| Self-defense system has been established thousands of years, the scope of unlawful attack has been changes. Associated with lynch right as an important power system, once the scope of self-defense is very broad; But, with the emergence of the state's punitive power and expand gradually, lynch right continued to decline until completely prohibited by law, in the process, defense activities increasingly narrow. Today, the state power infiltrate all areas of social life, how to deal with the both of defenses' competitive interests become difficulty in criminal theory and practice. If we can not understand unlawful attack, we can not judged what could be countered against, this is the same as the denial of the right to self-defense . The search of a clear standard of unlawful attack became the key issue whether citizens can execute the right of defense and it is very important to protect citizens' right of defense and promote civilian population struggle against violent act and criminal act. This article expounds comprehensively unlawful attack about self-defense through five parts:The first part is the simple history about unlawful attack. I think there is deference about judge standard of unlawful attack between the defense systems in ancient China and Western countries before recent times. The judge standard of unlawful attack in Chinese ancient law is an objectivism violation, and in the development history of Western criminal law, it has brought with an obvious subjective color. By comparison Western with Chinese on law and culture, I believe that different backgrounds between public law cultural and private law cultural are sources that cause to regulate differently unlawful attack. By analysizing how to balance the competing interests of the both saides, I think that people who defense against the infringer in a weak position. The judge standard of subjective violation demands the defense people stricter oberviously than the other side and this is not good to execute the right of defense, so the objective standard is better. And from the point of view of social reality, the objective standard coincides with the legal sense of our citizens at this stage. |
