The Limits Of Self-defence

Justifiable defense system negates the criminalization of defensive behavior,and has been concerned in criminal theory and judicial practice.It is a yardstick for the public to judge the reasonableness of law and judicial justice.With the advancement of the rule of law in China and the improvement of citizens' legal consciousness,justifiable defense,as a right of citizens,has attracted more and more attention.However,the status of the identification of justifiable defense in China is not ideal.Unclear legal provisions,pressure from the victim's family members,public opinion and other factors lead to the issue of result-only conviction in judicial practice,excessively strict standards for the determination of justifiable defense,and excessively high requirements on the cognition and means of the defender.Limits for defense of criminal law provisions are not clear,increasing the difficulty of justifiable defense cognizance,often appear the judicial organs would otherwise conform to the justifiable defense behavior mistake of excessive defense,with intentional injury,intentional homicide convicted and punished,hindered the normal implementation of justifiable defense system,reflect the judicial practice is not thoroughly understand the system of justifiable defense encourage citizens to attain the goal of fighting against illegal and criminal,attaching too much importance to crack down on crime,contempt for defense right safeguard,tend to be rational judgment,in the case,has not really meet the requirements of criminal policy of tempering justice with mercy.In order to accurately characterize cases of justifiable defense,the key problem to be solved is to define the limits of justifiable defense and distinguish the boundaries between justifiable defense and excessive defense.Should draw lessons from Anglo-American law system and continental law system about the limit of justifiable defense theory and the theory related theory,clear criteria to judge defense limit,relax appropriately identified the limits of defense theory,tools,harsh criticism only results qualified,defense to defensive mistakes such as the tendency to pay attention to the solution of excessive defense,blows into the case such as defence and special defense of the defense limit problem.Only by unifying the understanding of defense limit in legislation and judicature,improving the overall quality of judicial staff and the level of handling cases,issuing guiding cases and correctly guiding public opinion can we get rid of the misconceptions of the application of justifiable defense,achieve accurate characterization of relevant cases and truly give play to the effectiveness of the system of justifiable defense.