Defense Intention Of Justifiable Defense

As the twentieth article of criminal law stipulates: "in order to make the country, the public interest, oneself or others property and other rights against the ongoing unlawful infringement, to stop the illegal violation behavior, bring damage to the unlawful infringer, belong to the justifiable defense, the actor should not be punished by criminal law." What we called justifiable defense is the behavior that citizens fight back against from others illegal violation. Because justifiable defense is protected by law, the people who takes defensive acts should have a certain subjective condition, which is also named defense intention.The article can be divided into three parts: the first part discusses the root of defense intentions to prove the necessary of the defense intention by exploring the original and essential of justifiable defense. The second part details the composition of the defense intention, descriptive the defense intention consists of defense awareness and defense consciousness. In this part, the author analyses and elaborate of the cause, object and time limit of defense awareness, In addition, the author explains and interprets the existence of defense consciousness and the connotation of the defensive motivation and defense purpose. On the basis of the above, the author puts forward a objective method to judge whether defense consciousness exists. In the third part, the author analyzes the behavior which is lack of defense intention. In the author’s opinion, that behavior is illegal because of the lack of defense intention. And defense intention is an important standard that tells the difference between instigating defense and fighting each other from justifiable defense.The innovation of the article is to put much emphasis on the content of defense intention. Among the factors discussed in the cause of defense, the author shows that the actor can only defend the legal right. When it come to defense intention, the author is on the positive attitude of the view that the defense motivation needs to exist but only in summary form. On that basis, the author has put forward the objective judgment standard of whether there is any defense purpose. Furthermore, the author illustrates why the act of haphazard defense is illegal, and points out the existence of defense during instigating defense and fighting each other.The article analysis the subjective elements of justifiable defense which is defense intention, the study based on the objective truth and avoid subjective imputation, reducing the excessive behavior evaluation point of view. The article research is for solving the problems of the considered justifiable defense in practice, and reducing the possibility of placing the justifiable defense as intentional crime. Only in this way, the defense actor and the legal rights are protected will be complete.