The Identify Of Excessive Defense

Excessive Defense is an important issue of self-defense system is also closely related with the establishment of conditions of self-defense problem and it is related to defensive behavior whether it is a legitimate self-defense or an offense endangering social behavior. Moreover, the defense of cases encountered in the judicial practice, the vast majority are also demanding to determine that it is self-defense or excessive defense. Thus, the correct solution about excessive defense will be conducive to determine whether it is a criminal or un-criminal, crack down on criminals, protect the legitimate rights and interests of the public interest and citizens, to maintain and consolidate the socialist legal system. Self-defense is an important system in the criminal law.However, excessive defense in the judicial practice appears a lot of controversy. Although there is a few self-defense cases, but every one of self-defense cases are controversial, not only the prosecutors, judges in identification of excessive defense will meet problems. They often have very different views on the relationship and understanding of the "obvious" meaning of "significantly exceeds the necessary limits" and "to cause significant harm". Some cases of self-defense, after the first instance, second instance, and even of Final Appeal, and ultimately there are differences or opinions.The criminal law is a protection laws of interest, it protects human rights. And encourage citizens to fight back the wrongful acts, how to identify the scope of its right to defense and defense limits to protect the legitimate rights and interests of citizens is an important problem, But how to identify their defensive behavior has been to protect the legitimate rights and interests require even more kindness and generosity and justice dictation. It is from this basis points to study the argument about identifying excessive defense. This article will analyze in depth the basic facts of the case, combined with the case from the incident to the trial process has brought us inspiration and experience, analysis shows that the focus of controversy in this case from the legal point of view to analyze the nature of excessive defense, scope and characteristics and criminal liability of excessive defense, to reshape the conditions of self-defense limits, and argues that to look forward to the introduction of the possibility, with emphasis on how to identify the boundaries of self-defense and excessive defense and it is subjective sin.