| Self-defense has always been a frequent topic of discussion in criminal law,and there is a lot of concern about how to justify the act of defense.there are also many theories in the academic community.The dualism consists of the principle of personal protection and the principle of legal corroboration,but it should be rejected because of its internal contradiction and the fact that the principle of legal corroboration does not have independent value,etc.The principle of superior interest protection based on the measure of interest does not sufficiently clarify how the interest of the defender are qualitatively superior,nor does it justify the defensive behavior against life.The loss of legal interest theory supported by some scholars cannot fully realize the justification of self-defense.but it also has significant implications.Recently,some scholars have also proposed the suspension of legal interest and the two-dimensional unification theory,but they are slightly inadequate.In view of the inadequacy of the established doctrine in justifying self-defense.a new theory is urgently needed to accomplish this task,and the new-dualism of legal interest protection and partial legal interest suspension is worth being advocated.The new-dualism is based on the principle of protection of legal interest and the principle of partial suspension of legal interest as the limiting principle.Protecting legal interest is the fundamental goal of legitimate defense,and the first requirement of any defense measure is to help protect the legal interest in danger.In addition.because the aggressor,by his own choice.violates the social contract and legal obligations,puts the victim in a dangerous situation.and also puts himself in a great possibility of being resisted,so that part of his legal interest is excluded from the protection of the law,part of the legal interest get in a "vacuum" state.the damage to this "legal interest vacuum" must not exist legal interest infringement.The new-dualism as the base of justification of self-defense has its own inevitability and naturalness,through the suspension of legal interest can also sufficiently explain the root of self-defense to deter illegality,and the above problems can be reasonably resolved.The new-dualism can also rationalize the controversial issues such as the time of defense,the limit of defense,the defense of an incapable person and the defense of life that exist in theory and practice.It can also achieve a clear theoretical distinction between it and the emergency right such as emergency avoidance. |
