A Study On The Limitation Identification Standard Of Justifiable Defense

Article 20 of the Criminal Law only provides for the principled provisions of justifiable defense,leading to many differences in the judge's determination of the limits of legitimate defense in the judicial practice.This article starts from a typical case,and investigates the legitimate defense judgments on China's referee papers,sums up the standards for determining the limits of legitimate defense in judicial decisions,and reviews and reviews them.Finally,it proposes a plan for affirming the standards for the justification of defensive justice.Specifically,the full text is divided into four parts.The first part describes the typical cases in which the court made defensive sentences: “Yu Huan” and “Deng Yu Jiao”.This section briefly introduces the basic situation of the two typical cases,analyzes the divergent opinions of all parties,summarizes the focus of the case,and finds that the limit of justifiable defense in a specific case is an easily-controversial issue.Laws and theories have not formed a single and clear standards.The second part investigates the standards for determining the limits of legitimate defense in the judge's judgment.In this part,by retrieving the verdicts of the China Judgements Online,it was found that only fifteen cases were identified by the judges in the database as “legitimate defenses”.Based on the analysis of this part of the justified defense judgment,the article compares and analyzes the judgement judged by the judge as a defense deficient,and finds that the judgment book forms a symmetry standard for defense tools,a restraint standard for defensive behavior,and a strict control standard for defensive results.The third part rethinks the above-mentioned criteria for determining the limits of legitimate defense.This section combines the theoretical and legislative provisions of justifiable defense limits,analyzes the rationality of the standards for determining the limits of legitimate defense in practice,and finds that the symmetry standard of tools neglects the imbalance of defenders against the power of infringements,and behavioral restraint standards are not fully respected.To defend the interests of people's free stay,the damageresult limit criterion limits the scope of legitimate defense.The fourth part proposes a remodeling plan for the standards for the justification of defensive justice.The article believes that one should establish general judgments on the necessary limits of defense behavior,and secondly,appropriately modify or interpret the law,explicitly declare that the legitimate defense causes minor injury and that the consequences of impunity are not punished.Third,it is necessary to coordinate consideration of the limits of defense behavior and there are two aspects of defense results.