Analysis boundless defense should have the condition

Criminal Diershitiao third paragraph states: "the ongoing assault, murder, robbery, rape, kidnapping and other serious violent crimes endangering personal safety, to take defensive actions, resulting in injury or death to Criminal violations, not defensive, not current negative Criminal. "This is not about specific cases when the defense had the special provisions.

Boundless defense is a special form of self-defense. Penal Code in view of the actual situation of the current social order and the characteristics of violent crime, personal safety that seriously endangers the citizens of violent crime, to take defensive actions, established a boundless defense principles. This encourage citizens to dare to fight against crimes, the use of legal weapons to protect their legal rights, safeguarding social order, are of great significance.

The establishment of boundless defense, must have three conditions:
First, the scope of defense must be against violence, murder, robbery, rape, kidnapping and other serious crimes of violence endangering personal safety. Here said, "attack", not the crime of intentional injury in general, but to re- Criminal damage. The so-called serious threat to personal safety of other violent crimes, is the equivalent of life and health of violent crime. For non-threatening personal safety and civil rights violations of other rights of property crime, violent crime, violation of personal rights generally, as well as non-serious endanger the safety of violent crime in general, can not be implemented without excessive defense principles.

Second, the defense of the time, must be a serious threat to personal safety of the ongoing illegal violence. "Ongoing", that is in the Lawless acts of violence have not yet started to implement the end of the state. Law boundless defense time conditions, and self-defense on the same conditions apply.

Third, the purpose of defense must be illegal to stop serious violence, to protect their own personal safety. If the defense does not have this, but to spite the purpose of retaliation or other personal anti-infringement, are not legitimate defense category, shall be intentional crime. If it is to protect the personal safety of others, to come forward to stop the Lawless violence, the defense should be handled.

Implemented with the above conditions the defense, even if significantly more than the necessary limits and causes casualties Lawless violence or other consequences, do not be defensive, the defensive behavior is reasonable, and not Criminally responsible.

Criminal defense Diershitiao the first paragraph and third paragraph under boundless defense, in fact the same, are excluded from the criminal justice act. The difference is that the former if certain conditions, it is possible into harmful to social behavior, when the problem existed, the latter can not be converted, its defense had when the problem does not exist. It is in this sense, the third paragraph is established boundless defense. but no When the defense is not unlimited defense too. In fact, this defensive behavior, both in the defense of the scope, time or condition, the Law has a restrictive provisions, is not without any limits. reposted elsewhere in the Research Papers Download http:/ / www.hi138.com