On The Time Condition Of Justifiable Defence

Justifiable defence is an important provisions of the criminal law system. In recent years, the few involving justifiable defence of criminal cases caused extensive concern of the society, the people in self-defense relects for understanding differences. Among them, the understanding of the condition of justifiable defense timeis the core, this problem, judicial and theorists are more serious understanding differences. This time, the condition of justifiable defense ~ infringe upon "underway" should not be a simple concept of time and space, but is a state of criminal law to protect - law faces pressing against infringement, if not the threat, will cause irreparable damage may be. Namely, it should be considered unlawful infringement is still on as long as the antagonism between the legitimate rights and the unlawful infringement are not stop.From the analysis of the specific case, according to the value of self-defense system,the principle of legislation,the specific meaning and benchmarks of the conditions of justifiable defense time are discussed in this paper.This paper contains 4 parts except for the introduction.The first part introduces two cases which are extremely similar, but the verdicts of them are opposite.The second part of the system analyzes the evolution and system value of self-defense.The third part summarizes briefly justifiable defense legislation and the theory of ideas and make comments that at present domestic related theories are defective, The scientific orientation of condition of justifiable defense time are need . This paper claims that it should be considered unlawful infringement is still on as long as the antagonism between the legitimate rights and the unlawful infringement are not stop.The fourth part analyzed in combination of case law practice of justifiable defense, and probes into the problems of "ongoing" theoretical issues in the standard in the article, and finally come up with some countermeasure. There is an expectation that this paper have certain effect to help solve the problem of cases to safeguard the lawful rights and interests of the victim.