On The Time Elements Of Justifiable Defense

Just as defense is the right enjoyed by our citizens in accordance with the law,citizens can legally take certain measures to stop illegal infringement when they fail to protect their legitimate rights and interests in time.The exercise of legitimate defense not only enables citizens' legitimate rights and interests to be protected in a timely and effective manner,but also enables citizens to legally integrate themselves into the fight against illegal criminal activities and safeguard the authority and dignity of the socialist legal system.However,if the legitimate defense system is not strictly restricted,it is easy to cause abuse of rights,and it will be used by criminals to put a "legitimate" coat on the legitimate rights and interests of others.Article 20 of China's Criminal Law stipulates in the simple language the time when legitimate defense is established,that is,the exercise of legitimate defense can only be carried out under the circumstances of illegal infringement.What is the ongoing illegal violation? What is the time when the illegal infringement is started?What is the end time of illegal infringement? What is the standard and theoretical basis for the recognition? In theory,this issue is benevolent and benevolent,and the wise see wisdom.Although there is no lack of insight,it still makes people feel at a loss.Various cases have emerged in the judicial practice,and the theory is in the context of different disputes.In the case of similar cases,different judges often make different judgments.The disputes in the theory of criminal law and the differences in the understanding of the judicial practice have largely affected the exercise of the right to legitimate defense of citizens.The legitimate effect of the legitimate defense of the legislators is “difficult to manifest”.Therefore,it is a task of criminal law theory researchers to put forward clear and clear opinions in a large number of legitimate defense theories,so that citizens can recognize and accept the criteria for judging,and understand and grasp the time conditions of legitimate defense.This paper analyzes the time requirements of legitimate defense from the following four parts.Introduction section.This paper mainly introduces the background of the topic,the significance of the research,the literature review and the research method.It intends to introduce the arguments and arguments of the article,and introduces theurgency of legal interest as the core judgment standard of "defensive time".The first chapter is the theoretical theory of the legitimate defense time limit.Through a brief introduction and analysis of the views of scholars at home and abroad.The Anglo-American legal system mainly insists on the subjective position of the defense time,while the civil law system mainly insists on the objective position.Judging from the end of the "on-going" defense time,the domestic doctrines mainly include: behavioral stop,departure from the scene,and exclusion of danger.The author believes that the urgency of danger is the core of judging the time of defense,that is,“in progress”.It should be based on this and supplemented by certain criteria to define the defense time.The third chapter is the predicament of the legitimate defense time in judicial practice.The "Huang Zhongquan case" and the "Kunshan Longge case" have triggered extensive discussion in the society.How to determine the defense time? The time element of legitimate defense is one of the important components of the establishment of legitimate defense,which directly determines whether legitimate defense can be established.Therefore,the legitimate defense time requirements need to be further clarified to prevent the public from misunderstanding,so as to better improve the legitimate defense system.The third chapter is the construction of the defense time identification path.Although China advocates specific case analysis when solving legitimate defense cases,the author believes that this should be a concrete analysis when solving the complicated and special case,but in the majority of cases If there is a systematic judgment,it is determined that the illegal infringement is going on,otherwise it is easy to produce a different judgment in the same case.The author believes that it should be based on the urgency of the legal interest,and then assist in the infringement of the person's personal danger,whether it has the persistence of the violation,whether the infringer actually leaves the scene to jointly determine the defense time.The fourth chapter discusses the problem of defense discomfort.In the criminal law theory,there is a fundamental difference between the defense discomfort and the defense time.However,there is a certain connection between the two in judicial practice.Defending discomfort is not in defense time.Exploring this issue will be more helpful in analyzing and understanding the time elements of legitimate defense.