A Study On The Problem Of Judicial Cognizance Of The Limits Of Self-defense

The purpose of establishing justifiable defense system in our criminal law is to guarantee a private right of relief exercised by citizens in order to protect their legitimate rights and interests from damage when they are too late to request public relief in the face of illegal infringement,which is a right of self-defense endowed by citizens in the form of law and has a very important position in our criminal law system.The rational application of the system of justifiable defense is conducive to encouraging citizens to dare to fight illegal and criminal acts,deterring criminals,and maintaining the stability of social order.However,the application effect of justifiable defense system in judicial practice is not satisfactory.In recent years,several cases of justifiable defense have aroused widespread controversy and discussion among the public,which has brought great pressure and challenges to the judiciary,of which the most important focus of controversy is the judicial determination of justifiable defense limit.In order to study this topic,case analysis,literature analysis and empirical analysis are used to comprehensively demonstrate.In the first part,two typical cases are selected for systematic analysis to interpret the method,and the relevant problems of judicial determination of justifiable defense limits are elicited;in the second part,combined with the analysis of the current situation of defense limit determination,the existing problems of defense limit determination in current judicial practice in China are summarized: the defense limit determination standard,the occurrence of serious results to deny the nature of defense,and the difficulty of judgment caused by the theoretical differences in defense limit determination;in the third part,the causes of the existing problems in judicial determination of defense limits are mainly explored: the influence of different theories in defense limit determination,the adoption of objective criteria for "defense" is too strict,the justification basis of justifiable defense is ignored,the particularity of persistent illegal acts is not considered,and the understanding of the substantial connotation of defense limits is biased;This paper puts forward the concrete countermeasures to improve the judicial determination of justifiable defense limit: formulating a unified and clear determination standard of defenselimit,adhering to the standard of "in-case judgment" to determine the defense situation,establishing a thinking mode of defense limit with double judgment of "behavior and outcome",paying attention to judging persistent illegal acts from the overall perspective,and correctly defining the substantial connotation of defense limit.Through the study of the justifiable defense limit of the judicial identification of the problem,constantly promote the good development of the justifiable defense system in China.