On The Confirmation Of The Limit Of Justified Defense In China

The criminal law expressly states that legitimate defense does not bear criminal responsibility.Specifically,defensive behavior is not a criminal act.Instead,it acts in an attempt to protect legitimate rights and interests and stop illegal infringement when faced with unlawful infringement.Although it may or may actually result in damage,it does not have social harmful features.It does not constitute a crime,but it is a legitimate act.As one of the most important legitimate acts,different countries have set different regulations around proper defense,and have carried out fierce arguments based on this.But there is no dispute that the justification of legitimate defense has been recognized by all countries.At the same time,proper defense is also a citizen's right.However,the exercise of rights is bounded and limited in scope;beyond this boundary,legal actions will gradually move closer to illegal actions and justice will become unjust.Therefore,in order to avoid abuse of rights,defensive behavior should also be subject to certain restrictions.Defensive behavior is subject to certain restrictions,which means that defensive behavior cannot exceed a certain limit,that is,the defensive behavior cannot obviously exceed the necessary limit,and it causes significant damage.However,because the regulations are too abstract and vague,the purpose of legislative amendments has not been properly implemented.The status quo of justifiable defense limits in judicial practice has not been improved,resulting in a judicial dilemma that the legitimate defence limits in judicial practice are still vague.Therefore,the author believes that it is necessary to start from the problems faced by judicial practice,analyze the legislative provisions in China and related theories of theoretical circles,draw lessons from foreign relevant theories and legislation,and judicial practice,and provide a meager force for the reconstruction of China's legitimate defense limits.This article is mainly divided into four parts,which are in turn:The first part introduces the legislative provisions of China's legitimate defense limits,and summarizes the difficulties faced by the determination of legitimate defense limits in judicial practice through several cases.The second part analyzes the theories leading to the identification of the limits of legitimate defense in our country,summarizes,summarizes and discusses them,defines the pros and cons of various doctrines,and tries to explore the root causes of the difficulties in determining the limits of legitimate defense.The third part examines the judicial practice of the determination of defense limits in civil law systems,Anglo-American law systems,and other countries and regions.It draws on the legislative provisions and theoretical doctrines for the identification of legitimate defense limits in relevant regions and integrates domestic relevant legislation,doctrine,and judicial practice to analyze and judge.To improve and perfect the identification of legitimate defense limits,provide some references.The fourth part reconstructs the identification path of the proper defense limit.By summarizing various theories in the theoretical community and using relevant foreign theories and practices for reference,we have reconstructed the path to identify the limits of legitimate defense and put forward a “hierarchical theory”,which has been developed and implemented for typical cases.