Research On Qualitative Problems Of Defence Behavior In Transportation

The "defense" behaviors that occur in the transportation sector are different in nature: some are legitimate defenses(such as special defenses),some are defenses too much – negligence crimes may even be deliberate crimes,how are defense actions in such cases? Qualitativeity is always a highly controversial issue.When citizens are infringed illegally and public relief cannot be realized,legitimate defense gives citizens a right of private relief.This right of self-defense can be regarded as an appropriate transfer of the state's penalty power.The essence of legitimate defense is that "justice does not have to yield to failure," but this kind of non-yield is subject to restrictions.If there is no restriction on the way to realize "justice",then "justice" may be transformed into "injustice",and defensive behavior will fall into the abyss of crime.The theoretical and practical circles of criminal law have always been arguing about the relevant legal issues of legitimate defense and have not reached consensus of opinion.Among them,the identification of "perpetration" in special defense,the criteria for judging the limits of defense,and the forms of crime of excessive defense have been the focus of heated discussion and research in academic circles.This article takes "Shen Mou's death caused by driving" as the entry point,and conducts research on how to determine the quasi-determination of similarly controversial "defense" behavior.By analyzing the controversial issues in this case,the criminal responsibility of Shen's behavior is clarified and corresponding suggestions are put forward.The research content of this paper is mainly composed of six parts,as follows:The first part is a comprehensive introduction to the case of Shen Mou's driving death.Through sorting out four different viewpoints on how Shen Mou's behavior is characterized,this paper summarizes and summarizes four controversial issues:whether Shen Mou's behavior is defensive,whether Liu Mou's behavior can be evaluated as "assault",whether Shen Mou's behavior exceeds the defensive limit,whether Shen Mou's fault form is indirect intent or overconfident fault,and takes these controversial issues as the focus of the following theoretical discussion.The second part: By discussing the four conditions for the establishment of defensive behavior,it clearly defines Shen Mou's behavior as defensive behavior.The third part: This part will focus on the identification of "assault" in special defense.Through the analysis and the combination of the case,it is concluded that Liu Mou's behavior is not an "perpetrator",Shen Mou can not exercise his special defense right.This paves the way for the following discussion on whether Shen's actions exceed the defensive limit.The fourth part: This part will focus on "the limitations of legitimate defense".First of all,we should understand and analyze the "significant damage caused by obviously exceeding the necessary limit".Only when we meet the behavior limit and the result limit at the same time can we establish excessive defense.Secondly,we should clarify the considerations of the defense limit determination.Finally,we should bear criminal responsibility by analyzing the case to determine that Shen Mou's behavior is excessive defense.It lays down a foreshadowing for the following qualitative analysis of Shen's behavior.The fifth part: This part will discuss the form of crime and the identification of charges of excessive defense.Through the analysis of the form of crime of excessive defense,it is clear that Shen's subjective fault is indirect intent,so that Shen's act is convicted of intentional injury.The sixth part: This part through to the case analysis,has triggered the author to some questions ponder.The author suggests that we should correctly understand the meaning of the word "assault",clearly define the boundary standard of justifiable defense,and clearly stipulate the excessive defense behavior of impunity.This can not only reduce the disputes in the case,accurate conviction and sentencing,but also effectively protect the rights and interests of the defense.