Study On The Time And Limit Conditions Of Justifiable Defense Under The "Possibility Of Re-infringement"

Justifiable defence is the law to give citizens a right of fighting against illegal ACTS,and reveal the method cannot give in to illegal value orientation,in recent years,with the accelerating the process of our country under the rule of law and the rule of law society is advancing,people’s legal consciousness and self protection consciousness is also increasing,justifiable defense system gradually to the attention of the public.In addition,in recent years,there have been a number of criminal cases of justifiable defense,such as the "Counter-killing case of Hebei Laiyuan","Murder case of Yu Haiming who grabbed a knife",and "Intentional injury case of Yu Huan",all of which have a common feature: The defender carries out justifiable defense on the premise that the infringer has committed the infringement and has the possibility of committing the infringement again.Whether it meets the time limit stipulated by the justifiable defense system and whether its limit is excessive has aroused widespread attention and discussion from all walks of life.It also highlighted that the relevant definition standards of justifiable defense,such as time conditions and limit conditions,are relatively general in China’s criminal law,which is difficult to guide specific and complex cases,resulting in unclear judgments in practice and different judgments in the same type of cases.On this basis,the Supreme People’s Court and the Supreme People’s Procuratorate issued a number of guiding cases,and the relevant judicial documents,in September 2020,issued on the "instructional advice on the system of justifiable defense in accordance with the law,on time,limit of justifiable defense issues related to the judicial judgment provides a relatively clear definition standard,and lists the seven typical cases involved justifiable defense.Therefore,based on the relevant contents of the Guiding Opinions and typical cases involving justifiable defense,combined with relevant theories and judicial practice,this paper studies the possibility of re-infringement in typical cases and the time conditions and limit conditions of justifiable defense under the possibility of re-infringement.First through to the hebei Lai source the focus analysis leads to the murder of justifiable defense again against the possibility exists,then through illegal violation of the concept,characteristics and scope of the study summed up the possibility of justifiable defense again the infringement judgment standard,then the "hebei Lai source against murder" and "spin some intentional homicide" in comparing the violation possibility again,It is concluded that Wang Lei has the possibility to infringe again in the "counter-killing case of Laiyuan in Hebei province",and Yang does not have the possibility to infringe again in the "Intentional killing case of Xuan".Second,through to the end of justifiable defense time theory evaluation,this paper advocates the violations of the possibility of justifiable defense again end time standards for Ephraim said profit violation the threat,on the basis of fully considering the infringer damage ability again and again the infringement intentions,combined with people’s subjective psychological defense to make judgments,Thus,it is concluded that the defense time is appropriate in the case of "counterkilling case of Laiyuan in Hebei province" and "killing case of Snatching knives from Yu Haiming".Finally,by the theory of the limit of justifiable defense evaluation,this paper advocates again violation possibility,shall coordinate the excessive behavior and the results of the said,on the basis of both sides behavior nature,means,intensity,the results are basically adapted to limit,to stop the necessary means for the lower limit of a violation,the overall risk assessment case,Through the dynamic investigation of the result of major damage,it is concluded that the behavior of the defenders in the case of laiyuan counter-killing in Hebei province and Zhao Yu justifiable defense did not exceed the necessary limit.It is hoped that through the combination of theoretical foundation and case analysis,the relevant theories of justifiable defense can be perfected so as to better guide judicial practice.