On The Unlawful Infringement In The Justifiable Defense

The justifiable defense system,as the cause of the justification of behavior,is stipulated in the criminal law.Its practical significance is that citizens can effectively combat crime and protect their rights in the face of unlawful infringement when unable to appeal to the power of the public.Unlawful infringement,as the cause of justifiable defense,is closely related to justifiable defense.The perfection and development of the system of justifiable defense can not be separated from the study of the problem of unlawful infringement.In our country,the research on unlawful infringement is in the initial stage,and there is no unified opinion on the problem of unlawful infringement.Through the discussion of the concept and characteristics of the unlawful infringement in the general justifiable defense and special justifiable defense,the author hopes to perfect the theoretical system of the unlawful infringement.On the judgment standard of unlawful infringement,this article,starting from the opposition between the subjective unlawful theory and the objective unlawful theory,provides a feasible way of thinking for the focus of the two doctrines through the study of the spiritual core of the principle of withdrawal in the common legal system.The specific analysis of the classification differences between China and foreign countries on the object of infringement is made.From the three aspects of social harmfulness,urgency,reality and deterrent,we conclude the common characteristics of illegal infringement.On the issue of special forms of illegal infringement,this article is never used as a crime,negligent crime,excessive defense,emergency avoidance and the victim’s commitment,and on what circumstances and premise,it is possible to justifiable defense on the problem of the above unlawful infringement.In the study of the unlawful infringement in special defense,this article uses the clarification of the acts of murder,murder,robbery,kidnapping and rape in the law,and the analysis of the meaning of the miscellaneous provisions,to analysis unlawful infringement in special defense has the characteristics of infringing act,form of crime,object of legal interest and severity.The research on the strength of illegal infringement includes the relationship between the intensity of illegal infringement and the limitation of defense,as well as the factors that affect the intensity of illegal infringement.In addition,this article,based on each chapter,holds that there is an unlawful infringement in the justifiable defense and that there is no space for the application of the special defense right in Huan Yu’s case.Then we argue that Huan Yu’s defense behaviors belong to excessive defense.