproper enforcement actions have no alternative against one’s will, allowing a moderate defenseright; improper enforcement in the exercise of the right to defence of the regulation of law, Inorder to prevent the abuse of power; in the victim has the obvious fault cases, considering thecircumstances of sentencing discretion, leniency defendant; in accordance with the law under thepremise of judgment, the judgment of the court to reflect the social conditions and public opinion in hope of enriching and perfecting the justifiable defense system.