On The Limits Of Justifiable Defense

As a citizen's right,the importance of proper defense in China's criminal law cannot be ignored.Since the promulgation of China's Criminal Law in 1979,the establishment of proper defense has been strictly controlled in judicial practice,which has led to a situation where the general public dare not defend.In the new criminal law,the defense limit was changed to "significant damage caused by significantly exceeding the necessary limit",with the purpose of expanding the legal scope of legitimate defense and changing long-standing conservatism in practice.However,how to explain the meanings of "significantly exceed necessary limits" and "cause significant damage",and how to define the logical relationship between them,there is no theoretical consensus on these issues.There is no uniform applicable standard for the practical community in determining the limits of legitimate defense,which is not related to the lack of theoretical research objectively.In recent years,many legitimate defense cases have caused heated debate among the people.The research on the legitimate defense system has once again set off a climax,and people have begun to rethink how to determine the limits of legitimate defense.This article is divided into four chapters except foreword and conclusion.The first chapter starts with the three cases that caused controversy in judicial practice,introduces the basic case of the three cases,points out the dispute,and raises the issues that this article will discuss.The second chapter investigates the theory of defense limits of the countries in the civil law system and the Anglo-American law system,and analyzes the enlightenment of the extraterritorial theory to China.Chapter three points out the mistakes in the"results-only theory" and "equivalence theory" that exist when determining the limits of legitimate defense.It defines the logical relationship between"obviously exceeding the necessary limit" and "causing significant damage".Discuss the normative connotation of each element in the two requirements.Chapter 4 discusses the justification grounds for legitimate defense,puts forward the judgment perspective of "relief necessity theory" and behavior limits advocated by the author,and applies them specifically to the three cases mentioned in the opening chapter to test,and finally draws conclusions.