Research On The Necessity Of Defense Intention Of Justifiable Defense

It is generally believed that the four elements must be satisfied in accordance with the justifiable defence: first,the cause of justifiable defence must be directed against the unlawful infringement;Secondly,the object element must be aimed at the person who violates the law.Thirdly,the time element must be required to be the illegal act that is happening at this time and also to the victim;Fourth,the limiting factor,that is,the defense against the infringe must be controlled within the appropriate and necessary limits,and must not exceed this limit,otherwise it will lead to excessive defense.It is debatable whether it is necessary to consider the condition that the defender has both rationality and legitimacy in subjectivity.There are two theories,namely,that one is social rather than the other,and the other is the measure of law and interest.Social quite sexual said no value and the value dualism based on behavior,points out that the establishment of justifiable defense to consider defense subjectively legitimation conditions must be satisfied,and defense means need to say the formation and improvement of defense epistemology.Said law benefit measure based on the results of no value,for a just cause,do not need to determine whether the defense is to defend the meaning of the said that as long as objectively superior or equal legal interests protected,behavior should be sure,or cannot evaluation for breaking the law.This article mainly studies from the following four aspects,first of all in the beginning of this article briefly describes the case,then raises the controversy focus and the disagreement opinion.Secondly,it analyzes the justification of justifiable defense,and puts forward that it is more reasonable.In addition,the analysis of the defense meaning is necessary for the establishment of justifiable defense,and then it can be concluded that the defense should not be regarded as one of the important elements when judging whether the behavior belongs to justifiable defense.In the end,the author analyzes the justifiable defense issues in the implementation of the fight,and the definition of the behavior of the defendant in this case.