Research On Illegal Infringement Of Legitimate Defense

As a precondition of legitimate defense,illegal infringement is of great significance in determining whether justifiable defense can be carried out,and the justification of legitimate defense is itself in order to reduce it.To avoid the ongoing illegal infringement,because the interests of the wrongdoer have been reduced negative evaluation,so the legitimate defense behavior to meet its conditions,the act can never constitute a crime.The identification of illegal infringement directly determines whether legitimate defense can be established.Article 20 of the Criminal Law provides for legitimate defense,but the premise of legitimate defense-illegal infringement is not clearly stated.As for the meaning of "illegal infringement in progress",because the legislation is too brief.Also did not make clear definition,caused in the justifiable defense theory debate and the practice confusion.Therefore,the author through to the illegal infringement connotation,the extension launches the analysis.This paper probes into the difficult problems of illegal infringement in judicial practice in justifiable defense,and provides a way to solve the problems existing in the administration of justice.In the first part of this paper,we analyze the connotation and extension of illegal infringement from the concept of illegal infringement.In discussing its connotation,the author divides "illegal infringement" into "illegal" and "infringement" one by one.Through the analysis and comparison of subjective illegality theory,objective illegality theory on the understanding of "illegal",the author more agree with the view of objective illegality theory.That is,the illegal infringement is only related to whether the act has social harmfulness or not,and does not have too much relationship with the subjective behavior of the perpetrator;In the discussion of the delay,the author introduces the legislative views of various countries and enumerates the domestic crime infringement theory,the unlimited illegal crime theory and the limited illegal crime theory and other points of view.The reason of the third point of view is expounded and the scope of infringement.At the end of this part,the author expounds the understanding of criminal behavior in special defense.In the second part of the article,the author studies and analyzes several special problems of illegal infringement in legitimate defense and the misunderstandings and difficulties of judicial application,mainly from intruding into houses and illegal detention.The discussion took place on the occasion of general provocation.The third part tries to put forward the solution to the problems existing in the judicial cognizance and trial of unlawful infringement in legitimate defense cases.Specifically,in the case of affray,the author puts forward the causes of the development of the case.Purpose and means of implementation and other analysis of whether or not to establish legitimate defense,especially in judging the nature of the act of a temporary intent party is illegal or legitimate defense issues,put forward solutions.In the context of continued aggression,For the analysis of the extent and urgency of the unlawful infringement suffered by the defender,there should be a sense of integrity and cumulative addition,which cannot be judged on the basis of the act after the act.The key to evaluating defense behavior as over or intentional crime in accordance with the serious consequences of defense is still in the evaluation and qualitative analysis of unlawful aggression.In the case of hypothetical defense,it is necessary to distinguish the degree of error.That is to say,whether the minor illegal infringement is considered as a serious illegal infringement,or whether there is no illegal infringement as illegal infringement,the two cases are divided into two kinds of imputation norms.