On The Time Conditions Of Self-defense

Justifiable defense is regarded as an urgent right of self-defenseto avoid infringementof one's rights in the current criminal law system.The premise of this right is that the defenders have suffered actual illegal violations and have no possibility of obtaining immediate relief from the public powers of the state.Then in order to protect the rights from unnecessary damage,the law gives defenders the right to fight offenders with personal relief,the legal nature of legitimate defence is therefore defined as a legitimate right.However,justified defense is also an offensive action to counter the opponent,think purely from the perspective of the consequences,It is also a violation because it may violate the rights of the offender.So why does the law define violations as legitimate? Because there must be quite strict restrictions on the exercise of legitimate defense rights.check the demestic and international criminal law doctrine,for the exercise of justifiable defense,the prerequisite of "unlawful infringement is ongoing" is provided.Although our country's current criminal law prescribes that due defence can only be applied to "on-going illegal violations",but I think this rule is too simple and clear,What is the ongoing illegal violation? What kind of theoretical criteria should be used for identification? Criminal law scholars have their own different opinions opinions on this.The point is on the counter-attacks of the above defenders,whether they meet the time requirement of "illegal infringement is in progress".Therefore,once again make the prerequisite time requirements for proper defense be clarified,on the one hand,it not only enriches and perfects the theoretical system of legitimate defense in criminal law,On the other hand,hope it to be able to guide practice with theory,to answer the difficult questions about the justification of defense in actual cases.This is also the starting point on which this article is based and the small contribution that it is expected to make.Against ongoing violations,is understood as “have started and have not ended.” This is because if the violation has not yet begun,no personal legitimate interests have been violated,If the actual results have already occurred,it is meaningless to defend.Therefore,we can see that the start time of illegal invasion is the start time of legitimate defense,the end time of illegal invasion is the end time of legitimate defense.As for how to define the start time oflegitimate defense,there are currently four different theories in China's criminal law field.On the basis of comparison and analysis of the advantages and disadvantages of the above theories,the author draws the essence and puts forward the views of this article,that is Final stage of preparatory action.The advantage of this theory is to consider the start time of legitimate defense from the perspective of whether it can achieve effective defense.On the one hand,it can protect the legal benefits of defenders on the one hand,and on the other hand,it can also take into account the lawful violations of human law.Rights and interests,but also has the possibility of expectation,in line with the concept of justice of the public.Regarding the end time of legitimate defense,there are three main theories in our nation.The author's more agreeable view is the theory of Eliminate danger,but the theory still has some minor deficiencies that can be improved.Therefore,on the basis of the theory of Eliminate danger,this article forms the Double subjectivism theory of eliminating danger by adding its flaws.And finally use this theory to address the controversial issues in recent hot cases,to prove the rationality of this article's views.