On The Time Conditions Of Legitimate Defense

The legitimate defense system is a self-rescue right of the state to compensate for the loopholes in public relief and when citizens are in an emergency state of danger without receiving public power relief.In order to ensure that it can play a better role,but also to prevent the system from being abused,it has established conditions for its establishment.The establishment of legitimate defense needs to meet five elements,namely,preconditions,time conditions,subjective conditions,object conditions,limit conditions,five conditions are indispensable.However,few scholars have carried on the thorough research and the analysis to the time condition of the self-defense,the present stage theory and the practice to the time condition of the self-defense also has a lot of controversy,has failed to form the unanimous view.This will inevitably lead to judicial chaos,to a certain extent,it also prevents citizens from exercising their right to defend themselves,and does not meet the legislative purpose of the legislator in the establishment of self-defense.Therefore,an accurate understanding of the time conditions of self-defense "unlawful infringement has begun and has not yet been concluded",as well as the criteria for determining the start time and the end time,are undoubtedly the major challenges before us and the direction of our efforts.In addition to the introduction,this article has a total of five chapters:The first chapter: through the "Yu Huan intentional injury case" and "Yu Haiming to Liu Hailong death" Two hot cases,the criminal law academic circles on the time conditions of self-defense debate.The second chapter: mainly introduces the provisions of some major countries and regions in the two legal systems on the time conditions of self-defense,and makes a brief analysis.Common law countries use subjective criteria for the time conditions of self-defense,and pay attention to the inner feelings of the defenders when they make defense,while the civil law system takes "objective speaking" as the standard and based on the reality of the infringement behavior.The third chapter: mainly combs the domestic theory about the beginning time of self-defense,mainly has "start to say","Enter the scene to say","directly face to say","comprehensive theory" and so on,and analyze and contrast these theories,and then draw their own point of view: the existence of urgent state,and give the judgment standard of the existence of Finally,combined with their own point of view on the "Yu Huan intentional injury case" to assess.The fourth chapter: mainly combs the domestic theory about the end time of self-defense,mainly has "excluding danger theory","dangerous Result formation theory","leaving the scene theory","no uniform standard theory" and so on,has carried on the appraisal to these theories,finally obtains the own viewpoint: the urgent state elimination,and listed the specific situation,and finally to the "Yu Haiming Liu Hailong death case" analysis.Chapter 5: The issues related to the time of legitimate defense are discussed separately.First,illegal violations continue.It mainly discusses two types of illegal detention and killing of abused women.For cases of continuous aggression,the special impact of "accumulated increase" of illegal infringement on the defensive conviction should be considered,and the whole case should be comprehensively considered to consider the whole case.Second,the occasion of recovering property.Reconstructing the end of legitimate defense,if the legal benefit can be restored,the end time can be extended until the harmful consequences can no longer be alleviated.