On The Time Conditions Of Self-defense

Domestic current Penal Law simply defines Self-defense time conditions as that self-defense behaves legitimately when one suffers"on-going unlawful attack". What is"on-going unlawful attack", therefore, When it beginning, and when it being over? What's the identifying criterion and theory basis? In theory circles, different views on the topic enrich insights, but lead us to be at sea.The situations of that theory circles is in a great controversy makes Judicial Practice confused, thus different judges conclude into opposite arbitration when confront of the similar cases. Penal Law theory argue back and forth, and Judicial Practice circles cannot agree with each other, all these together hinder citizens exercise their Self-defense power, and expected social benefits of"uphold justice"by legislators is hard to explode.It's inescapable responsibilities for Penal Law researchers to clear up the Self-defense theory and raise clearer ideas, letting every one knowing and understanding certain time conditions about Self-defense, and cognizance of criminal character.Accordingly, it's crucial to reconsider and examine time conditions of Self-defense, state"on-going unlawful attack"precisely, and build a standard criterion theoretically for time conditions of Self-defense. Researches on time conditions of Self-defense help to eliminate misunderstandings for Self-defense construct scientific reasonable Self-defense theory system; and help to stimulate citizens carry out Self-defense rightly, thus guard against penal criminals.The article divided into four parts, almost 40,000 words.Part 1 is the Introduction. Words in this part introduce theories and backgrounds for time conditions of Self-defense, and point out main contents,research ways and clues. In theory, Penal Law Circles holds different points on time conditions of Self-defense. In justice practice, justice executants behave differently as well. Consequently, abundant similar cases are treated variously, bringing in argument on our justice system. Those are the theory and practice backgrounds of this research.Part 2 is responsible to define the start line about Self-defense, which is in core of the article. Firstly, the writer introduces domestic points and analyzes both of which contributions and weakness. Secondly, the writer makes researches on legislation and penal theory on continental law system and western law system. Legal interests infringement happens pressingly, could citizens act Self-defenses in both of the dominant lay systems, which define pressing-infringement differently otherwise, continental law system insisted on Objectivity, while the western law system insisted in Subjectivity. Based on above two kinds of theories, the writer raises up comprehensive opinions, which comes to the main content in this part. The writer considers that Self-defense is a kind of Private Remedy Rights which endowed citizens when they confront urgent danger, only legal when the behaviors suffered Legal interest infringement urgently. As to the standard about urgent infringements, the writer intends to objective subjectivity. Then, the writer addresses new views on Fighting with each other, Expectations infringement.Part 3 is to define deadline of the Self-defenses. It's on the same status with start line in the article. At first, the writer analyzes both domestic and overseas points in details, and points out both of weakness. Secondly, the writer explodes weakness. And then, the writer indicates that the deadline for Self-defense is the time when urgent infringements relived. The relive reasons, by which the writer divided into voluntary elimination and passive elimination, are analyzed and proved in details.Part 4 is to discuss about Self-defense time conditions. In this part, the writer particularly argues about pre-countermeasures and how to define the behaviors that the assaulted women inflict on perpetrators.