Several Problems Of Justifiable Defense

Justifiable Defense is a concept on the criminal law of civil law.In our country's criminal law system,the legitimate defense is different from the unlawful infringement behavior,because the implementation of legitimate defense in line with a certain legal conditions and social benefits.These conditions include the perpetrators need to have a legitimate sense of defense,the need for the existence of a real unlawful infringement;unlawful infringement is in progress,the legitimate defense against the wrong person and so on.Defenses against undue infringement that have not yet begun or have ended are called defenses,including improper defenses and improper defenses,and postponement of defense afterwards.In any case of legitimate defense,it must be an existing unlawful infringement,and then there is a legitimate defense,unlawful infringement and proper defense in the system is an interconnected,interactive relationship,which also determines the legitimate defense should have their own An independent period of time,that is,legitimate defense should independently determine its starting time,the beginning and ending time may both before the termination of unlawful infringement,but also may be the same as the undue infringement of the termination time,or even after the unlawful infringement.Not only that,the analysis of post-defense should also be "people-oriented",otherwise it will inevitably make the theoretical analysis of the conclusions fall in practice.In the general legitimate defense,the defensive limit is always a legitimate defense is very important to a content,because of which also contains a considerable worthy of attention and explore the issue.Defensive means that the defense is clearly more than necessary to cause significant damage.Legitimate defense is a criminal law system established by criminal legislators in order to achieve a specific purpose of justice.If we judge whether or not the defenses are at the time,we should measure it on the basis of that purpose.The means of defense,the degree of damage,and the objective outcome are the criteria,and we need to combine all the elements together into the analysis.Of course,in the case analysis,if the defender constitutes a defensive,we need to further determine what constitutes the offense,because the defense is not an independent offense.In order to determine the guilt of the defense,the key is to accurately identify the form of defense of the subjective sins,in this article,I believe that the defense of the subjective form of guilt can only be faulty.Chinese criminal law will be legitimate defense is divided into general legitimate defense and special legitimate defense.Special defense is a defender who is engaged in acts of aggression,murder,robbery,rape,kidnapping and other violent crimes that seriously endanger personal safety,take defensive acts,cause unlawful infringement of human casualties,do not belong to defensive,not criminal responsibility The Special proper defense is not "infinite" in many ways.Special defense and defense of the object and the defense time are subject to certain restrictions,so in the analysis of specific cases,that special legitimate defense of the object,the state of lawless infringement,etc.,should be combined with the actual situation to carefully judge.This article analyzes the existing legitimate defense system in our country from the above three aspects,and finds out some possible problems from it.It is hoped that these problems can help our country's proper defense system to further improve and perfect.