On The Issue Of Legitimate Defense In Provocative Acts

There are few systematic studies on provocative acts in the theory of criminal law of our country.Most of the provocative acts of perpetrators are studied only from the scope of defense-provoking,and there are few studies on other provocative acts except defensive provocations,but in fact,there are few researches on provocative acts in China.The provocative behavior has different contents,the provocative person's attack behavior has the different implementation situation,the provocative person's counter-attack behavior also has the different background.To what extent the provocative actor should lose the right of legitimate defense in the face of the counterattack of the provoked person,and to what extent the provocative person should have the right of legitimate defense but should be restricted;When citizens are suffering,it's not enough to commit an assault.Whether the citizen's counter-action falls within the scope of legitimate defense when provocative acts of the degree of harm,or verbal or physical provocation by the provoker are not intended to be carried out;in different provocation contexts,Whether or not the provocative person enjoys or how to enjoy the right of legitimate defense,there is not much research on these problems in the academic circles at present.Therefore,this article starts from the basic problem of provocative behavior,combines the actual case,analyzes some difficult problems that appear in the realistic environment.The author makes different treatment on whether the provocative person has the right of legitimate defense under different circumstances,and puts forward the identification and treatment methods of legitimate defense in the provocative act.It consists of the following four parts:The first chapter is an introduction to the current domestic and foreign academic views on provocative acts and different legislative status,pointing out the research background and significance of the article,and explaining the innovative points of this paper in the analysis of the problem.The second chapter discusses the basic problems of provocative acts in detail,including two specific parts.In the first part,provocation is divided into defensive provocation and other provocative acts,and other provocative acts are divided into legitimate acts of provocation.Each category is classified and discussed more concretely by provocation in violation of morality and in violation of law.The second part expounds that the handling of cases of provocation follows the three principles of self-defense.That is,the principle of self-protection,the principle of proof of rightsand the principle of proportionality.In the analysis of specific cases,the author analyzes and synthesizes the three principles from the angle of legal order.Make use of it.The third chapter discusses the identification and treatment of defense provocation,including the general treatment of defense provocation and the situation and treatment of justifiable defense in defense provocation.The fourth chapter discusses the identification and treatment of other provocative acts.The overall treatment path is based on the nature and urgency of the provocative act to determine whether to limit the defense and allow defense,according to the specific situation,Analyzing whether to restrict the strength of defense.The legitimate act cannot restrict the right of defense;generally,the right of defense is not restricted by the act of unethical provocation,but the right of defense is restricted,and the excessive defense should be strictly grasped;the act of serious provocation is in violation of morality,The right of defense is restricted,the right of defense is recognized after avoidance,but the strength of defense is still restricted.Through the study of the above four chapters,this paper makes a detailed division of the situation of defense provocation,and according to the different situations of defense provocation and other provocative acts,it makes different treatment on whether the perpetrator has the right of legitimate defense.The identification and treatment of different acts of defense provocation are put forward.