Reverse Defense Research

Justifiable defense is one of the illegal obstacles stipulated in the criminal law of our country.It has always been a popular topic of academic research.The promulgation of the criminal law in 1997 broadened the application of legitimate defense and added special defense clauses,making the academic community Research on legitimate defense,especially for special defenses,has reached unprecedented heights.However,most scholars discuss it from the perspective of the protection of the rights of victims,but there is little mention of the protection of the rights of unlawful infringement.Of course,the new criminal law provides a private remedy for victims to encourage citizens to fight crime.This starting point is very good,but the conditions of its provisions are too vague to be used well in judicial practice.Effect.At the same time,the new criminal law gives the victim a special defense right,which inevitably leads to its abuse of the right to defend and infringe on the legitimate rights and interests of the unscrupulous offender.This is also unfair to the unlawful aggressor.Therefore,in order to balance the rights between victims and unscrupulous offenders,it is necessary to invest more attention and research in counter-defense in improving the proper defense system.Some scholars have explored and launched a fierce discussion on counter-defense,and most people have an attitude against the right to counter-defense,because the development of legitimate defense has been relatively stable and mature so far,and it is inevitable that there will be many problems in the anti-defense right.There are bound to be huge risks and challenges.Nevertheless,this article still supports the anti-defense rights and puts forward some suggestions on its legitimacy and rationality and its application.This article attempts to look at the related issues of reverse defense from the following aspects.The introduction is the first part of this paper.It mainly introduces the background of reverse defense,the purpose and significance of writing,and expounds the innovation of this paper through comparative analysis.The second part is an overview of counter-defense,making a clear distinctionbetween counter-defense through counter-defense and related concepts.The third part mainly introduces the research on counter-defense at home and abroad,and sorts out the viewpoints of affirming and denying the theory,and puts forward its feasible suggestions for the application of anti-defense through thinking about special defense.The fourth part is to justify the legitimate rationality of the counter-defense right from several different angles.First of all,through the Constitution,the provisions on civil rights are discussed,and the contrast between human rights and ancient laws is used to explain the protection of human rights.Secondly,the legal principles of "laws are not prohibited from being free" are explained to illustrate the boundaries of freedom and civil rights.Exercising;again,through the relative nature of the status of the victim and the victim and the criminal law's provisions on the "defense and provocation" to explain the dynamic process of the criminal model,using the materialistic dialectical legal philosophy to view this process as a legitimate and reasonable defense Sex provides the basis;finally,by enumerating the cases in judicial practice and analyzing them,it provides a realistic basis for the legitimate rationality of counter-defense.The fifth part mainly discusses the subjective and objective elements of constructing counter-defense and analyzes the responsibility of improper application of counter-defense,and discusses how to treat the continuation of improper defense and illegal infringement.The conclusion part summarizes the full text and puts forward its own vision of the future of reverse defense.It is expected that people will eliminate the prejudice against this theory and apply it rationally to judicial practice.