A New Analysis On The Justification Of Justifiable Defense

Based on a comprehensive research on the justification of justifiable defense, the author puts forward the theory of "half-the-state-of-nature" in view of the present theoretical defects. According to this theory, the author clarifies all the conditions of justifiable defense, and discusses about the typical and new-emerging problems both from the theory and in practice, in order to provide rational perspectives for the judicial officers to correctly understand and apply the justifiable defense system theoretically and practically, to provide useful references for legislation to revise justifiable defense system and to provide right directions for the citizen when justifiable defense is needed.The contents, structure and main points of this thesis are as follows:The first part is about the history of the justifiable defense. By examining the evolution of the right to defense, the author found out the theoretical source and basis of justifiable defense system, namely self-protection and remedy of the effect of legal validity.The second part is about the investigations of justifiable defense in different countries. In this part, the author mainly inspects specific issues about the justification of justifiable defense in traditional Criminal Law theory in such countries as Germany, Japan, Britain and the United States as well as China. By describing and analyzing justification of justifiable defense in specific cases, he raises the defects of justification of justifiable defense and the contradictions that cannot be solved currently.The third part is about the theory of half-the-state-of-nature. In the author’s opinion, the justification of justifiable defense lies in “self-protection” and “remedy of the defect of legal validity”.In the fourth part the author lists all conditions for justifiable defense. In this part the author gives a new interpretation of many disputes based on the theory of half-the-state-of-nature, and reveals the meaning of the third paragraph of Article 20 in our country’s Criminal Law.