Research Of The Limit Of Justifiable Defense, Triggered By The Case Of Yuhuan

China's criminal law gives citizens the right to stop illegal encroachment,but justifiable defense should be confined within the scope of the law,or it may constitute the criminal offence.In the judicial practice in our country,understanding of the connotation of the justifiable defense programs often generates certain errors,some judges determine defense limits only based on defense results,which leads to some justifiable defense cases that fails to get the right umpires.The limits of justifiable defense should be related to the limits of the defense behavior,but also related to the results,and these two parts should be in the same status.In the judicial practice,some special conditions,especially the urgency of the violation,the environment and illegal violation etc.,will also affect the defense limit.In the process of determining the defense limit,it is necessary to combine the specific defense situation to determine whether it belongs to the unjustifiable self-defense.In this article,the author firstly analyzes the case of Yuhuan that has recently caused the national people to think,and briefly analyzes the controversial focus of the case and the result of the court decision of the second instance.Then from the theory of justifiable defense limits in China,the author studies the meaning of justifiable defense limits and the legal basis.Then study the present stage of the law of justifiable defense in our country,and unscramble the causes of the problem.Analyze the causes of the problems at the same time by using the related provisions of the civil law countries and common law countries for reference,propose the experiences that we can draw lessons from.At the end,propose the suggestion of the limit of justifiable defense in China.