The Question Of Justifiable Defense Against Nonviolent Unlawful Aggressiony

Based system of criminal law,by discussing a nonviolent violation for justifiable defense system to further clarify the problem of illegal violation "non-violence" definitions and standards,and based on the external form of non-violent violation nonviolent violation can be divided into four categories,and one by one on each type of nonviolent violation can apply justifiable defense system,as well as the applicable conditions and defense,nonviolent violation to academia and practice research to provide certain theoretical reference for justifiable defense system.This paper consists of five parts.The introduction mainly introduces the background of this paper,the significance of research,innovation and deficiencies.First chapter is summary of justifiable defense research present situation,is divided into the emphasis and difficulty in the current study the self-defense system,non-violent violation of justifiable defense problem research status quo of the two,this chapter summarizes the current our country criminal law educational world disputed area of justifiable defense system and corresponding views,and observes the criminal law educational world for non-violent violation for justifiable defense system and the theoretical basis of the view.The second chapter "violation" of justifiable defense,divided into violent violation,non-violent violation,non-violent violation the forms and classification of three,this chapter firstly based on the criminal law and criminology violence violation is discussed,and the definition and characteristics,and is derived by violence illegal violation nonviolent violation of the relevant characteristics and attributes,based on the system of criminal law on the basis of nonviolent means the violation of the external performance is divided into as a nonviolent violation,not as a nonviolent violation,holding nonviolent crime violation and represented by verbal attack illegal violation of mild violence four categories.Third chapter nonviolent illegal violation of applicable condition of justifiable defense system,divided into non-violent violation the basic elements of justifiable defense,non-violent illegal violation of applicable condition of justifiable defense two,this chapter first combining the feature of nonviolent violation discusses the illegal violation of justifiable defense system,time condition,the intention of defense,the defense limit focal point,the final combined with four types of non-violence violation,discussed its can apply justifiable defence,and from the subjective consciousness,the timing of defense and defense limits and other aspects the system of justifiable defense conditions and situations.Chapter iv Suggestions and opinions on the regulation of non-violent unlawful infringement in addition to the system of justifiable defense.In view of the wide scope of non-violent unlawful infringement and the wide range of legal categories,this chapter puts forward three judicial Suggestions: broadening the scope of protection of criminal law,strengthening the rigidity of protection of civil law,and further improving the level of law enforcement ability of judicial administrative organs.