The Study Of Justifiable Defense Under The Situation Of Persistent Infringement

Persistent infringement refers to the form in which the dangerous state lasts for a long time.It is a special and extremely illegal state that is easily overlooked by the academic community.It is an important issue that must be paid attention to in the criminal justice field.The current criminal law the objective tendency of strong,objective behavior and ignore the importance of the study of human behavior,a prerequisite for self-defense,the conditions and time limits conditions are more specifically identified fixed on defense consciousness finds abandoned,coupled with the trier of law Article Mechanical interpretations,which lead to constant defense,often fail to establish.Instead,it is determined by intentional crimes with defensive factors.Serious crimes are judged lightly in order to maximize the reasonable distribution of social justice.Based on a review of the legitimate issues in the theory of extraterritorial criminal law,this article argues that the justification basis for justifiable defense should be personal assurance and confirmation of the law,and that legitimate defense should stand in the standpoint of non-valued dualism of behavior and take behavior as the core,and Pay attention to the infringement of law and interests,and conduct the judgment of the average person from the perspective of the actor.Specific to the continuous infringement state,the premise of justifiable defense is based on the reasonable belief of the actor,and the time of initiation of the illicit violation should be specific to the case for judgment,and cannot be standardized;the end of illicit infringement is the exclusion of the dangerous state;the defense awareness is justified when the defense is established.The elements that must be examined;defense limits must be examined in terms of both the limits of behavior and the limits of results.In the structure of the article:The first part takes the YuHuan intentional injury case as an entry point and puts forward the problems to be solved in this article.The second part mainly introduces the concept of continuous infringement and the theoretical basis for justifiable defense.The third part mainly analyzes the problems and causes of the justification of defense in the state of persistent infringement.The fourth part is the repositioning of the justification for justifiable defense.Criticism of the objectivist criminal law and the results of the non-value theory,that it can not correctly reflect the legitimate defense under continuous violation.The reaffirmation of the act of non-value dualism and the preservation of individuals and the corroboration principle of the law are the basis for justifiable defense.The fifth part is the core of this article.On the basis of the foregoing,from the standpoint of non-valued dualism of behavior,specific recognition criteria for the establishment of elements for legitimate defense under continuous infringement are specified.Amendments have been made to the general elements of legitimate defense establishment,and the preconditions of defense for justifiable defenses under continuous infringement,the starting time and ending time of continuous infringement,defense awareness,and defense limits have been reconfirmed.