Research On Unlawful Infringement In Justifiable Defense

The study of justifiable defense can not be separated from the consideration of unlawful infringement.Only by confirming the existence of unlawful infringement in a case can we judge the justification of justifiable defense according to the specific circumstances.The "ongoing unlawful infringement" is the current criminal legislation of China's unlawful infringement of all the statements,vague and general,the use of specific cases in the judgment is controversial.In August 2018,the "dragon brother anti-murder case in Kunshan" triggered heated debate and was evaluated by many media people as leaving a "milestone" significance on the development of China's self-defense system.Starting from the "Kunshan case",this paper analyzes the four controversial factors,namely,drunkenness,provocation,defensive superiority,tattoo of evil animal and interference of public opinion,which influence the determination of "unlawful infringement" It is found that there are some problems in the determination of "illegal infringement" in our country,such as different objective judgment standards,severe judicial application and serious interference of public opinion,which result in the dilemma of judicial operation and influence the determination of "justifiable defense".In order to solve this dilemma,this paper re-examines the legal design of China's justifiable Defense System Emphasizing the principle analysis and determination of the disputed details in the case on the basis of a correct understanding of its legislative spirit,the expression of the rules and the operational mechanism,and the unification of the objective determination factors of "unlawful infringement",it is necessary to make clear the judgment subject,the Judgment Standard and the independent judgment environment,and to balance the scholars' prejudgment with the public opinion,so as to listen to the experts' opinion and pay attention to the social effect.That is,to refine the rules for the determination of "unlawful infringement",so as to provide new ideas for preventing the "dormant state" of China's legitimate defense system,and to look forward to a thorough study of the criteria for the determination of unlawful infringement Brings a careful grasp of the rules of self-defense.