On The Limits Of Self-defense

According to the second paragraph of Article 20 of the Criminal Law of our country,when the defense act of the defender obviously exceeds the necessary limit to cause significant damage,it is overdefense.Therefore,the distinction between self-defense and self-defense is whether the act of defense exceeds the necessary limits to cause significant damage.However,in judicial practice,due to the complexity of self-defense cases and differences with other defense cases,it is impossible to simply apply the law.There are differences in the understanding of the standards of self-defense determination among the courts at all levels,the regional courts and the judges of each case.The case of defence is judged to be over-defended.This kind of judgment is not only harmful to the exercise of citizen's right of defense,but also makes the legitimate defense system become a "sleeping clause ".Therefore,it is necessary and important to define the criteria for determining the limits of legitimate defense.On the one hand,it can realize the protection of basic human rights in our country,on the other hand,it can improve the enthusiasm of citizens to fight against illegal infringement,encourage citizens to use the weapons of law to safeguard their legitimate rights and interests,and make the legitimate defense system play its due role.This paper focuses on the criteria of determining the limits of legitimate defense,focusing on the legislation and theories of the limits of legitimate defense,the status quo of the limits of legitimate defense,the laws of civil law and common law in the theory of extraterritorial criminal law on the limits of defense legislation,theory,case law and so on.