On Cognizance Of Self-defense In The Process Of Joint Crime

Why the justifiable defense system in criminal law of civil law to encounter, illegalviolation of private relief rights, and power, to protect the interests of the state, maintain theindividual or the interests of others is important. A joint crime refers to the criminal is not thestate, citizens crime, this crime has caused great harm, serious damage to social order, in thisprocess, many of the victims will protect the legitimate defense their interest, so in thedefense of self-defense is to be carried out, this issue has been discussed in academic circles,there are a lot of different points of view in the academic circle and practice circle. Therefore,the common defects of defense seriously study and research in the case of the author, andguide people to the correct use of the justifiable defense system to combat crime, protect thelegitimate rights and interests from violation. The thesis is divided into four parts, about15000words:Part I: Case introduction. This part introduces the case of "Liang Moumou intentionalinjury" briefly, which happened in one district of Chongqing on18thOctober,2011.Part II: that the focus of the case is the common course of conduct in the defense ofvirulence identified and briefly pointed to the case of four different perspectives.Part III: Defend the common violations during the exercise to analyze differentperspectives. I believe that the conduct in violation of the common defense, we should doboth to protect the legitimate rights and interests, and effectively prevented the crime, shouldearnestly abide "protect the legitimate rights and interests must be based on the premise fromunlawful infringement,""in order to effectively combat infringement behavior is limited ","defense must be timely,"the three requirements.Part IV: The defense for legal analysis, which analyzes the origin of self-defense, defenseof the existence of four kinds of current opinions and viewpoints of those analyzed in detail.Meanwhile, also defended legal analysis carried out, pointing out that what is gone too far.There were legal defense for special analysis, pointing out that the concept of special defense,the course has a special defense defensive how we should define the limits, and secondly, forthe defense of untimely also carried out legal aspects of the analysis, pointed out the case ofuntimely defense, the last, the common defense against the legal analysis carried out, Ibelieve, be in violation of the common defense, we should do both to protect the legitimate rights and interests, and effectively prevented the crime, should earnestly abide "protect thelegitimate rights and interests must be based on free under the premise of unlawfulinfringement,"" in order to effectively curb infringement is limited to "," defense must betimely,"the three requirements.Part V: Combination of the above analysis, the conclusion of the case put forward theirown views of the author, I believe that the present case for Liang Moumou error of law, thecourt sentenced Liang Moumou on what should be the wave of injuries to the crime ofintentional injury liability, I believe that Liang Moumou into the waves of what can only beconsidered negligent injury, because the behavior of Liang Moumou presence defensive innature. The author in the text clarifies why Liang Moumou knife into the waves to drive awayany pulling behavior, though he defended this kind of self-defense with the current meetcertain conditions, however, his actions come from the case as a whole analysis, which cannot only analyze a scenario, in such tension, fear, circumstances, people can not make rationalbehavior. This part of the analysis of the case through, but also give us inspiration.