Analysis Of The Series Cases About Justifiable Defense Case

The establishment of a proper defense system is intended to protect the basic rights and interests of defenders.Defense is too much to control the limits of legitimate defense and prevent defenders from abusing the right to defense.However,in judicial practice,because of the abstraction of the concept of legitimate defense system in China's criminal law,there is no specific The judicial interpretation and meticulous legal provisions make the determination of the defense behavior,the boundaries and how to sentence are controversial.In addition,due to the solidification of the thinking of the case-handling personnel,the limitation of the individual's legal level,the inability to bear the responsibility,etc.,the judgment of the limit of defense behavior is too strict on the defense defender's requirements,the result is too emphasized,and the defense becomes more and more protection.The system of the aggressor.Therefore,the author selects representative cases of Kunshan Yuhaiming,Yuhuan,Zhaoyu and other legitimate defense cases,aiming to analyze the judgment standards of defense behavior and defense limits through representative case cases,dispute focus and case results..This paper first analyzes whether there are illegal infringements,realistic risks,and defense intentions in the case to determine whether it constitutes a defense behavior.Then judge the defendant's defense conditions,defense methods,defense strength,damage results and expectation possibilities from the case and actual conditions to judge whether it constitutes a defense,and gradually increase the severity of the courage and the persistence of violations or illegal violations.Classification analysis of the situation of aggression.After the analysis,the author concludes that Kunshan Yuhaiming's legitimate defense case is highly efficient,accurate and accurate,and is a classic case of proper application of the legitimate defense system;Yuhuan does not fully combine the conditions and necessity of defense to determine whether the defense behavior is Exceeding the necessary limit,it is unreasonable to get the result of defense defense;the defense behavior in Zhao Yu's case is qualitatively twisted and twisted,but finally draws a more appropriate conclusion.This article analyzes the case,discusses the criteria for the identification,and evaluates the practical operation of the case,and puts forward its own viewpoints,in order to introduce more detailed judicial interpretation andpractical guidelines for the identification of legitimate defense and limits.Add reasonable defense principles to supplement and improve the proper defense system.