Time Criteria On The Self - Defense

Justifiable defence is an important rule of our country's criminal law. In recent years, several justifiable defence 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 time term of justifiable defence 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 defence, 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 criminals 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 defence means, what the basic judge method is. Also it approaches these problems from unlimited defence, defence against time term and defence act etc. The thesis will branch into three chapters.The first chapter puts out argued cases through Huang Zhongquan's colliding a robber: how to understand time of justifiable defence has theoretical and practical sense. Briefly enumerates some law-making rules and theorise about justifiable defence at home and abroad and discuss them carefully. At the same time, the text points out some present domestic wrongdoings, which demand correct thought and concept of justifiable defence on time term .Finally, it puts forth the author's main points, thinking that the saving fighting against criminals is always legal before unlawful infringement stops.Also, from law-making sense, judicial benefit and position of using criminal laws properly, the thesis sets forth the advantages on the author's points.Chapter 2 discusses unlimited defence and converse defence, two kinds of special justifiable defence on time term.Chapter 3 demonstrates these problems such as defence anainst time term of justifiable defence, and puts forth the author's points.