On The Time Condition Of Justifiable Defense

As an important system of the criminal law,the system of legitimate defense stipulates that citizens should be subjected to unlawful violations,especially when they are unable to obtain public relief.Legitimate defense system can be an important system to protect the legitimate rights and interests of citizens.In order to allow the legitimate defense system to play its due role,and also to prevent the legitimate defense from being abused,many conditions have been defined for the establishment of the legitimate defense,and the time condition is an important element.And every country has stipulated the time element of self-defense without exception.This paper mainly analyzes the second time element.With the contradiction caused by the application of time condition law in judicial practice,different theories have been put forward.However,in judicial practice,there is no strong maneuverability,and it is greatly influenced by people's subjective thinking.At the present stage,our country is often too strict about legitimate defense and the time conditions of legitimate defense.Vague regulation makes it difficult for many cases to be considered as normal defense behavior,which is contrary to the original intention of establishing legitimate defense system.Therefore,this article mainly according to the domestic and foreign related theory research,and unifies the concrete case judicial practice operation,to our country defense time present stage existence question,as well as if determines,the legislation consummation puts forward several own views.The full text is divided into four parts:The first part is to analyze and analyze the domestic and foreign theories and legislation,and to put forward the viewpoints that we agree with at the same time.In the second part,we choose the classic case analysis from the judicial practice and put forward the "state continuance theory" to analyze and use it to analyze the two cases.The third part: determine the time of justifiable defense and put forward the principle,classification and how to reconstruct the time of legitimate defense.The fourth part discusses several typical problems about the time of justifiable defense,and puts forward its own views on the specific problems.