Research On Justifiable Defense Necessary Limits And Related Issues

Justifiable defense originates from Constitutions. Penal Code rules that one can take some forms to keep national, public or personal benefits from being violated illegally in China. Justifiable defense must be exercised on some conditions, even need necessary limits. The necessary limits of justifiable defense are a legitimate maintain under the Penal Code which the harm of defense must be complied in order to keep the defense legal.This article is composed of the introduction, the first, second, third, fourth and the conclusion. The basic theory and the rules out of our country are explored, and the finds of the justifiable defense limits in judicial practice are explored in the first two chapters of the body.Preamble outlines the main elements of the article, research themes and research purposes.Chapter I analyzes the concept and the characteristics of the justifiable defense necessary limits. The concept of it is a legitimate maintain under the Penal Code which the harm of defense must be complied in order to keep the defense legal. Its characteristics are including objectivity, relativism, ambiguity and uniformity of the quality and quantity.Chapter II firstly expounds the reasons which the justifiable defense must be limited from the essence of the defense right, the right of criminal penalty, the human protection mechanism of criminal law and the balance of the three values of justice, order and freedom. Secondly, the rules and the theories of justifiable defense...