| The urgency of justifiable defense is an important prerequisite to determine whether justifiable defense can be established.In recent years,there have been a series of hot cases causing public discussion,and justifiable defense has become the focus of social attention.However,it is undeniable that due to the lack of a correct understanding of the urgency,the judgment results of these justifiable defense cases are often open to discussion.Through literature analysis,empirical analysis and comparative analysis,this paper tries to find out the obvious mistakes in the judgment of the urgency of illegal infringement in China,and finally solve the problems in the judgment of urgency in the current judicial practice.The introduction part of this paper first introduces the social background and significance of writing this paper,followed by a review of domestic and foreign academic research results,and finally lists several research methods adopted in this paper.The first chapter of this paper mainly compares the domestic and foreign regulations on the urgency of justifiable defense,combs the domestic judgment standards,and points out the problems that there are many theories but not unified,and a single theory is one-sided.The second chapter,by collecting data and extract the sample analysis,summarizes the justifiable defense urgency judgment exist in the process of various types of case,put forward the scope of the infringement behavior exist in the judicial practice of our country at present not narrowed,the infringement occurred time draw is not clear,on the position of judge adhere to the "only the result of" "after the judgment" and other judicial status quo;The third chapter analyzes the theoretical basis and realistic characteristics of the urgency of justifiable defense,and analyzes the causes of the problems with the above-mentioned contents.The fourth chapter,combining with relevant judicial interpretations,puts forward the feasible methods to perfect the judgment criteria of urgency from different links. |
