The Research About Constitutive Requirements Of Justifiable Defense

As one of the illegal self-defense negates the reasons is the national criminal legislation to give citizens in their own or another person, property and other important rights have been violated and the state of emergency public relief and delay the case of irreparable loss of an important right of private relief. Although the appearance of self-defense consistent with the constituent elements of certain crimes, but in fact do not have any social harm, but is conducive to the country, people and the citizens themselves. Self-defense is to fight crime with the criminal act is legally protected and promoted. But the defense is exercised by the citizens themselves, can not properly be exercised by many factors, and thus the world of self-defense criminal law in protecting the rights of citizens, but also the composition of self-defense and self-defense as defined in the implementation of elements were stringent requirements. Given the complexity of defining acts of self-defense, this article attempts to set up the conditions for self-defense to integrate the various academic point of view, analysis, combined with the current relatively new legal theory, discusses the conditions for the establishment of self-defense, then put forward the author of the self-defense Elements of view, and build their own "four essential conditions", namely: the main condition, the subjective condition, object condition and the objective conditions in order for our criminal legislation and judicial practice, the precise definition of self-defense provide a useful reference.