On The Legitimate Defence Of Our Country's Criminal Law

In our country's criminal law, the legitimate defence means to adopt the measures to do harm to offenders and the actions to prevent illegal inviolability, in order to protect the state and public interests, the living bodies, proverty and other rights against the going illegal inviolability. Although this action in form seems to be true of a crime, in fact it will be of benefit to the state and the people, not having the social harmfulness, forming a sharp "both positive and negative" contrast compared with crime. Therefore it is regarded as a legitimate origin of an incident, approved and promoted by the law. From the legitimate nature of legitimate defence, this article concentrates on analyzing the history evolution of legitimate defence and the legitimacy of defensive right. On the basis of evaluating, analyzing and drawing on the experience of all kinds of ideas of the academic community, it mainly deals with the tenable conditions of legitimate defence and the form of special defence, and inquires into the relation between the legitimate defence and the relevant concepts of the criminal law, distinguishing the legitimate defence from imaginary, intrusive, coincident, untimely and undue ones, while opening to the new ways of seeing things such as the subjects and objects of legitimate defence, coincident defence , legitimate defence in unpremeditated crime and necessity of special defence. It puts forward the corresponding measures to perfect the legislation of legitimate defence. The article aims at improving the academic circle and judicial application to take a further insight into legitimate defence and apply it, encouraging citizens to use defensive right suitably according to the law and bringing the legitimate defence into full playin stopping illegal inviolability, protecting legal interests and stabilizing social order.