Justify The Necessary Limits Of Defense And Research On Countermeasures

Along with the advance of social legal system in our country in recent years, the citizens' legal consciousness enhancement, when meeting illegal use legal means to protect themselves is generally cognitive, justifiable defence as a citizen's rights in accordance with the law, was more and more people raise and use, but through the relevant case can be found that high media attention in recent years, people of justifiable defence, and may only be used under what circumstances use limit to understand there is a big difference. In this paper, we study the purpose of self-defense necessary limit problem is found in the judicial practice used for self-defense and limit the problem, analysis the reason to resolve the problem, to be more clear to determine whether behavior belongs to the justifiable defense, reduce defense limit definition of unclear cause contradiction, on the other hand, can more effectively guide the right people to exercise the right of justifiable defense.This paper consists of introduction, the first, two, three, four, five chapters and conclusion. The introduction and first chapter mainly puts forward the limit of justifiable defense problems and reasons in the judicial practice, the second and third chapter introduces the justifiable defense limits of necessity and related theoretical research, the fourth chapter analyzes the defense limit of typical problems in judicial practice, the fifth chapter puts forward the definition of limit of justifiable defense countermeasure and the suggestion.The introduction part briefly describes the theme and purpose of this study, put forward the research question is justifiable defense the plight of the limits of necessity and judicial application, this paper briefly describes the problems related to the status quo.The first chapter, first proposed the justifiable defense limits of necessity and judicial application of specific issues, the defense limit standard uncertainty, such as excessive attention to defense the judicial practice. From the perspective of theory and practice of defense was analyzed, and difficult to grasp the main reason, our country law to the limit of justifiable defense without standard, in the judicial process for defense relatively objective environment analysis, some cases of infringement and defense actions harm the legal interests of different influence defence standard of judgment, evaluation of defensive action "social effect" and "legal effect" is hard to uniform standard, the limitations of the forensics in the process of judicial means also affect defense limit of judgment.The second chapter focuses on the definition of limits of necessity and justifiable defense, briefly describes the development history of China's defense limit, the limits of necessity and the significance and characteristic of the limits of necessity.The third chapter to the study of the theory of the justifiable defense necessary limit, first introduced the legal basis for the limits of necessity, then introduced Anglo-American law system and continental law system countries mainly about defense limit related theorv, then introduces the justifiable defense necessarv limit theory in our country, put forward the principle of the proportion of can draw lessons from foreign defense theory.The fourth chapter is mainly to the first chapter puts forward the typical case and typical problem specific analysis, analyzed the fistfight and justifiable defense bounds of unknown problems, has foreseen the infringement defense limit the defence of provocation limit problem, problem of defense limit of unequal power or weapons, defensive tactics of expectation of possibilityChapter five on how to grasp the justifiable defense necessary limit standard puts forward the countermeasures, to multi-angle comprehensive analysis of the infringement, defense links for each of the elements, at the same time puts forward some Suggestions for how to correctly use the right of justifiable defense, in order to strengthen the publicity and education of right of self-defense, and perfecting the criminal judicial means of evidence collection.Conclusion part is the summary to the full.