On The Meaning Of "Obviously Exceed" In Defense

"Significantly exceeded" is the prefix expression in the over-defense clause.The specific meaning of "obviously exceed" affects the scope of the establishment of excessive defense.However,theory and practice did not grasp the true meaning of "obviously exceed",which led to the prevalence of "result theory" thinking.There are four main points of view in the academic world: strength comparison,protection interest and damage comparison,damage result comparison,and defense limit and actual limit comparison.All of these views have more or less problems and defects.Intensity comparison said that too much attention was paid to the comparison of behavioral intensity,and the possibility of inadvertent results being ignored was ignored;the comparison of protection interests and damage said that to a certain extent,too much attention should be paid to "damaged results",which led to being too harsh on defenders,ignoring accidents and panic The legitimate defense established under the circumstances;the damage result comparison also faces the "results-only theory" and ignores the specific situation of the defender;but the defense limit and the actual defense limit are conceptually confused,and it is difficult to refine the feasible judgment rules.The different positions of "Oneness and Dualism",the interpretation of criminal law and criminal policy all affect the understanding of the meaning of "obviously exceed".The interpretation of the meaning of "obviously exceed" should be based on the concept of reasonable expansion of legitimate defense.The "minimum theory" is understood as a comparison between the "minimum" of defense behavior and the actual defense limit.Put forward feasible judgment rules for "obviously exceed".