Case Analysis Of The Hero Guarantor Status

Whether the hero to the unlawful infringer has the guarantor,can determine its composition is not pure is not as a crime,the key problems according to its rescue obligation relationship with unlawful infringer and the analysis of the characteristics of theoretical tong said the type of guarantor,the hero to the unlawful infringer guarantor types including statutory obligations of the guarantor,position,or business requirements a surety guarantee and advance behavior,legal behavior.For leading behavior and set up the range of conditions on the legal rules and conditions of its founding in the theoretical circle has not reached a consensus,so the status of this type guarantor judgment is the common problems in practice,is also a difficult problem.When good behavior and unlawful infringer or a third person behavior combination makes unlawful infringer when in danger,the hero should not have a guarantor;Unlawful infringer for justifiable defense of their behavior when in danger,the hero should not have a guarantor;In the process of proper twisting,unlawful infringer because of accident in danger,the hero should not have a guarantor;When good behavior is excessive defense,especially after being a crime.This article is divided into three parts:The first part of the crime of intentional injury cases in the statement and analysis of the white one,sort out the case of existing legal problems,which leads to the research status of theory about the guarantee of the basic theory and legal analysis on the focus of controversy.The second part courageous types exist perpetrator of criminal behavior in the analysis,ensure human perpetrator of courageous and all kinds of conditions of the foundation to ensure the status,the focus of controversy on typical cases are discussed.The third part,based on the typical case analysis,the not omission crime and the theory of guarantor's status,puts forward the necessity and legislative suggestion of the first act in the case of Samaritan.