On The Timing Of Self-Defense

Self-defense is a powerful weapon that the law gives citizens to safeguard the state,the public interest and the legitimate rights and interests of themselves and others.Our country has gradually relaxed the restrictive conditions of self-defense in legislation,so as to guide and encourage citizens to use the correct and appropriate ways to fight against illegal crimes.But in the past few years,the public opinion caused by the typical case of self-defense has been delayed.Although the judicial response can appease public anxiety to some extent,the correction of individual cases is not the end point.In practice,the application of the law to the time of self-defense is also contradictory,although the theories formulated by the theoretical circles are different,and the operation is not strong in judicial practice,and it is influenced greatly by subjective thinking.At the present stage,the timing of self-defense in our country is relatively strict and the regulations are vague,which makes it difficult to identify some cases as timely defense,which is contrary to the legislator's initial mind to set up this system.Therefore,it is the duty of the criminal law researchers to clarify the relevant theories of the timing of legitimate defense and to explore the reasonable criteria for the timing of legitimate defense in practice.And can be understood and recognized by citizens,better to promote the realization of fairness and justice in criminal law,conducive to the implementation of the minimum standards of the people's justice and the highest pursuit of human rights protection,from the fundamental dispute.The article is divided into four parts.The first part is the introduction.This paper briefly combs the background and significance of this topic,the current research situation at home and abroad,the main research contents and methods,and the innovation.The second part discusses the basic theory of justifiable defense timing.This paper focuses on the definition,characteristics,value and classification of self-defense timing,and thinks that it is not suitable to advocate defense for non-violent illegal infringement,which should be solved through other legal channels.The third part mainly analyzes the existing theories about the starting point of defense timing,and discusses the advantages and disadvantages in theory and practice.It is considered that the theory of urgent generation of defense should be the standard theory to identify the starting point of self-defense.According to this doctrine,the exigencies of defence for hard violence arise when national security,public security and the right to life of theindividual,the right to health and the right to sex are threatened by serious hard violence,or when other interests of the State,public and individual have been violated by hard violence and the violation continues,or when the property rights of the State,public and individual have been violated by hard violence but the loss can be recovered on the spot.The first is that the illegal infringement is continuing.Second,the ongoing illegal acts of aggression caused the defenders to anger or panic and other extreme emotions to reach an uncontrollable state.But the defense of the brave needs only the first condition.And through the typical case empirical analysis reveals how to grasp the hard violence type illegal infringement and soft violence illegal infringement defense starting point.The fourth part analyzes the main theories of defense timing termination point one by one,points out the merits and demerits,and lays out the position of defense urgent release theory.According to this theory,it is considered that the defense urgency of hard and soft violence is the same.First,the wrongdoer gave up the act and fled the scene because of within or outside the will.Second,although the illegal aggressor did not flee the scene,but on the spot apologize,actively prevent the result of the infringement aggravated.The paper also reveals how to identify the end point of defense of hard violence and soft violence.