The Typological Construction of the Urgency Judgment for Justifiable Defense in Unlawful Infringement
The judgment of the urgency of unlawful infringement is the key to the application of the le-gitimate defense system,but the Criminal Law does not clearly stipulate it.The mainstream theory on the urgency of legitimate defense in China is the ex post facto judgment theory,which imposes excessive de-mands on the defender and can no longer adapt to the new trend of judicial practice.The"reasonable con-viction of the defender"should be used as the theoretical basis to typify the judgment criteria of the urgen-cy of unlawful infringement in legitimate defense,so as to promote the real unity of legal principles and reason in Chinese legitimate defense system.
NETL
NSTL
万方数据
