Study On The Criteria For Determining The Intention Of Defense In Legitimate Defense

Article 20,paragraph 1,of the Criminal Law of the People's Republic of China stipulates: "In order to protect the country,the public interest,the person,property and other rights from unlawful infringement …" This part is a description of the law on the intention of defense,but the description of this article is too general to give a clear and specific provision on how to identify the intention of defense.For the understanding of "for the sake of …",neither the academic circles nor the judicial practice circles can form the standard of consent.What's more,there is no relevant judicial interpretation to define the standard,so it's difficult to confirm whether there is a defense intent.In order to solve the above-mentioned problems,the identification standard of defense intent is clarified.Starting from the judicial practice cases,this paper studies the specific identification standards of defense intent in judicial practice.It is divided into five parts:Part ?,Introduction.Mainly on the research background of the article and other related content to make a simple introduction.Part ?,the analysis of the current judicial status and problems of the identification of defense intent.First of all,there is a brief analysis of the current status of the defense intent through analyzing some cases.Secondly,it puts forward the relevant issues about the identification of defense intention in judicial practice,including the unclear connotation of defense cognition,the objective form of defense purposes and the strict requirements of defense purposes.Part ? is about the reasons of confusion in the identification of defense intention.Starting from the cases in judicial practice,this chapter confirms the identification of relevant cases,and puts forward three reasons,including the vagueness of the basis for the identification,the orientation of consequentialism and the interference of external factors.Part ? is about the concretization of the standard of defense intention,this is thecore part of the full text.This chapter combs the connotation of defense cognition,and puts forward some specific standards of identifying defense purposes,such as the objective form of diversification of defense purposes and the subjective requirements of defense purposes of the specific standards.Part ?,the author takes two specific cases in judicial practice,"Zhao Wujun Intentional Murder Case" and "Qiu Intentional Injury Case",as examples to analyze the basic case,and on this basis,the author substitutes the concretization standard proposed earlier into the analysis to demonstrate the rationality of the concretization standard.Part ?,Conclusion.This part suitably summarizes the full text and puts forward the shortcomings of the study.