The Limits Of Justifiable Defence

Justifiable defense is an important right that the criminal law gives citizen, but the exercise of justifiable defense must conform to the limits of justifiable defense,or would offend the law and be punished.However, in the judicial practice, there are a great differences in understanding the connotation of the justifiable defense limit,some judges in order to hand easily,they just according to some objective criteria,such as behavior limit and limit of result to find the limits of justifiable defence,which leads to a lot of self-defense cases did not get the right decision, and seriously harm the legitimate rights and impartiality of the judiciary.In this paper we think justifiable defense contains the limit of behavior and result,which are in the equally important position, when finding the limits of justifiable defence they all should be considered,lack of any one can not be identified as a defense. In addition, same special factors especially the urgency of the illegal infringement,surroundingscan and the understanding of the defense against the unlawful infringement and its severity also influence the limits of justifiable defence,so we should stand in the position of the defense and combine the specific circumstances of the case occurred to identify the limits of defense.