On Justifiable Defense And Its Time Term

Justifiable defense is an important rule of our country's criminal law. In recent years, several justifiable defense cases have happened in our country, which arouses the society's concerns and exposes people's different ideas about the realization. Among the problems, the understanding of the time term of justifiable defense is the main one, which influences judicial circle and theory field. The thesis puts forth the author's points, thinking that time term of justifiable defense, in other words, unlawful infringement in process is not a simple concept of time and space but a kind of state—if the law doesn't protect the injured and strike the criminal the result will be bad. Namely, the saving fighting against criminals is always legal before unlawful infringement stops. The thesis deals with some concrete cases on the basis of the rule's value and the law's aim to explain what time term of justifiable defense means, what the basic judge method is.At first it provides the basic theory for justifiable defense time by enumerating and analyzing some law-making rules and theories about justifiable defense at home and abroad, and then discusses them carefully. From analyzing foreign and domestic theories of justifiable defense time term, points out some present domestic wrongdoings, which demand correct thought and concept of justifiable defense on time term. Then enumerating two examples to expose the dilemma about the standard of justifiable defense at present, and then discusses the rules about justifiable defense time term.At last proposeing the advices to perfect the legislation, putting forth the points that the illegal infringement is still existing if there is urgent confirmation between legal interests and illegal interests. Then it expounds the disadvantages on these points by researching the legislation value, judicial benefit and the protection of human rights of justifiable defense.