The Defense Right Of Provocative Defense:Acquisition And Exercise

In the traditional theory,the defense rights of both sides are too arbitrary,and can not achieve the purpose and value of justifiable defense.In order to promote the optimization of the cohesion and the whole system,from the perspective of the theory of personality right in the state defense challenges and imputation,conforming to the principle of rational defense,so as to realize the dynamic balance of defense right.The theory of personality is based on the abstract human core under the state of law and takes the freedom of will as the radius.When a personal body the scope of intrusion range and the actions of others,in order to ensure freedom and stability,law and order of offenders have "to stop the infringement,exit,compensation and recovery method" was originally the command of the state,if the offender is not intrusive fashion from the core,the victim the prohibition of rights abuse and the need to follow "tolerance,escape,seeking help,defensive attack until the use of offensive defense behavior" to defend their own freedom order,if the violation of direct damage to the core region of personality in the field,hurt the party directly right to exclude violations of rights.The situation is to provoke defense into each other at different stages of the role,when a provocative stimulus,will be set up to be provocative violations of the freedom,need to abide by the operation rules,the disturbed specification restored in normal,a violation of common rules are required to facilitate the attribution to him.And thus bear the adverse damage state.On the contrary,when the feedback does not conform to the rules,the aggressor will become inappropriate actors,also produced a stable recovery standard duty,otherwise also requires imputation,this is the level of abstraction of the dynamic state defense right.All of the system structure are directly served in the stability of norms,who disturbed the norm that is responsible for who.Therefore,we can confirm the sense of security under the legal order through the standard maintenance,affirm the effective communication of the human body in the free state,and finally realize the true meaning of life under the protection of law.