Self-defense Subjective Conditions And Related Issues

Proper conduct is key problem in the science of criminal law, and justifiable defense, as an indispensable part of proper conduct, has been gaining the attention of law circles. The justifiable defense system stipulated in the Criminal law plays an important role not only in protecting interests of the country and the people, but also in preventing crimes. The insurance of law and the exercise of defense rights are gaining wide attention under the environment of today's society, where justice is being called for and doing what's righteous is advocated. While we are constructing the theory mansion of justifiable defense, the subjective condition can't be avoided.The paper consists of 4 chapters and includes about 35, 000 words.Part I, this part focuses on analyzing the subjective condition of justifiable defense. There are different viewpoints about the subjective condition of justifiable defense in the theoretic fields. This paper advocates that the subjective condition is one of the establishment terms of justifiable defense that is the unification of subjective condition and objective condition. The intention of defense is the justifiable subjective condition avoiding illegality.Part II,the part discusses the theoretic foundations of the intention of the intention of justifiable defense, and analyzes the concept, the essence and the content of the intention of justifiable defense, which includes the cognition of defense and the purpose of defense. The cognition of defense includes the correct cognition to unlawful infringement, person and time in the process of justifiable defense .The direct purpose and the basic purpose make up the purpose of justifiable defense.Part III, this part analyzes the concept, the essence, the...