On The Determination Of Defense Time Under Special Circumstances

The self-defense system stipulates that citizens can take defensive actions against the ongoing illegal infringement,which is an important system in China's criminal law as a matter of illegal obstruction.Due to the ever-changing circumstances of the case,some cases have a great controversy on whether it can be identified as justifiable defense.This paper selects three cases,which break through the public's general understanding of self-defense,intended to supplement the deficiencies of self-defense system,and improve the self-defense system.By studying the case of Liu ShuanXia's domestic violence,this paper analyzes the standards that should be adopted when judging the starting time of self-defense.At present,the academic views include the theory of starting,the theory of entering the scene,the theory of facing the danger directly and the comprehensive theory.These views have their disadvantages.This paper agrees with the objective theory to judge whether the illegal infringement has started.And in the study of the theory of "victimized women's syndrome",it is necessary to apply the theory to domestic litigation.When judging the end time of justifiable defense,this paper thinks that it is appropriate to use the theory of determining the infringement of legal interests to judge.When the justifiable defense act is carried out,neither the loss can be recovered nor the infringement result can be prevented,when the legal interests infringed by the illegal infringement act have been determined,it is the end time of justifiable defense.In the case of special defense,the definition of illegal infringement should include actual harm and dangerous act.Only when the dangerous act can also be defended,can the self-defense system be applied correctly.The existing judicial system strictly reviews the exercise of the right of special defense to avoid abuse.