An Analysis Of The Limited Conditions Of Justifiable Defense

Justifiable defense is a kind of resistance behavior that the illegal infringer is infringing on others,threatening life,property and other legitimate rights and interests,and the defender is taking to prevent the occurrence of illegal infringement and causing irreparable loss to himself.If the resistance behavior causes certain degree of damage to the illegal infringer,as long as it is still within the limit prescribed by law,the behavior and result are as follows: Equal,can be identified as self-defense,for the loss caused by the illegal infringer,does not bear criminal responsibility.In the face of illegal violations and acts threatening their own personal safety and property loss,they can resist appropriately,but in order to avoid the abuse of this right and prevent illegal people from using this rule to illegally deprive others of their lives or illegally obtain property,the state stipulates strict restrictions on this system,especially for the purpose of protecting the safety of citizens,the state stipulates violent criminals The special defense content of crime.The criminal law stipulates that "in order to prevent the state,public interests,personal,property and other rights of the person or others from being illegally infringed at present,it is self-defense to stop the illegal infringers and shall not bear criminal responsibility".This paper makes clear the concept of self-defense,starting from the significance of the self-defense system stipulated in the current new criminal law,combined with Huang's intentional injury case,takes self-defense as the research object,and makes indepth analysis and Research on the definition,defense limit,defense scope,identification boundary and conditions,specific composition and other aspects of self-defense.The first part is to clarify the definition of self-defense according to the current theories of Chinese and foreign scholars;the second part is to discuss and sort out the conditions of self-defense through the theory of criminal law,and determine the nature of Huang's behavior;the third part is to analyze and discuss the limit,boundary and scope of Huang's criminal behavior after determining the nature of Huang's criminal behavior The fourth part: through the qualitative and quantitative analysis of Huang's case,combined with the current frequent cases of selfdefense,to think about the future development direction of self-defense,and put forward suggestions for the current self-defense system,hoping to further improve and optimize At present,the system of self-defense can help us to reduce the misunderstanding;...