On The Limits Of Justifiable Defense From The Perspective Of Value Balance

Justifiable defense is the victim's instinctive reaction when facing infringement.The criminal law protects the exercise of citizens' right of justifiable defense and clearly stipulates that the act of justifiable defense need not bear criminal responsibility.And with the continuous improvement of China's criminal law,the establishment standard of justifiable defense tends to be lax,which can better protect citizens' defense rights.However,everything is about a "degree",and justifiable defense is no exception.Defense limit divides defense ACTS into legal ACTS and criminal ACTS.The correct judgment of the limit of justifiable defense is of great significance for dividing the boundary between crime and non-crime,and is conducive to punishing evil and promoting good,protecting personal and public interests.However,the definition of justifiable defense and undue defense and justifiable defense and general crime is complicated.China's current theoretical and practical circles,the defense limit has not been a specific clear evaluation standard,the recent cases of justifiable defense often caused a great uproar,triggered the theoretical and practical circles of wide attention and fierce discussion,there are different opinions.The reason why the understanding and application of justifiable defense frequently arouse hot debate can be attributed to people's inconsistent concept of the value orientation of justifiable defense.In 1997,although the criminal code made a major revision in the limit of defense,in view of the act of defense,the increase was obviously beyond the "necessary limit";For "defense results","undue harm" should be changed to "cause significant damage".But since 1997,the effectiveness of the new law has not been very clear.The reason is that the new law still does not specify exactly what is necessary.The different views on "necessary limit" in judicial practice are the important reasons for the confusion of the application of justifiable defense system.This paper consists of three parts:The first part,the significance of value balance to the limit of justifiable defense.This part first explains the basic connotation of the limit of justifiable defense,and then explains the four values of the limit of defense: order,justice,efficiency and freedom,and the essence of justifiable defense is the combination of power and right.In order to ensure that the four values can play their due roles,power and right can achieve a dynamic balance between the game,it is necessary to set certain limits for justifiable defense.The second part,value balance as "excessive" definition of the standard of the theory.Through analyzing the traditional regulations on the limits of justifiable defense represented by the tang law shuyi,we can get the beneficial inspiration for the present.Furthermore,the author thinks about the limits of defense from the perspective of values,and discusses the relationship between rights and powers,the choice between freedom and order,the conflict between the concept of public and the concept of law,and the deficiency of "consequentialism".The third part,the understanding of special defense from the perspective of balance.Combined with the irrationality of article 20,paragraph 3,as a special provision,pointed out in the welcome case,it should be made a provision of attention.Since the act of defence provided for in paragraph 3 was itself within the limits of defence,it should not be envisaged as undue.At the same time,compared with the "castle law" of the United States,it can be seen that the defense of the United States against the invasion of housing security is the "special defense right" in the real sense.Drawing on the theories of Germany and Japan on the limits of defense,this paper puts forward Suggestions to improve the limits of China's current justifiable defense and avoid the article of justifiable defense being a zombie clause.