Study On The Determination Of Justifiable Defense

China’s current "criminal law" article twentieth a total of3, including first paragraphis about the justifiable defense, paragraph third of the content is the right of specialdefense added. Since the new criminal law promulgated and implemented, China’scriminal law theory circle and judicial practice circle revolved around first and thirdparagraphs of this content is discussed and analyzed deeply, especially for newlyadded special defense prerequisite conditions and time conditions of justifiabledefense and limit condition, is the focus of debate. However, these problems have notyet formed, often caused by differences in judicial practice. There are lots of casesabout justifiable defense in judicial practice is controversial, this not only caused inthe judicial practice, the phenomenon of different codefendant, but also not conduciveto safeguard the authority of law, but also hindered the process of rule of law.Therefore, has the important theory significance and the practical significance ofresearch on justifiable defense problem.The three issue of justifiable defense judicial process larger were discussed by threecases of typical. First of all, is a prerequisite for the special defense. The authorthrough the concrete case, the biggest differences "attack" and "other serious endangerthe personal safety of violent crime" were academic analysis. On this basis, thesettlement of the disputed issue in the case. Among them, the author believes that, inthe criminal law "or" standard should be, seriously endanger human life and healthand safety, and is implemented in the form to the criminal acts of violence, whetherthe actor is in use when the murder weapon. Then, this paper, starting from a case, thetheories are drawn from the start, the focus from the end time of self-defense, theanalysis of the case. By comparing the view of the academic analysis, the authorthinks, should will "elimination of hazards" as the confirmation of self-defense endtime standard. Finally, the author is starting from a real case, theoretical analysis ofour theory about the defense limit theory, qualitative and on this basis to cases inwhich the act.