On The Limits Of Justifiable Defense

In 1997,the newly revised criminal law adopted a relaxed attitude on the provisions of self-defense,but the self-defense did not correspond with it in judicial practice,either not recognized as self-defense,or identified as excessive defense,and the number of cases evaluated as self-defense was very small.In recent years,Eu Human,Eu Hailing and other cases have aroused strong public concern,fierce public debate,and continuous research by jurists.In December 2018,the Supreme Pastorate issued the twelfth batch of case guidance on the subject of self-defense,and the determination of self-defense in judicial practice began to relax to a certain extent.This paper takes this opportunity,from the perspective of the defender,focuses on the limit of self-defense,studies the real dilemma of the defender in self-defense by empirical research,the relationship between the limit of self-defense and the limit of self-defense and the real dilemma,and puts forward to improve the limit of self-defense in the practice of legal operation with the limit of self-defense as the core.In addition to the introdu ction and conclusion,this paper is divided into the following three parts:The first part: the introduction of the problem.This part mainly analyzes the real dilemma of self-defense from the perspective of the defender.It includes three aspects: the difficulty of the defender's cognition of the theory of self-defense,the difficulty of the defender's defense behavior to stop the illegal infringement under the specific environment of the illegal infringement,the difficulty of the judicial organ's final evaluation of the defender's defense behavior as self-defense,and the analysis of the above difficulties.The second part: Defense limit and self-defense.This paper discusses the concept,characteristics,significance and functions of the limit of self-defense,and then analyzes the relationship between the limit of self-defense and the real dilemma of self-defense.This paper expounds in detail how the limit of self-defense affects the difficulty of the defender's cognition of the theory of self-defense,the difficulty of the defender's stopping the illegal infringement when the illegal infringement occurs,and the judicial organ's determination of the difficulty of self-defense.The third part: take the defense limit as the core to improve the self-defense theory and system.This part describes the following two aspects: first,improve the theory of defense limit.It mainly includes: reshaping the judgment position of the limit of justifiable defense,clarifying the connotation of the limit of necessity and the limit of result,and clarifying the relationship between the limit of necessity and the limit of result.Secondly,we should improve the self-defense system in the practice of legal operation with the limit of self-defense as the core.It mainly includes: perfecting the self-defense system in the process of legislation,judicature,law popularization and law-abiding.In terms of legislation,we should improve the scope,conditions and limits of self-defense,in terms of judicature,we should improve the investigation activities of public security organs,the legal supervision activities of procurator and the trial activities of courts,in terms of law popularization,we should improve the subjects,methods and contents of law popularization,in terms of law-abiding,we should improve the concepts and contents of law-abiding...