Self-defense In Criminal Violations Study

Justifiable defense is humman's right,as well as one of legaljustifications.Illegal violation, where there is a lots of theoretical dispute,is thebasic of the right, We illustrate the connotation and extension of which fromdifferern aspect. It is believed, generally, if there is illegal violation,you canimpletement justifiable defense,however,there is some exception.In some special cases, generally,it is believed that you can implementjustifiable defense,however author will advocated you can implement justifiabledefense only after failing to avoid or reduce the damage or hurt by dodging fistlyor asking violator of negligent to pay attention to his own duty,because of socialethics,maximizing protection of social benefit and fair principle. The article isdivide into three parts.The first part elaborated connotation of illegal violation. By refering disputebetween domestic and foreign scholars (for example,China, Germany,Italy andKorean),the author point out that violation in justifiable defens system refer to theharm of great possibility,of presence or of possibilities of expansion. The illegalconnotation has three viewpoints in domestic and foreign。Illegal should beobjective,because of the human biology natural disposition, the aim ofestablishment of justifiable defense system and the value pursued by justifiabledefense system. On the base of introduction of dispute theoretically aboutextension of illegal violation and of different legislation of other countries, weconclude that extension of illegal violation does not include criminality,but alsoinclude infraction,however it is only restricted in the pressing and impendingviolation as for legislation of China, possiblity of change between crimility andinfraction,and etc. is concerned.The second part introduced some restriction on several special illegalviolation as for implement of justifiable defense is concerned. (1)Violation withimmoral act of victim. For close relationship between immoral act of victim andviolation behavior, so the victim can implement justifiable defense only under thecircumstance of no alternative choice. (2) Negligent act. There is vacuum state as for research of the implement of justifiable defense against negligent act isconcerned.We advocated that you can implement justifiable defense againstnegligent act after telling the violator to pay attention to his duty and the reason ofwhich. (3)omission act.There is three viewpoints about weather people canimplement justifiable defense against omission act. The author advocated thatpeople can, due to the equivalence between qua and omission, however, if onlyviolator can fullfill the specific duty, implementing of justifiable defense should notlead to the losing of violator's specific ability to fullfill his or her specific duty.(4)Violation of people without responsibility. Under foundation of analysingdifferent points of view,the author proposed that you can implement the justifiabledefense, but only after failing to avoid or reduce the damage by dodging firstly.Generally, repellence justifiable defense can not be implemented,unless it isinsufficient to stop the violation of person without responsibility by resistance.The third part has discussed the expansion of special illegal violation,andposition of that in the justifiable defense establishment condition,and therelationship between that and crime and punishment decided by law. what kind ofresponsibility shoud take of the implementation of justifiable defense underwrong or crrect awareness of the existence of the special illegal violation.Combining with present legislation of china and four special kind illegalviolation discussed in the article,the author put forward legislation proposal.