The Identification Of The Limit Of Justified Defense

In order to pursue the operability of judicial practice,in the case of Justified defense,judicial workers have formed the conventional thinking of looking at the problem from the result,which eventually leads to the way of "consequentialism".It was almost impossible for that defense to be admissed in the case that defense behavior causes damage.The judicial workers take the defense result as the only standard to understand the excessive defense.Imperceptibly,it dispels the element "obviously exceeds the necessary limit" and causes the establishment of Justified defense to be extremely difficult.It is beyond the capability of the author to comprehensively study the chaos of Justified defense and the reasons behind it.The research content of this paper is limited to the identification of the limit of Justified defense,that is,to explore the connotation of "significant damage","necessary limit" and "obvious excess",clarify the relationship between the relevant constituent elements.On this basis,this paper combining with the guiding cases of the Supreme people's procuratorate,puts forward relevant suggestions on the improvement of the identification of the limit of Justified defense in judicial practice,so as to distinguish the boundaries between Justified defense and excessive defense.Chapter one,preface.In this chapter,the author briefly introduces the emergence of Justified defense system and the phenomenon that Justified defense is difficult to be established in practice.There are many theories to expound the relevant constitutive elements of defense limit in theory,but there is no agreement.Chapter two,brief introduction of the case.In this chapter,the author introduces the basic case of cheng's intentional injury,and puts forward the problems to be studied in this paper.Chapter Three is an overview of relevant theories and case analysis.In this chapter,the author analyzes the connotation of the constitutive elements of the limit of Justified defense in the second paragraph of the article twenty of the current criminal law.Based on that,I have analyzed the relevant theories,given my own opinion.At the end of this chapter,the author combined with relevant theories to analyze Cheng's case of Intentional Injury.Chapter Four,improvement of the identification method of limit of Justified defense.In this chapter,the author combines existing theories and relevant cases to analyze the cases in practice which related to Justified defense.In these cases,the legal principle of the victim's self-responsibility should always be implemented.Accurately understand the relationship between the first paragraph and the third paragraph of Article 20.When considering the necessary limit of a defensive act,situational judgment should be adopted to determine whether a defensive act is necessary by considering the nature,means,intensity and environment of the illegal infringement.