The Legitimacy Study Of The Defense Behaviors Of Justifiable Defense

For decades,the referee results of the justifiable defense cases have been widely concerned by all circles of the society all the time.Dealing with the cases of justifiable defense in a proper way has become the key to manifest justice and maintain social stability.In fact,the conditions for the establishment of justifiable defense are strict in our legislation,but in practice,the exercise space of citizens' individual defense right is very narrow.In addition,since the criminal law has revised the justifiable defense system,the identification of justifiable defense has emerged to various degrees of difficulty,including the prerequisites for defense,defensive behaviors and the limits of defense.As a result,there are few cases of justifiable defense in judicial practice.Whether justifiable defense is justified or not depends on whether it is justified or not,which plays plays a crucial role in correctly handling legitimate defense cases,so as to accurately locate and solve problems in the current situation.The first part of this article based on the problem-oriented,examines the plight of the defense mean of justifiable defense from the current situation in the judicial practice.Because of the standard fuzzy and the thought"crime of outcomes",there are few innocent cases among defense cases in reality,according to the analysis of the existing cases,thus,making it difficult to find the justifiable defense in practice.The second part judges the necessity of defensive means through special rules related to the limit of defense and the way of standard behavior of perpetrator,so as to investigate whether the defense measures are reasonable or not.The third part combines the factors that affect the justification of justifiable defense,such as the nature of the infringement,the defense environment,the defense ability of the defenders and the principle of balance of interests,so as to consider the utilitarianism of defense measures,which is an important basis for judging whether justification is justified or not.On the basis of systematic analysis of the full text,the last part summarizes the rules of available defense means under different encroach situations.The defense of personal interests can be properly weakened,and the principle of special interests can be applied analogous to specific situations.In the case of defense property rights,moderate violence can be used,and appropriate space for justifiable defense should be allowed to expand properly.