Research On Justifiable Defense Necessary Limits

Justifiable defense is an important rule of our country's criminal law. In recent years, several justifiable defense cases have happened in our country, which arouses the society's concerns and exposes people's different ideas about the realization. Among the problems, the understanding of the essential limitation of justifiable defense is the main one which influences judicial circle and theory field. The thesis deals with some concrete cases on the basis of the rule's value and the law's aim to explain what necessary limitation of justifiable defense means, what the basic judge method is. Also it approaches these problems how to know excess defense and how to know the limitation of special defense. The article is comprised of four parts.The first part will bring forward a question. In this Part, the article simply analyzes the murder case happened in HuBei in 2009, especially analyzes the focus of the case. By these analyses,it brings a afterthought on how to grasp the subjective element of limits of defense.The second part will discuss the concept, characters and the criminal structure of excessive defense. The object of excessive defense is the specific object of a crime, that is the personal and property right, specially the personal right of the illegal injuring part. The objective aspects of excessive defense are that the action of defense exceeds obvious necessary limitation and cause great damage.The third part mainly give and introduction and general discussion on the necessary limit of legal defense, and further explores the judging standards of the limit of legal defense.The fourth part discuss the special legal defense on the title identification and necessary limitation.At last conclusions combining with the case, the article makes some suggestion on the future judicature work.