Punishment Law Analyses On The Justifiable Defense

China’s criminal law gives citizens the right of justifiable defense. Justifiable defense not only is harmful to the society, but also beneficial to the society, is good for citizens’ legal rights,the protection of the law, support from various countries. Laws and regulations to encourage people to struggle against criminal ACTS on the prevention and punishment of the crime is the cause of country have certain hysteresis, on behalf of the state law enforcement of public security,prosecution, courts and other organs nor in the presence of illegal violation or dangerous, to ensure that the first time to solve the disputes, and avoid the occurrence of crime. So countries give citizens the right of justifiable defense, that allows people to get state public right relief, timely take private force to remedy.Because of justifiable defense is illegality deterrent for criminal responsibility according to law, even if is to be considered excessive defense, can also be reduced or exempted from criminal punishment. Contains mostly tetragonal defense behavior at the same time the defensive counter-attack, so some intentional injury cases, the perpetrators to escape the legal sanctions, the judiciary in inquiries, to hide their real intentions, said he is for defensive purposes. In judicial practice, some intentional injury cases, because be considered justifiable defense, the defendant is not punished, some justifiable defence was identified as fight each other, and then set up of intentional injury.Can’t correct understanding for justifiable defense, caused the same behavior, crime and is not a crime, the phenomenon with different for crimes, also left to take advantage of the law of the opportunity, and thus provide an excuse to judicial corrupt in the law and the basis, the authority of law. In this article, the author through comparative analysis of several cases, it elaborates the justifiable defense, sorting out the related content, hope can help you understand the meaning of justifiable defense, grasp five conditions, accurate. Cause at the same time to satisfy the defense,defense, defense, defense object time condition, which causes great damage more than limit defense behavior, can be regarded as excessive defense. No other conditions shall apply the provisions of article 20 of the criminal law.