The End Time Of Justifiable Defense

With the further judicial reform and gradual improvement of the judicial system, people’s legal awareness is constantly awakened. In the event of wrongful invasion, general public awareness of self-protection is also growing. Legitimate legal system has become increasingly important. The provisions of the justifiable defense system, not only to protect the legitimate rights and interests of citizens, but also to protect the State and the social interests from being violated. Simple language for China’s current criminal law the 20 th time condition of Defense regulations, must be "ongoing unlawful infringement". What kind of situation is in progress? How to define the specific start time? How to define unlawful infringement is the end time? The opinions are different on this issue. Various doctrines and standards have advantages and disadvantages, but there is no consensus on a unified standard and theory.In recent years, surfacing in some cases of legitimate defence, became the focus of academia and society discussion topic, also reveals that the current definition the big differences in self-defense, especially the ending time to determine the problem. This paper argues that "ongoing" illegal infringement, cannot be seen as a concept of time alone, but to exist as a State, that is, legal interests protected by criminal law are facing huge threats, if not immediately strike will cause irreparable damage. When the legitimate end, you should see torts and legal interests before the existence of pressing against, as long as the confrontation continued, it should be considered to be unlawful infringement continuing acts, it should be recognized as legitimate. Specifically, this paper is divided into three parts:The first part, brief case, starting from the “Huan zhong quan case” and ”Miss Long case, compare the verdict, leads to disputes existing in the two classic cases.The second part, overview of the legitimate end elements of an analysis of the main theories and evaluations. First to introduce the doctrine, the most important doctrine in China is dangerous to exclude the doctrine, suppression of hazards resulting theory, doctrine, no standard doctrine, and so on. Then, analyzing all kinds of theories and pointing out its shortcomings, and clearly the legitimate end of scientific orientation and the need to explore. This paper introduces the basic contents and characteristics of the State said, and the State said the value of content, for sure.The third part, return to the specific case. By the different conclusions of the case, judicial differences between critical points are found. Then, analyzing the two cases with the classical theory. The best in opinion of the author advocated "State theory" analysis of two case studies, concluded that it is reasonable.