Research On Judicial Cognizance Of Justifiable Defense

The essence of defensive defense is to prevent infringements of urgency and injustice.Therefore,when discussing issues related to legitimate defense,illegal infringement must be taken as an entry point.Serious violations of the parties' rights and interests such as personal liberty,personal dignity,personal safety,etc.,are obviously invasive and can be used as a cause of legitimate defense.In general,although it is the unlawful infringement of national law and social law to infringe upon pure infringement,it is inappropriate to promote citizens to implement proper defense.However,when the illegally infringing country and social law interests also include personal legal interests,they should be allowed to exercise proper defense.The illegal infringement must be objective.When identifying the level of illegal infringement,one should not only see the external manifestation of the infringing act,but should pay attention to the degree of infringement of the law itself.The illegal infringement should have urgency,that is,the damage of legal interests caused by illegal infringement is in imminent danger and can form a sense of defense and urgency.The crime of negligence(behavior)is established on the basis of the results.At the same time,the negligence of wrongful infringement lacks urgency.Therefore,it is impossible to properly defend negligence.Considering the suppression of criminal law,the illegal infringement of inaction can be justified in defense,but it should still emphasize the effect of defense to a certain extent so as to avoid the abuse of defense rights.According to the provisions of the criminal law,only the illegal infringement that is under way can be justified.In the determination of time conditions,two parties can start from the beginning of illegal invasion and the infringement of illegality.When the legitimate rights and interests have been infringed or the direct threat to legal interests is already very obvious,it can be considered that the illegal infringement has begun.When the danger result is irreversible or the danger result will not be expanded,it indicates that the illegal invasion has ended.Defence awareness is a subjective condition that must be possessed to establish proper defense.Provocateurs are self-defeating behaviors that belong to the provocateurs.They do not have defensive intentions and are not legitimate defenses.The issue of defense in combat can not adopt a negligible attitude,and it should be based on specific analysis.When one of the fighting people has stopped or escaped,but the other party continues to inflict harm,or the party has obviously upgraded in the degree of violence and injury in the fighting process,it has brought serious danger to the personal safety of the other side of the fighting and should be allowed.Implement proper defense for this.The defensive behavior must be carried out against the illegal offender himself.The essence of unlawful infringement is the infringement of the law.Therefore,regardless of whether the infringer possesses the ability of criminal responsibility,as long as the infringement of the person's behavior objectively poses the danger of imminent reality to the law,it can implement proper defense.If a third party causes harm due to defensive behavior,it shall be dealt with in accordance with the principle of combating errors.Defenders who use other people's things for defense shall be deemed as emergency hedging.If the offender exploits another person's property and infringes it,he shall be deemed to have deliberately destroyed the property.The limit of legitimate defense is to distinguish the legitimate and illegal defenses,legitimate and improper signs.The intensity of defense must be based on whether or not the act of deterring illegal infringement,as long as there is no obvious disparity between the two,then a comprehensive analysis of the time,place,intensity,and number of occurrences of unlawful infringement shall be conducted.Defence violations can be either intentional crimes or negligent crimes.The specific responsibility to bear should be based on the relevant provisions of the Criminal Code.