Research On The Limitation Of Justifiable Defense

Since the "Deng case" in 2009 to the 2016 "YuHuan case",the legitimate defense case has always been the focus of attention from all walks of life,legitimate defense is difficult to identify,"only the outcome of the" generally popular,for the defense of justifiable defense limit cognizance,whether it is theoretically or in the judicial practice are identified dilemma.The author of "excessive Defense" and "criminal cases" as the key words in the Chinese referee documents online search,the results of the search were thousands of cases,most of which were intentional homicide,intentional injury case and excessive defensive case,and the case of death and serious injury caused by negligence can be said to be considered as a justifiable defense exemption."In the case of YuHuan" the hot discussion,the issue of justifiable defense again set off the climax of theoretical controversy.The justifiable defense system is a basic right of our country's criminal law,which occupies a very important position in our country's criminal law,and is an important guarantee to encourage the citizen to fight crime.In the process of revising the current criminal law,the first paragraph of article 20 th stipulates the concept of justifiable defense;The second paragraph provides for the determination of excessive defense,that is,only if the necessary limit,causing significant damage,only constitute a defensive excessive;The third paragraph provides that there is no undue defense,that is,a violent crime seriously endangering the safety of the person,take defensive action,Causing unlawful infringement of casualties,is not a defensive excessive,not bear criminal responsibility.According to the literal meaning of the articles,the criminal law protects the legitimate rights and interests of the justifiable defenders.The legal norm is set up for the defenders,however,in the judicial practice,there are some misunderstandings in the cognizance of the undue defense and defense,so many cases which take the YuHuan case as the representative of the case cannot be realized.The limitation of defense is one of the basic elements of justifiable defense,in the judicial practice of justifiable defense,the understanding and grasping of the limitation of defense is the key to the identification of self-defense.The justifiable defense system is an important system established by modern criminal law to protect citizens ' lawful rights and interests.It is a system which is stipulated by criminal law in order to guarantee citizens to exercise their right of defense correctly.Based on the topic of "YuHuan case",the paper discusses the concept of self-defense limitation,the necessity of setting up the limitation of defense,the relevant legislative provisions at home and abroad,as well as the current development of the theory and practice of justifiable defense,The paper puts forward the predicament and the way to solve the justifiable defense limitation to promote the development of justifiable defense system.