A Study on the Different of Justifiable Defense and Unjustifiable Self-Defense—Focusing on Taiwan Judicial Judgement.

• Main Authors: CHAO, SHIH-CHIEH, 趙仕傑
• Other Authors: LIAO, CHENG-HAO
• Format: Others
• Language: zh-TW
• Published: 2019
• Online Access: http://ndltd.ncl.edu.tw/handle/v6ypps

碩士 === 國立臺北大學 === 法律學系一般生組 === 107 === In recent year, there are major events in Taiwan. The people not understand even criticize the court advocate the judgment of justifiable defense case when the result made this matter known to the general public. When there is a gap between the result of judgment and people’s expectation, public opinion will give huge pressure, especially the conclusion of judgment of justifiable defense however people accept in various of information from press at first. The judge suffer over-whelming criticism for the case. In this paper the author will focus on the judicial practice of adjudicators except radical and useless comments. The study will establish the element of criminal system at first, focus on illegality system and then positioning justifiable defense from the constitutive elements of crime system in Taiwan. And then, the author will introduce the meaning and essence of justifiable defense also unjustifiable justifiable defense. The author will introduce the origin of justifiable defense, foreign legislative examples, the spirit or the established element clearly also compare atypical justifiable defense. Demonstrate justifiable defense and unjustifiable justifiable defense completely. After reading justifiable defense and unjustifiable justifiable defense, the author will introduce and analyze recent several judgments of justifiable defense in Taiwan. To summarize reasons that the adjudicators can't determine related cases of justifiable defense in the judgment. Then mention the opinions to discuss the adjudicator's judgment. Reaffirm the definition and elements of justifiable defense and present the suggestion about amendment of justifiable defense. The purpose of judicial is in the needs of people. Through judicial publicity authority, make broken legal order recover and justice realize. In this paper the author present complete system and amendment to clarify fuzzy logic in the practices. To shortens the distance between people and judicial that establish respect and belief. The study has six chapters in total. The first chapter is introduction which illustrate research motivation, research purpose, research method and research scope. The second chapter define the justifiable defense from the criminal system. At first, introduce criminal constitutive elements then discuss illegal or not. At last, establish the position of justifiable defense from criminal system. The third chapter is the introduction of justifiable defense, which explain the origin of justifiable defense, foreign legislative examples, and clarify the position of justifiable defense. The fourth chapter is the introduction of unjustifiable justifiable defense. It compares the differences and similarities of justifiable defense. The fifth chapter is case study, which give three examples to analyze and compare the studies from the other researchers. The sixth chapter is conclusion and the suggestion about amendment, which reviews the problem of the study and give conclusion and advice.