Research On The "Urgency" Of Justifiable Defense

One of the conditions for the establishment of justifiable defense is that unlawful infringement is going on.The ongoing unlawful infringement makes the legal benefits in danger,which is called "urgency" by the academic circles.Urgency is the key factor to judge whether the unlawful infringement is being carried out,which directly affects the judgment of justifiable defense.However,on the judgment of urgency,there is no consistent view in the theoretical circle,and the confusion of theory and practice leads to different judgments in the same case.On December 18,2018,the supreme people's procuratorate issued the 12 th batch of guiding cases on the issue of "justifiable defense," among which the "Kunshan anti-murder case" highlighted the inconsistent standards of "urgency." This is not only bad for citizens to protect their legitimate rights and interests,but also bad for curbing social risks and promoting social justice.Although Yu Haiming's "anti-killing" act was finally recognized as justifiable defense by the judicial organs,there is still a great dispute over the case in the academic circle of criminal law theory.Some scholars believe that the situation at that time did not have the urgency of justifiable defense.This case has aroused a great discussion on the urgency of justifiable defense.The expression of "ongoing" is more general than specific,and urgency is the key factor to judge whether the unlawful infringement is ongoing.Therefore,in practice,it is necessary to make clear the importance of urgency to judge justifiable defense and clearly define the specific standard of "urgency".Since it is difficult to demonstrate the relevant issues directly by studying the pure law and jurisprudence,the paper will use this classic case to demonstrate the urgency of justifiable defense in China more directly.This paper combines the relevant theoretical knowledge of justifiable defense with judicial practice by means of case analysis and comparative study.Aiming at the self-defense case of Yu Haiming in Kunshan in 2018,from the legal basis and reasonable consideration,examining violation and the pressing of the infringer quilt is violated,then puts forward the necessity to study the "urgency" and how to determine whether the violation defense people face with urgency,defensive behavior is legal deterrent.The case analysis method can put forward the focus of the case through the case,and improve the theoretical system of the urgency of justifiable defense and solve the difficulties of the system in judicial practice.In addition,through the comparative analysis of the two legal systems on the urgency of justifiable defense provisions,in the absorption of advanced and mature system experience at the same time,combined with the specific national conditions andcurrent situation of China,in view of the shortcomings of China's judicial practice put forward their own views and practical Suggestions to improve.The purpose of this paper is to explore the dilemma of the identification of the urgency of justifiable defense.It is hoped that all the justifiable defenders can get the recognition and support of the law,get the protection of justice,and make the system of justifiable defense return to its original purpose.