On The Limits Of Legitimate Defense

"The first degree of the crown" has a saying: "Those who keep one thing and everything,law also." The purpose of the law is to maintain the stability of social order and protect the legitimate rights of citizens.However,the law connotation criss-cross,the criminal law is thousands of rules.To fully guarantee everyone's equality before the law,the most important issue is to safeguard the rights of every citizen to self-defense.As Ingersoll said,the law stems from the people's right to self-defense.In that case,adequate safeguards for proper defense are of particular importance.At present,the criminal law in our country provides more detailed rules for the system of due diligence,but the laws,regulations and judicial interpretations still in practice have still been greatly contracted.Judges' understanding of the limits of justifiable defense has also been limited by academic theories or their own theoretical level.Therefore,how to interpret to better protect the rights of citizens,from the inherent concept,the use of new guidelines is the key.Traditional normative standards have many theories about the theory of limitation of justifiable defense,however,they do not provide useful guidance to judicial workers.Judging from the cases that the media are concerned about in recent years and the cases published by the court paper,the judiciary has a great discrepancy with the academic circles when it comes to the application of due diligence and its limits and standards.In practice,most of them use " Results " as the core of the accreditation standards have been criticized.In view of these outstanding issues,it is necessary to make a clear definition of how to apply justified defense more clearly in judicial practice.The author believes that we can attempt to guide and explain them from the perspective of the requirements of the situation and policies and classify and analyze situations that may arise from justifiable defense,including pure defense,defense under both circumstances of fault and defense under special circumstances Use the situation and policy requirements as well as existing theories and theories to make a general summary of the cases so as to reduce the contradictions arising from the unclear definition of the defense limits and on the other hand it can also guide people more effectively in their exercise of the right to legitimate defense.This article mainly consists of four parts.The introduction introduces the current theories on the justified defense limits as well as the opinions of scholars in various countries,and analyzes the background of current judicial practice in this study.The second chapter focuses on the concept and justification of the necessarylimits of justifiable defense,briefly describes the related theories on defense limitation theory and some existing problems,and points out the judicial difficulties it faces.The third chapter elaborates the constitutional elements of defensive guarding as well as the relationship between the constitutional elements,puts forward the author's endorsed theory and makes a brief analysis of it.The fourth chapter puts forward the core guiding ideology of this article,that is,the criminal policy calls for the guideline of identifying the defense limits.It analyzes the connotation of criminal policy and how it guides the cognizance in judicial practice from the perspective of theory and practice.The fifth chapter classifies the legitimate defense-related situations that may be encountered in the current criminal justice activities.By using the traditional theory of the defensive limits,combining the criminal policy requirements with the actual guidance cases,The case should be based on the corresponding doctrine analysis,in order to be able to more convinced.Conclusion part is to make a summary of the full text.