Research on Justifiable Defence Principle and Evidence Rules
|Keywords||the justifiable defense the self-defense the against the Criminal Law Article 20 the rules of evidence|
This dissertation is divided into three parts.The defense person from justifiable defense case suffers a loss in the current judicial practice,so exploring the controversial theory of self-defense .The aim is to make some contribustions,if any,to clarify justifiable defense system and clear the specific rules of evidence to excessive defense.Part one--- The typical dispute of self-defense system in China. This part expounds the following three Points: The frist is the assumption about human nature in Criminal and justifiable defense, the second is the interpretation to the criminal mode of defense and against, the third is the understanding of the Criminal Law Article 20.Part two--- The exploring the Criminal law purpose of setting self-defense rights. The following points are discussed in this part:the Criminal law purpose of setting self-defense rights ,the obligation about the self-defense and the against.Part three—The rules of self-defense and evidences to excessive defense.This part discusses the following points: the reasonable proposals to self-defense,the Interpretation of the Criminal Law Article 20,the specific rules of evidence to the excessive defense.