The Necessary Limits Of Legitimate Defense

The legitimate defense system is a private relief right granted to citizens by the criminal law,the correct understanding and use of legitimate defense is conducive to encourage citizens to fight against the crime,and safeguard the legitimate rights and interests of the state,the collective and the individual.Indoor crime is the most frequent type of crime in society.it is easy to damage the personal property of citizens.in order to protect their safe haven,citizens will try their best to fight against illegal infringement when facing the crime and make defensive behavior.We encourage citizens to fight against crime,stop the crime and maintain social order,but in reality,many of the victims have been punished by law for their defensive actions,which we do not want to see.Therefore,how to grasp and exercise the legitimate defense right is the key to the citizens to overcome the infringement,and to protect their legitimate rights from infringement.at the same time,only correctly grasp the limits of legitimate defense can protect their legitimate rights and interests,and not be punished by the criminal law because of the defense.In the determination of defense behavior,the necessary condition is that we consider that defensive behavior is the main condition of justifiable defense or excessive defense.Once defensive behavior exceeds the necessary limit and cause significant damage consequences,defensive behavior will be considered as excessive defense.For the identification of defense,there is a different understanding of the standards for the necessary limits and the interpretation of special defense system,which is the in-depth research results of academic circles from various aspects to the justifiable defense system.Through the case perspective,discussed the problem of judicial application of justifiable defense,the justifiable defense theory interpretation and comparison,a detailed analysis of the case from different point of view.Through the study,the author believes that the legitimate defense in judicial practice,which refers to the nature of unlawful infringement behavior should include violations,illegality,urgency and suppression of criminal acts and violations.Identify necessary limits of justifiable defense,defense and behavior should be considered unlawful infringement behavior,power intensity and urgency and the environment and objective factors.In the application of special defense system,even serious criminal acts,should also strictly abide by the provisions of the law,careful consideration of the application of the right to special defense.