Study On The Conditions Of Establishment And Punishment Of The Over Defense

Under the influence of the rule of law,the purpose of the operation of the power of criminal punishment is to strike the crime,and to protect the safety of the personal property.As an important part of the defense system,the improper handling of the defense will be a direct threat to the lives of others,and even affect the stability of social order.In the process of the qualitative,we can not directly into the specific crime elements of the crime of the specific conviction and sentencing,and "criminal law" provisions in the regulations for defense when the behavior standard deviation of various subjective and objective aspects,including the aspects of conviction and punishment of the main behavior have a lot of disputes and practice processing.This article is from this basis,the demonstration of the subjective and objective conditions for establishment of excessive defense and the excessive defense convicted and punished.There are four parts in this article,the first is problem is put forward,the part with relevant case raises questions about cognizance of the existence of excessive defense;For establishment of excessive defense in the second part analyzes the subjective and objective conditions,and points out that are easy to be ignored in the condition of excessive defense;The third part combines the condition of excessive defense,convicted and punished for excessive defense;The final chapter on the basis of rational thinking to full text,the author to the defense system of judicial Suggestions are put forward.