Reconstruction Of Illegal Termination Time In Self-defense

As an important legal system in the criminal law of our country,the purpose of selfdefense is to exclude and stop illegal infringement,especially in the absence of public power protection,to replace public relief to protect the legitimate rights and interests of public property and citizens’ personal property.However,it is a long-standing problem in China’s judicial practice that the determination of self-defense is difficult.At present,the academic research on the theory of self-defense mainly focuses on the limit of self-defense and the subjective conditions of the defenders,while the research on the time of self-defense is relatively small.The domestic legislation and relevant judicial interpretation have not yet made a clear refinement of this,and when the defenders take the act of self-defense can constitute self-defense,which is also an important issue to be solved by the theory of selfdefense Question.With the contradiction caused by the termination time condition in judicial practice becoming more and more prominent,the theorists put forward the corresponding views,but in practice,it lacks the relative operability,and the requirements for the termination time condition of defense are too strict,which makes many acts difficult to be recognized as self-defense acts,which undoubtedly deviates from the original intention of self-defense legislation and violates the self-defense system of legislators Original intention.In view of the problem that when a defender takes defensive action can constitute selfdefense,this paper will start with the analysis of the termination time of self-defense time conditions,clarify the basic concept of the termination time of illegal infringement in selfdefense,based on the relevant legislation and research status at home and abroad,combined with the analysis of hot cases in judicial practice,analyze the illegal infringement in selfdefense at this stage in China The problems existing in the determination of the termination time and how to improve the construction of solutions to put forward their own corresponding views,in order to build a set of relatively reasonable standards for the determination of the termination time of illegal infringement,and provide corresponding reference for judicial practice.This article is divided into four partsThe first part: The introduction describes the theoretical background and research significance of the termination time of illegal infringement in self-defense,explores the difficulties encountered in the determination of the termination time of illegal infringement in judicial practice,and analyzes the reasons leading to the topic "the determination of the termination time of illegal infringement in self-defense".The second part: Through the two typical cases of Yu Huan’s intentional injury and Yu Haiming’s self-defense,this paper summarizes the theoretical basis of the termination time of illegal infringement in self-defense,and clarifies the definition and characteristics of the relevant concepts of the termination time.Through the legislative investigation of selfdefense in ancient and modern China and foreign countries,this paper analyzes the provisions of criminal law in previous dynasties in China,compares with the relevant laws and regulations in foreign countries,analyzes and probes into the differences and similarities from the legislative and theoretical perspectives of the countries of common law system and civil law system,makes some comments and analyses,and explores the relevant experience that can be used for reference.The third part: This paper discusses the dispute of the termination time of illegal infringement in justifiable defense.Mainly from two aspects of theoretical dispute and practical dispute,the theoretical dispute layer introduces and analyzes the different views of relevant scholars in theory,and actively brings them into practice for application test,finds out the shortcomings,puts forward their own views on this basis,and clarifies the rationality of the end time of self-defense established by the "determination of legal interest infringement".The forth part: We should further enrich and perfect the connotation of the theory of determining the infringement of legal interest,establish the legal value measurement of the termination time of the illegal infringement and the solution to the value conflict on the basis of the theory of determining the infringement of legal interest,put forward some suggestions on the principles that should be followed for the determination of the termination time of the illegal infringement and the standards that should be established for the system construction,and combine with the end time of the justifiable defense of the illegal infringement To discuss the relevant difficult cases and put forward their own views on the specific issues.In order to enhance the operability of the theory in judicial practice,we should construct the operation space of the end time of illegal infringement in self-defense.