On Illegal Infringement In Legitimate Defense

Justifiable-defense is an important system in China's criminal law,but it was once considered to be a "zombie clause" in the application of justice,according to China's criminal law,the origin of justifiable-defense is "ongoing unlawful infringement".The law has not specified the origin in more detail,the academic circle has not reached a consensus on some issues of the debate,the academic circle almost believes that unlawful infringement can only be defended with urgency,but the understanding of urgency has not formed a consensus.In the process of judicial application,we also can't grasp the "ongoing unlawful infringement " well,which leads directly to the "class case non-class judgment",also leads to a big difference between the first instance and the second instance of the same case,seriously affecting the credibility of the judiciary.This paper holds that urgency and "ongoing" have the same meaning,when determining continuous-infringement,urgency is not just life-threatening,the risk judgment of such infringement should be evaluated as a whole,and the strength of it should be evaluated by the theory of "cumulative rise".