Research On The Illegal Infringement In Self-defense

In the past, we studied about the illegal infringement on the factor of influence on self-defense. However, the relationship between the self-defense and the illegal infringement is that the validity and the condition of the self-defense are depend on the illegal infringement. Therefore, it is still worth searching on the issue of the illegal infringement by irresponsibility person, the “attack” in Article 20, paragraph 3, the period and intensity of the illegal infringement. This thesis will search on the illegal infringement, and hope to offer help to the judge of self-defense.The first case is about the illegal infringement of irresponsibility person. By analyzing the theories, the writer agree to the positive one, the reason is that we should explain the illegal infringement on an objective way. Basic on this theory, the writer held that the illegal infringement of irresponsibility person belongs to the the illegal infringement which can be defensed, and there is no need to discriminate whether the defender knows this condition. The second case is that whether empty-handed attack belongs to the attack. By analyzing the theorize, the writer agree to the violent one. According to the characteristics of serious violence, the writer affirmed that it belongs to the attack if the empty-handed attack complied with the characteristics as follows: violent behavior, uncertain ways, seriously levels, and uncertain accusation. The third case is about the ongoing illegal infringement. By analyzing the period of illegal infringement, the writer drawn an conclusion that even if the offender seemed have ended it, the illegal infringement is still ongoing when the legal right facing the threat which is urgent and dangerous. The last case is how to define the intensity. To know well of it, we need to analyze some factors that influencing the intensity. Generally, the following four factors are influencing the intensity: the offenders, the tools and methods, the nature of legal rights.By elaborating the cases and the theorize of the illegal infringement, the writer analyzed the illegal infringement of irresponsibility person, the meaning of attack in in Article 20, paragraph 3, the period and intensity conditions of the illegal infringement. The purpose is that the thesis can be of value to the judgment of self-defense in practice.