Abstract:

The interpretation of justifiable defense is deemed as major theoretical defect of traditional crime constitution system by some re-constructionists of China’s crime constitution system,and also considered as the solid position to criticize the traditional crime constitution system.In the research of mechanism for exoneration of justifiable defense,the existing subjective theory,substantial theory and justifiable cause theory are either too one-sided or lack scientific logic.Analyzing the essence of justifiable defense under the perspective of the crime constitution system of four elements,it is found that the justifiable defense does not conform to any aspect of crime constitution.In the theoretical framework of four elements,it is unnecessary to resolve the exoneration predicament of justifiable defense outside the crime constitution.

Key words: justifiable defense, subjective theory, objective theory, justifiable cause theory, exoneration