Research On The Standard Of Justifiable Defense

Justifiable defense limit problem is always a bigger issue,the theory of the disputes and problems in the judicial practice,and along with the social information is convenient,justifiable defense case caused by the social public opinion more intense,based on the existing about the limit of justifiable defense "clearly more than necessary to limit","significant harm" and the concept of "violation" to draw out theory viewpoint of controversy and practice in the case of disputes,and discusses the forming reasons.Based on the problems and disputes in our country,this paper discusses the standard construction of justifiable defense limits in practice.In 2016,Yu Huan was sentenced to five years in prison for intentional injury and abuse.The case not only caused great repercussions in academia,in the society is also caused the big discussion,it inspires us to think about the limits of justifiable defense and the crime,the limits of justifiable defense is to how to apply to the practical cases,achieve the unity of reason and jurisprudence.Serious and practical cases,the only normally results as of the only standard of excessive defense,but the essence of justifiable defense is that just don't have to yield to injustice,so the consequences of the illegal infringement should be allowed to exceed justifiable defense caused great damage,because this is defense man in anger,panic,fear,make back under the psychological effect of behavior,need specific analysis in the specific situation.In the case of non-violent infringement,the offender shall be allowed to exercise the right of self-defense.