A Study On The Justifiable Defense Of The Irresponsible Person

At present,there is no clear stipulation on the legitimate defense of the irresponsible person in our country.There are fierce disputes at home and abroad.The focus of the controversy lies in four points:first,how to identify the legal attributes of the infringement of the irresponsible person and whether it belongs to illegal infringement;second,whether it should be carried out conditionally if it can be defended;third,whether it is possible to constitute an act of refuge;fourth,whether it is possible to constitute an act of refuge;Whether the defense limit of the force person is consistent with the general legitimate defense,and whether there should be special restrictions.Current judicial practice shows that people without responsibility can be defended,but the limits of defense are not clear,and the process of legal argumentation is relatively simple.Through the analysis of cases and theoretical analysis,this paper demonstrates the above four problems:because the illegality is objective,the infringement of the irresponsible person belongs to the illegal infringement,so the infringement of the irresponsible person can be defended;and whether the defense of the irresponsible person should not be established from time to time,and the conclusion should be consistent and consistent,so it is necessary to defend the irresponsible person.Defense should not be conditional,neither should it be conditional on knowing that the other party is an irresponsible person,nor should it be conditional on fulfilling the obligation of concession;the counterattack against the infringement of the irresponsible person does not constitute the possibility of hedging,neither can it constitute an emergency hedging,nor can it constitute a defensive emergency hedging,contrary to the theory of hedging;finally,the limit of defense for the irresponsible person.Degree should not be different from ordinary legitimate defense.The clarity of this issue is conducive to filling the current legal gaps,and has a positive impact on judicial practice.