The Research About Justifiable Defense

This article through to the justifiable defense system thorough analysis proof, is for the purpose of enable the people to have to the justifiable defense system to be comprehensive but the also clear understanding, and the promotion educational world and the judicial practice further correctly understood and is suitable the justifiable defense, encourages the general citizens correctly exercises the defense power in the legal permission scope and the limit, enable it to have stops the illegal violation, the protection legitimate rights and interests, the stable social order function to obtain fully effectively displays.The full text altogether divides into five parts besides the introduction and the conclusion, approximately 75,000 characters.First part, justifiable defense outline. This part first discussed about the justifiable defense concept limits and the type division; Next elaborated the justifiable defense essence and in the criminal law study system status with emphasis, the deep level analyzed the justifiable defense right theory basis, and theoretically has proven the justifiable defense reasonable status.Second part, general justifiable defense tenable condition. In this part, the author to the traditional justifiable defense constitution "five important documents said" proposed the objection, but advocated new "four important documents said", and aimed at various important documents to launch the concrete elaboration. Compares each viewpoint in the analysis in the foundation, does the author to the imaginary defense crime form and processing, whether violate to the indirect principal offender and the help implements the justifiable defense, how understood justifiable defense question and so on boundary condition proposed is different in the logically coherent argument new position. This part is this article key point.