来源:  发布时间:2018-04-04


  Justifiable defense is a necessary condition for an actor to realize himself. Such a situation means that we can't justifiable defense against those who do not commit illegal injuries. The purpose of justifiable defense is to eliminate illegal injuries, so it can only be used to do harm to the injured party and do not harm the legitimate rights and interests of others. The injury behaviors of people and mental patients who have not reached the age of legal liability can not be justified. If the situation is urgent, it can be used urgently.


  The conditions of justifiable defense include two aspects of illegal injury and defense. It is necessary to have real and lawful injury and legitimate defense capability. The so-called "illegal harmful behavior" refers to the behavior of endangering the society objectively. That is to say, this behavior that endangers society is not a one-sided illusion and estimate, but an objective existence.


  People who need to protect illegal acts of harm. This situation illustrates the opportunity for justifiable defense. Illegal injury is in progress, which means that illegal injury has occurred and has not yet been completed. At this point, illegal injury occurs at the execution stage. For example, the killer is cutting the knife to the victim. The thief is breaking the lock. Illegal behavior has not yet occurred and may have been completed, not because of the illegal act being implemented. Under such circumstances, such action is not caused by justifiable defense.


  Justifiable defense should not exceed the necessary limit and constitute undue damage. The necessary limit of justifiable defense is the necessary limit to prevent illegal damage. It is necessary to distinguish the necessary limits of justifiable defense, see whether defensive acts can help prevent illegal injuries, and compare the relationship between comparative defensive behavior and harm.


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