The Third Pattern Of Defense Behavior

About the justifiable defence,at present mostly scholars wrongly think that in the case of the other conditions meet the justifiable defense,according to whether meet the limit condition of the defense,a person's defensive behavior is only constitute justifiable defence or excessive defense,they never consider whether there is the third pattern of defense behavior.The limit of the self-defense and excessive defense is not clear,which brings the completely difference between them,so we need accurate qualitative.This paper is divided into six chapters.The first chapter is the outline,which mainly explains the background,the current research of justifiable defense and describes the research contents,ideas and writing skills.At the same time is pointed out that the innovation of the article as well as disadvantages.The second chapter is to clarify the basic theory of justifiable defense,including the essence,according,the main characteristics and etc,and we mainly introduce the law and philosophy basis of justifiable defense as well as analyse them to reveal the essential characteristic of justifiable defense.This actually lays the foundation for the qualitative analysis of the third form.The third chapter introduces the establishment conditions of justifiable defense and excessive defense.The establishing scope of the third pattern involves two conceptions,which are the necessary limit and the major damage.To be specific,one of the form is the behavior exceed the necessary limit but has yet to reach significantly result,and this situation includes whether causes great damage or not;the other form is that the defense obviously exceeds the necessary limit but does not cause significant damage.The fourth chapter is to define the third pattern.According to the nature of justifiable defence,the third form of defense is illegality.The third form of defense inChina is actually treated as excessive defense in Germany and Japan,which also indicates its illegal nature.Based on the criminal policy of tempering justice with mercy,the tolerance in the criminal law,and encourage good social policy in our country,although the third form is illegality,we does not constitute a crime because the third form is less than the social harmfulness is excessive defense.The fifth chapter is to analyze the problems existing in practice and seek for solutions.It is necessary to introduce the third form concept to solve the difficult problem which is difficult to distinguish between justifiable defense and defense,so as to change the problem that the defense is too broad in judicial practice.In the third form,the offender may not defend himself,but the third party may defend it.Justifiable defence can not undertake the civil responsibility,but when the behavior exceeds necessary limit,it will transform into illegal behavior,so the person need to afford the civil liability.This also conforms to the provisions of article 128 of the general principles of civil law in our country.