How To Identify Justifiable Defense

Justifiable defense is an act, according to the Criminal Law of the People's Republic of China, Article 20, that a person commits to stop an unlawful infringement in order to prevent the interests of the State and the public, or his own or other person's rights from being in fringed upon by the on-going infringement. It is one of the most important and the commonest justifiable acts. Objectively causing some harmful effects and formally corresponding with the objective aspects of some crimes, while factually neither dose the justifiable acts harm to society nor has any criminal illegal aspect.The justifiable defense is a right of citizens granted by the criminal law instead of the last way to curb the infringement. Considering this, citizens have the right to commit the justifiable defense measurably, even though they could avoid the infringement or ask the judicial authority for help. In other words, in China, the justifiable defense is not only a contingency measure which you have no choice but to do, but a positive way to fight with the perpetrators encouraged to do by the criminal law.However, the justifiable defense is a hot spot both theoretically and practically. Researching on it can benefit both sides above, by providing a better way to understand the essence of crimes and differ guilty from not-guilty. Besides, it could help citizens to exercise their legal rights and obligations. And it encourages all citizens to fight with the perpetrators positively to build more responsible minds for the whole society.Here in the essay, I am going to talk about how to identify the justifiable defense based on the hot spot argued among the ordinary and the professional. The essay is made of three parts. Part One, Introduction, shows us a real case to introduce what is the justifiable defense. Part Two is separated into four sections: Section One is the history of it. Section Two talks about five elements of it——intention, cause, object, time and limit.Section Three is the definition of it. Although in Section Two the elements of the justifiable defense has been shown, it is necessary to discuss the criteria in details in each element in order to understand and apply better while avoid vague situations. Section Four indicates the undue defense and its responsibilities. Last but not least, Part Three goes back to analyse the case in the beginning and comes to a conclusion.Sincerely in such way, I hope to discuss the justifiable defense to attract the public's attention to it and dedicate myself to the construction of the socialist country under the rule of law.