On Defense Intention

The system of justifiable defense is an important right of citizens to defend themselves,and the defense intention is the core factor of determining the legitimacy of defense.Through the combing of the cases on the subjective requirements of justifiable defense in judicial practice,it can be seen that there is a strict tendency in the identification of defense intention in China,and the logic has unreasonable points in the identification,which leads to the difficulty in the identification of the actor’s defense intention in judicial practice.Theoretically,the defense intention is composed of the defense understanding and the defense will.In the theoretical contention of defense intention,the understanding of defense has the deficiency of making the justifiable defense lose its institutional purpose,so the purpose of defense is generally more reasonable.The reason why it is called"generally" is that the active defense purpose adopted by the practical circle is too high on the subjective will of the defender,which is easy to limit the justifiable defense in the practical identification.Therefore,in order to correct the applicable deviation of the defense purpose and awaken the system of justifiable defense,the defense understanding and the defense will should be reconstructed.Based on the irrationality of incorporating defense understanding based on urgency and limit requirements,defense understanding should be limited to the understanding of defense premise,defense time and defense object.In terms of defense will,due to the difference between purpose and motive,the purpose and motive should be separated,revenge and protection of legitimate rights and interests should be incorporated into the motive,and the illegal infringement caused under the dominant motive of protecting legitimate rights and interests should be taken as the purpose.Therefore,a defense purpose that is more consistent with the purpose of criminal law should be defined as:the actor realizes that the illegal infringement is going way and subjectively has the purpose of stopping the illegal infringement.Finally,take the approach from behavior to result,and analyze the typed application of defense intention from the perspective of the actor’s behavior,so as to strengthen the rationality of the subjective element of defense intention and the operability of the theory of defense intention.