A Study On Difficult Problems In Valid Elements Of Justifiable Defense

Justifiable defense is an extremely important rule in our country's criminal law, which has a unique position in criminal theory and it is also a point at issue in legal practice. Valid elements of Justifiable defense is the core of Justifiable defense system, including foundation conditions, time conditions, limit conditions, subjective conditions and objective conditions. Since publication and administration of the new criminal law, the criminal law circle draws a series of discussion around the Justifiable defense especially on the time conditions and limit conditions. However, these issues have yet to form a final conclusion up to now, and often caused by different ideals in legal practice. In the legal practice, there are lots of cases about justifiable defense in dispute, which are not only caused by different judgment on the same case, but go against the maintaining of authority of law, and then impeding the rule of law. Therefore, studying the issues of justifiable defense has a great significance on theory and practice. This paper will be focus on analyzing the case from time conditions and limit conditions basing on the theoretical controversy leading by case of Rong. The thesis is made of six major parts, about 18,000 words. Be respectively:PartⅠ:Brief. Rong's case about justifiable defensePartⅡ:Case. This part mainly introduces the occurrence of case, development of case and result of case.PartⅢ:The focal points of case. This part will give a brief introduction about three issues: First, it is the issue about understanding on time conditions of Justifiable defense. Second, it is the issue about understanding on limit conditions. Third, it is the issue about understanding on special defense.PartⅣ:Dispute and divergent ideas. There are three different ideas about dealing with the case:The first opinion is that although the nature of Rong's behavior belongs to act of defense and it obviously exceed essential limit, So Rong's behavior belongs to excessive defense and she should assume crime responsibility; however, she shall be given a mitigated punishment or be exempted from punishment. The second opinion is that Rong's behavior is special defense,she shall not assume crime responsibility. The third opinion is that the nature of Rong's behavior doesn't belong to act of defense,but the crime of intentional homicide.PartⅤ:Legal principle is analyzed. This part is the key part of thesis. Firstly this thesis will analyze that whether behavior of defendant is consistent with the time conditions of justifiable defense. Secondly through the extensive interpretation to the time conditions of justifiable defense, author proves that behavior of defendant doesn't exceed the time of justifiable defense yet. Thirdly, author will analyze that whether behavior of defendant exceeds essential limit on the basis of limit conditions of justifiable defense. It comes to a conclusion that behavior of defendant have exceeded essential limit. Finally, author analyzes that whether behavior of defendant is special defense according to valid elements of special defense. There is also coming to a conclusion that behavior of defendant is not special defense.PartⅥ: Conclusion. Through the argument of several parts above, it has been proved that actually Rong's behavior belongs to act of defense rather than intentional homicide; however, her behavior is not special defense and also exceeds essential limit of defense. Therefore, Rong's behavior belongs to excessive defense. She should assume crime responsibility but she should be given a mitigated punishment or be exempted from punishment.