Research On Several Issues Of Justifiable Defense

Justifiable defense is a fundamental right of citizen according to the law. It's a primary behavior which exclude social harmfulness in our country's criminal law. But, there are disputing and disagreements in the theory of criminal law and juridical practice about the questions of justifiable defense's concept, origin, justification, precondition and subjective condition. This article tries to solve some difficult questions in the theory of criminal law and juridical practice through research on these basic questions.The first section is the research on justifiable defense's concept. Concept is the foundation and prerequisite to research. There are different opinions about the definition of justifiable defense in our country's criminal academic circle. The arguments concentrate on two aspects primarily, one is whether the defense's limit should be included in the concept of justifiable defense or not, the other is whether justifiable defense must do harm to the people who infringe the law or not. About the first question, someone oppose nominally and consider that the defense's limit should not appear in the literal statement of the concept of justifiable defense, others oppose substantively and consider that the defense's limit is not the element of justifiable defense and excessive defense should be bring into category of justifiable defense. In my opinion, the former standpoint apprehends the legal rules of justifiable defense solely and not associate with the legal rules of excessive defense. The latter standpoint is wrong absolutely, it neglects the essential difference between these two concepts, and it is reasonless in theory and harmful to juridical practice. About the second question, the general standpoint is that harm is the essential content of justifiable defense, there is no harm, and there is no justifiable defense. There are also some people consider that justifiable defense can do harm to the people who infringe the law, or did not result in any harm and bring him under, harm is not the essential content of justifiable defense. I agree with the latter standpoint, and I think the former standpoint...