Research On The End Time Of Illegal Infringement In Justifiable Defense Cases

Just as one of the reasons for the illegal defense of criminal law,it is highly concerned by the society.The legitimate defense time condition is one of the conditions for determining the establishment of a legitimate defense.The legal requirement for a legitimate defense time condition is “unlawful infringement is going on”.In addition,other laws or judicial interpretations do not have specific provisions regarding the application of time conditions.The above provisions seem to be specific,but it is difficult to grasp in practice.The law does not make clear provisions on the time limit for illegal infringement.How to judge the end of the harmful behavior,the legal provisions are not clear,the theoretical community does not have a unified standard.In the academic world,many scholars have joined the research team at the end of the legitimate defense.Scholars have put forward various theories about the end of legitimate defense,and there are behaviors to stop talking,to eliminate danger,to leave the scene,to say comprehensively,and so on.Because the criteria for judging the end of defense are not uniform,there are similar cases in practice but there are differences in the judgment results.Such judgments are easy to cause controversy in society.The cases related to legitimate defense in these years have frequently caused heated debates.The judgment on the end of the defense time is one of the focuses of the public discussion.However,there is still no unified and widely accepted standard.In the existing doctrine,scholars interpret the end of legitimate defense and try to solve the complex cases encountered in practice.By analyzing the existing doctrines,it can be found that existing doctrines have problems that cannot be solved in practical applications.Therefore,we can find that the urgent need to study the social development of legitimate defense theory,the judgment standard of the right point of defense defense is an urgent problem to be solved.Its solution helps citizens to grasp the timing of legitimate defense,and also helps judges to unify the nature of the case.This paper analyzes the cases with great controversy,and then leads to the problems in judging the end of legitimate defense.At the same time,it sorts out and analyzes the problem of the end time of legitimate defense.By analyzing the problems and summing up the opinions,it puts forward suggestions on judging the timing of the end of legitimate defense.The definition of the proposal,its application,and the problems that arise during the application process are analyzed.At the same time,the rationality and priority of the theory are demonstrated,and the theoretical knowledge of legitimate defense is enriched,so that the people can more easily grasp the judgment standard of the end point of legitimate defense in practice.The law comes from living and serving life.The formulation of the law is to serve the life.Otherwise,it is like a piece of paper.The people cannot make a correct understanding of the legal provisions.In practice,it is difficult to accurately use the law to protect their legitimate rights and interests.This article mainly consists of five parts.The first is the introduction,which mainly includes questions,research purposes and significance,research status and level,research content and methods,and expected goals.The main content of the first chapter is the analysis of two hotspot cases,which leads to the main problem of this paper,that is,the disputes in the determination of the end point of legitimate defense.The second chapter is the combination of case analysis of the advantages and disadvantages of the defense end time theory.The third chapter discusses the problems in the practice of judging the end of legitimate defense.The fourth chapter puts forward the criteria for determining the end time of legitimate defense,and analyzes the theory to demonstrate its rationality.