Research On The Limit Of Justifiable Defense

Justifiable defense system is an extremely important law system of China's criminal law,is a citizen to encounter the violation is going on,the public power can not be timely security situation,protect national and public interests,the purpose of their legal rights and interests with others and the use of legal weapons,with the nature of an individual benefits in dealing with the illegal and criminal behavior,encourage citizens to fight the violation is playing a positive role.The key and core of justifying justifiable defense lies in grasping the limit of defense,which determines whether the act of defense is lawful and should be protected or illegal and should be punished.For the cases involving defense,in the past judicial practice,most of the justifiable defense act as excessive defense,can be directly identified as justifiable defense cases are few and far between.In recent years,the issue of justifiable defense has attracted more and more attention.Although the cause is an isolated case,it reflects people's demands for democracy,rule of law,fairness,justice and security in the new era.As for the determination of defense limit,there are still many disputes in theory and practice in China,which leads to different judgments on justifiable defense cases and causes disputes among public opinions.Therefore,it is necessary to study the limit of justifiable defense and establish a clear and operable evaluation standard,which is conducive to citizens' right of defense in a timely and correct manner.The purpose of this study is to promote the academic and practical circles of criminal law to further clarify the system of justifiable defense,guide citizens to correctly exercise the right of defense within the legal limits,and give full and effective play to the system's functions of stopping illegal infringement,protecting legitimate rights and interests,and stabilizing social order.In this regard,it is the proper meaning of this paper to clarify the limit standard of justifiable defense,improve the legislation,resolve the difficulties in judicial application,and respond to the concerns of the people.With regard to the research on the limit of justifiable defense,this paper makes a comprehensive interpretation of the limit of justifiable defense by analyzing several theories of the limit of justifiable defense and relevantclassical cases.Specifically,this paper is divided into the following parts to discuss.In the introduction,the author first introduces the background of this paper and the theoretical and practical value of the research.Secondly,it summarizes the current research status of justifiable defense limits at home and abroad.At last,it briefly introduces the writing methods of this paper: literature research method,case study method,comparative study method,as well as the innovation and deficiency of this paper.The first part is the concept and meaning of defense limit.The related concepts of justifiable defense limit and the legislative and legal significance of defense limit are expounded,which lays a foundation for the research of this paper.The second part,the defense limit several main viewpoints.This part focuses on the analysis of the theoretical circle of our country's criminal law defense limit of several theories.This paper mainly classifies the five viewpoints of basic adaptation theory,objective need theory,compromise theory,superior interest protection theory,and social equivalence theory supported by this paper,and analyzes and evaluates the theoretical advantages and disadvantages,current research status and existing problems in judicial practice of the above viewpoints.The third part is about the motivation behind the defense limit view.This part based on the article second part five views,trying to explore each defense limit point of the reasons behind,from the macroscopic factors of the criminal law system is the certain social superstructure,individual factors,the people demand for safety factors as well as the national social public to actively exercise the right of justifiable defense,these three aspects are analyzed in this paper.The fourth part,the persistence of social equivalence and the identification of elements.This part from not sexual views because insist on society,rather the elements of identity should contain to society,think using social quite sex study defense limit shall deliberate on the basis of legal judgment,the influence of Chinese traditional culture in the social public law feelings,with reference to the average person's understanding level of the three elements are the problems of the limit of justifiable defense,concrete analysis.