Exploration On The Justifiable Defense

As is known to all, the personal property of citizens is threatened by unlawful infringement relief while the public power cannot work, private aid force is allowed, people have no criminal responsibility if illegal trespassers casualties, namely the principle of justifiable defense stipulated in the criminal law. Principle of justifiable defense in China formally established in the late Qing dynasty legal reform, more than one hundred years ago, but now scholars always take attention to the justifiable defense in contemporary self-defense theory,a few of them dated back to the source of justifiable defense.This paper is divided into four parts, the introduction and three chapters.The introduction part mainly introduced the selected topic basis, the principle of justifiable defense, the research results and its shortage of the cases of Supreme Court in the Early Republic of China, existing research space and introduction of the text data.The first chapter is the comb of the justifiable defense principle historical evolution and the legislative evolution.Written in the second chapter is the analysis of justifiable defense of precedents of Supreme Court in the Early Republic of China. From case type, case participants, the results of the referee, the referee on the basis of the respect such as specific analysis of justifiable defense, embodied in practical judicial operation conditions and characteristics of the referee.Chapter three analyzes the special cases about the act of rape the husband(including his parents), whether the adulterer destruction behavior can apply in the principle of justifiable defense.In this paper, by using the Compilation of the Criminal Precedents of the Supreme Court in the Early Republic of China(1912-1928), combining with the interpretation of the judicial proceedings, we can learn the theory of punishment law works written by scholars of the republic of China dig the theory and practice of the principle of justifiable defense situation fully, from cases to sniff out the principle of justifiable defense in the early republic judicial field of solid state operation.