Justifiable defense is an important legal concept that allows individuals to take necessary defensive measures to protect themselves or others in the event of an unlawful offense. This article will discuss the legal basis, constituent elements and application of justifiable defense in practice.
1. The legal basis of justifiable defense.
The jurisprudential basis of justifiable defence can be traced back to the natural law and the notion of natural human rights. According to the laws of nature, every human being has an instinct to protect their own life, property, and dignity and that of others. The concept of natural human rights, on the other hand, holds that everyone has some basic rights, including the right to self-defence. Therefore, individuals have the right to take the necessary defensive measures in the event of an unlawful attack.
II. Constitutive Elements of Justifiable Defence.
1.Existence of wrongful offense: Justifiable defence must be directed against an ongoing wrongful offense. The term "wrongful offense" here includes criminal acts and illegal acts, but does not include lawful law enforcement actions.
2.The necessity of defence: The act of defence must be necessary, i.e. it must not exceed the necessary limit. If the wrongful encroachment could have been avoided by other means, it should not have been taken in defence.
3.Timeliness of defence: The act of defence must be taken while the wrongful encroachment is in progress. If the unlawful encroachment has ended, it can no longer be defended.
4.Reasonableness of defence: The act of defence must be reasonable, i.e., not exceed the necessary limit. Excessive defence may be constituted if the damage caused by the act of defence clearly exceeds the damage that may be caused by the unlawful offense.
3. The application of justifiable defense in practice.
In practice, justifiable defense often involves some complex situations, such as the limits of defense, the timing of defense, and so on. When determining whether justifiable defense is constituted, it is necessary to comprehensively consider the specific circumstances of the case, including factors such as the nature and intensity of the unlawful offense, the manner and consequences of the defensive act, and so on.
In order to properly apply the justifiable defence regime, a number of basic principles need to be followed. First of all, we should persist in taking the facts as the basis and the law as the criterion, and judge the case objectively and fairly. Second, full consideration should be given to the defender's situation and psychological state, and the defender's conduct in an emergency should not be excessively demanding. Finally, attention should be paid to distinguishing between legitimate self-defense and excessive self-defense, and criminal liability should be pursued in accordance with the law for defensive acts that clearly exceed the necessary limits.
In short, justifiable defense is an important legal system, which embodies the protection of citizens' right to self-defense. In practice, the system of legitimate defense should be correctly understood and applied, so as to protect the legitimate rights and interests of citizens and to safeguard public order and security in society.