Research On The Limits Of Justifiable Defense

The limitation of justifiable defense is the core issue to judge whether justifiable defense is established.In judicial practice,it is very difficult to pursue the clarity of the limit of defense because of the changes in the social value of the times and the change of the national predictability and anticipation.Although the case tendency can solve highly controversial or socially larger cases,the lack of a relatively consistent decision is a harm to the credibility and authority of the judiciary.Therefore,how to grasp the defense limit is the urgent need for further exploration of theory.The introduction part takes case analysis as the breakthrough point.Through the analysis of the defense plot of the two cases which have great influence,the author sums up the shortcomings of the theoretical level of the necessary limits of the legitimate defense in the academic circles of China.No matter "basic adaptation","objective needs" or "compromise theory",it is impossible to solve the limit of justifiable defense very well,and it is difficult to realize the same case with the same case.The deep reason lies in that the academic circle only combs and contrasts the legal provisions of the surface,does not analyze the deeper legal and value basis,and does not consider the factors suitable for the Chinese people,which can adapt to the Chinese people's law emotion.The dilemma of reason and reason.In the second part,in view of the problems raised in the introduction,from the basis of the justifiable defense,the cornerstone of the system of justifiable defense,the theory of the justification of the civil law and the Anglo American law system is combed,and the "Commonness" of the justifiable defense system and the defects of their respective theories are revealed.On the basis of the native place,the legal interest is the most suitable for the limitation conditions of the justifiable defense in China's criminal law,and it has the rationality and vitality of the theory.The third part makes a legislative analysis of the representative defense limits in the continental law system and Anglo American law system,and abstracts the judgment method of defense limits abroad.Among them,the equivalent judgement method of justifiable defense represented by Japan in continental law system is worth learning from.In general,the judgment of the limit of justifiable defense adopts the method of post judgment,and the judgment of the results is made from the factors of judging the time point,the judgment data,the judgment standard,the causality and the foreseeable possibility.The fourth part takes into consideration that if it is too broad from theory to theory,it may flow into empty talk and has no practical guidance value,so in the discussion of this theory,the limitation of defense and the limit of defense in the police duty behavior in the criminal law circles in recent years is the angle of view,and the research theory is advanced.Objective analysis can supplement the adaption of theory in special cases,and strive to contribute to judicial practice.The fifth part,considering that the scope of the discussion is a matter of fact,therefore,there is a limited extension thinking for the areas that may not be covered.