Definition Of Justifiable Defense In The Case Of Persistrnt Unlarful

In order to define the constitution of justifiable defense in the case of persistent unlawful infringement,the concept of persistent unlawful infringement should be made clear at first.Persistent unlawful infringement does not refer to a specific act of infringement,but a generalization of some ACTS of infringement that last a long time,such as long-term domestic violence.At the same time,persistent unlawful infringement and general unlawful infringement are not two completely different ACTS,and the general unlawful infringement is likely to evolve into persistent unlawful infringement.Therefore,it is of great significance to correctly distinguish and understand the difference between the two.Persistent unlawful infringement includes both the unlawful infringement and the dangerous state caused by unlawful infringement.From the point of view of defense intention,in the process of unlawful infringement,the defender is generally not required to think rationally whether the defense measures taken in the process of defense can cause serious consequences.Therefore,even if there is a flaw in defense purpose,the legitimacy of defense behavior cannot be denied.From defense,in continuous violation cases,defense defensive behavior must satisfy the violation is ongoing,but if the offender suspended harm behavior,but its criticality caused continues,defense if implement defensive behavior,also can be sure the legitimacy of their defense behavior.From the perspective of defense limit,the necessity of defense act should be given priority to judge whether the defense act exceeds the necessary limit in the case of continuous unlawful infringement,and the defense act by the defender should not exceed the necessary limit by comparing the damage caused by both sides.In the identification of justifiable defense,there are differences between sustained unlawful infringement and general unlawful infringement mainly in the aspects of defense purpose,defense time and defense limit.Therefore,clarifying the identification standards of these aspects can provide more specific theoretical guidance for judicial practice.