Think About The Boundaries Of Legitimate Defense In Mutual Cases

The justifiable defense,is the law entrusts with the citizen to wage the struggle with the illegal violation a right,is the right legal act,the justifiable defense does not lose the legal responsibility.Beats mutually,is refers in the illegal mean injures other people under the meaning control,fights the continuity which the participant implements to injure the behavior mutually.In reality beats the case also to have the possibility mutually to transform as the justifiable defense.Many scholars pointed out in the recent years,fights in both sides because in the process,one only then own reason in advance gave up fight the behavior,and begged for mercy to opposite party or escapes directly,but another side chased after and never give up as before the continuation beat opposite party,gave up fight one only then can establish the justifiable defense;By this analogy,fights in the process in slight,side suddenly by obviously surpasses the current limit to fight the intensity to participation fights in the behavior,another side participates in the human also being possible to transform as the justifiable defense situation.This article altogether divides into four major parts,the primary coverage has following several aspects:The first part is “the case basic situation”,is the key point analyzes Cheng,Zhang,Yue,Song,Dai,Wang,Qiu,Gao et al.How the behaviors qualitatively,this case mainly has three kind of different divergent opinions,its dispute focal point question is Wang,Qiu,Gao et al.the behaviors whether establishes the justifiable defense.The second part is “the case correlation question legal principle theory of law analysis”,this part is this article key point,includes specifically assembles crowd for beating the crime with recognizing which injures intentionally,embarks from two crime crime constitution important documents,discriminates to two crime differences;Beats mutually with justifiable defense recognizing,and how is beating in the case to both concept to establish the justifiable defense mutually the condition to launch the analysis;Beats mutually with the justifiable defense is suitable the ponder,analyzes the related question from the judicial practice.The third part is “the dispute case analysis and the conclusion”,this part is closes the legal principle theory of law analysis underlie through the front part phase splitting,solves this article to ford the case content specifically.The author thought the the company some shop three people conform to the justifiable defense constitution important document,its behavior does not constitute the crime.The fourth part is “this case studies the enlightenment”,the author take the above-mentioned plan as an example,emphasized “defense intention” the necessity,appealed the judicial worker takes to present evidence the responsibility the realization,guarantees citizen's justifiable defense power to exercise.