The Unlawful Infringement In Self-defense

Justified defense,as an illegal deterrent,is clearly defined in the provisions of China’s criminal law.In China’s criminal legislation,self-defense is considered an exception to the law,and it is a very important means for citizens to defend their legal and legitimate rights.Although in the criminal law,there are related to the content of the wrongful infringement,there are also judicial interpretations of the wrongful infringement to make further interpretation of the content of the coverage,the scholars of criminal law theory has also conducted a lot of research on this,but still lack of legitimate defense of the wrongful infringement of the primary premise to do a systematic sorting,the theory is not a unified standard for handling cases,and it is not divided into categories,especially in judicial In practice,the courts,procuratorates,public security organs and other units of judicial personnel,the wrongful infringement of self-defense is not in place,in the specific case of the practice is not perfect,which causes the study,research and judicial practice is easy to confuse the treatment,which will certainly have a negative impact on the exercise of the right to self-defense of citizens.At the same time,in the process of judicial trial due to the lack of perfect legislation,judicial personnel understanding is not in place,as well as the theory of one-sided chemical said,so that the scope of application of self-defense also has greater limitations,which undoubtedly can not motivate people to actively resist the violation of criminal behavior.For the understanding of the wrongful infringement,there are three mainstream views in the academic field: subjective,objective and unified.In this thesis,after summarizing and comparing many different theoretical views at home and abroad,we analyze and make a supplement and summarize with our personal knowledge in order to make a more accurate judgment on the wrongful infringement in self-defense,to understand its specific characteristics,to understand what can be done in self-defense,when not to do so,and in the case of self-defense,how to grasp the corresponding level of defense,including how to define and allocate the burden of proof for wrongful infringement.In this way,we can study the relevant law and the relevant legal issues.In this way,when we study the relevant theoretical knowledge and judicial practice,it will be more clear.