On Special Defense Right And Its Limits

In modern legal system society, the justifiable defense power is an importantright which the country entrusts the citizens through the law. In order to encourages the citizen to struggle well with the illegal criminality, also in order to meet the reality social need, our country regulations special defense system in criminal law in 1997.While implementation, this system has brought quite great dispute both in the theory and the judicial practice. But what we should ensure both in the theory and in the practice is that the justifiable defense is one kind of effective supplement to the national penalty power which is especially going against under the situation and the condition, it does not equate to the illegal punishment, its obtains must have the law to be clear about the authorization, its implementation must for the social basic interest need, for the social majority citizen's legitimate rights and interests be effectively, promptly protected. The defense power implementation must certainly have restrictive. Correctly understood and grasps the defense power the connotation and the extension is not only necessary in the theory, moreover urgent in the practice. The special defense power is necessary in the present stage of law establishment, but is not absolute; the defense power has the limit in any society, it is impossible for any defense power without limit to find its own existence on the theory basis, the value basis and the legal basis.This article is mainly composed by three parts. The first part carries on the outline to our country's existing special defense system, and pointed out its existing problems; the second part is the analysis on the limit theory on the defends power, while using the legitimate profit consideration theory, pointed out the limit at the special defense power; the third part pointed out the basic request of defense power limit in our country judicature.