Re Discussion Of Justifiable Defense

As a supplement to the relief of public remedy,all countries in the world generally set up justifiable defense system in criminal law as a cause of illegality.Justifiable defense,as a legitimate reason stipulated in the real law,is not very controversial in the theoretical circle of china.However,when we should be specific to some specific issues,how to delimit the boundaries of justifiable defense is still a major problem plaguing judicial practice.Although the number of justifiable defense cases is not very large,almost everyone has different opinions.In recent years,"Huan Huan assassination of humiliating mother" case has aroused widespread concern in the society,and once again aroused the discussion about the establishment conditions,defense limits,excessive defense and criminal responsibility of justifiable defense.In this context,it is urgent and necessary to re study the justifiable defense system in China's criminal law.Based on the "Yu Huan assassination shame mother case" as the starting point,based on the case of judicial decision and public opinion,the law applicable to the dispute,to explore the theoretical basis,the justifiable defense implementation conditions,limit and excessive defense of sin,to further expand in the case constitutes a crime and justifiable defense the suspect in the Huan is a crime,constitute what crime,how to punish the conclusion,and the justifiable defense system reflect the value and status.Specifically,my paper is divided into five parts.The first part is the background introduction of this case,leads to the case law,reason and emotion tangle,and pointed out that the focus of controversy is the most fundamental and applicable to the justifiable defense understanding.The second part is to evaluate the value of the logical starting point,discussed in the case of law and morality is important,which is the priority of the problem.In ancient China,when dealing with legal issues or disputes related to family ethics,people tended to take the concept of "kiss,respect" advocated by Confucianism as the evaluation standard.However,with the development of society,people's demand for fairness and justice is no longer satisfied with moral constraints,but to more standardized,more standard,more coercive effect development,which is the basis of the existence of the legal system.Law originates from morality,but the two gradually separate into two different evaluation systems and produce primary and secondary logical order.In our country,the rule of law is the dominant factor,and rule by virtue is the auxiliary method.Therefore,the fundamental dispute in this case lies in the application of the legal system of justifiable defense,and then the moral and emotional issues are considered.The third part is the definition of unlawful infringement.The author attributes,from illegal conduct illegal acts of the limits of time and space requirements are analyzed based on the characteristics of unlawful infringement,demonstrates the behavior of debt in this case has considerable social harm.It also discusses a controversial focus of the case: whether the police presence can prevent the urgency of self defense behavior.Finally,it concludes that the unlawful infringement of this case has not yet ended,the elements of the urgency of illegal act already have,and the justifiable defense still has the time condition of implementation.The fourth part analyzes the unlimited defense right does not apply to this case,the object as well as on Huan's defensive behavior does not exceed the limit of defense,the last judgment "around several factors obviously exceeds the limits of necessity" to consider,to defend the strength of Huan "significantly exceeds the necessary limit is the conclusion.The fifth part of the article discusses the defensive intention and hurt intention of the defender.The justification of defensive intention in defense should not be an influential factor in the form of defensive transgression.From the over defense,justifiable defense to intentional crime,objective behavior from the combination of subjective and objective perspective in Huan and subjective psychology,was beyond the category of defense for Huan subjectively,it is harm to make the overall behavior completely transformed into intentional crime from the fundamental conclusion on.In the conclusion part,this paper takes over defense behaviors in defense of people's subjective malignant objective harm compared to pure crime to light grounds,requires the judiciary to grasp the excessive defense and the inner link between and self-defense,to facilitate national laws to encourage citizens to exercise the right of self-defense attitude embodied,and to encourage the majority of civil society the right of self-defense in the scope of legal framework within,realize the decisive blow to the criminal behavior,provide strong support for effective defending legal sanctity.