防卫时间条件之理性审视——兼谈对正当防卫本质的理解

The Rational Inspection of the Time Condition of Defense —— On the Understanding of the Essence of Defense

防卫权行使的时间条件是不法侵害已经发生而尚未结束。然而如何确定不法侵害的开始和结束时刻,理论界对此莫衷一是。对正当防卫本质的理解,有利于深刻地把握不法侵害的内涵,从而科学地确定其发生和结束的时间界限。

The time condition of defense is that the illegal invasion has started but not ended. But how to define the starting and ending of the illegal invasion? There are arguments in the theory field. The understanding of the essence of justifiable defense is beneficial to grasping the essence of the illegal invasion deeply, so as to define its starting and ending accurately.