Study On The Judgment Of Limit Standards Of Excessive Defense

With the deepening of China's modernization construction,people's attention to the cases and the judicial system is also increasing,especially in recent years,there have been many cases involving judgement of excessive defense,which caused extensive social discussion.Social public and news media actually pay more attention to the existing judicial system and the judicial credibility than to the cases itself.Therefore,the judgment of excessive defense has become the focus of academic discussion once again.This paper uses the research method of empirical analysis,through the data statistics of existing judgment documents,combining with relevant academic views and more representative cases of current controversy,to elaborate the status quo of the determination of the limit standard of excessive defense and raise issues,analyzes the causes of the issues in determining the limit standard of excessive defense,and puts forward the corresponding suggestions.This paper is divided into five parts.The first part is the Introduction,which mainly describes the research background of the issue of the limit standard of excessive defense,summarizes the relevant viewpoints of the limit standard of excessive defense,and putsforward the research methods and the innovations of this paper.The second part analyzes the current situation of judging and the issue of the limit standard of excessive defense.Taking 200 judgment documents collected in China judicial document network as the research object,this paper summarizes the characteristics of the judgment and the factors affecting the reasons of the judgment,and finds that the issues existing in determining the limit standard of excessive defense in the current judicial practice are mainly divided into three aspects: The first is the prevalence of instrumentalism;the second is the serious tendency of consequentialism;the third is the split evaluation of defense behavior.The third part expounds the cause of the issue of the limit standard of excessive defense.There are three causes.Firstly,the orientation of judicial decisions to "settle disputes and stop disputes" makes judicial officers tend to settle disputes,which leads to the phenomenon of fuzzing the right and wrong and fuzzing the spirit of laws and regulations,that to a certain extent leads to loose enforcement of judgment rules and cautious judgment of the cases in the only way of consequentialism.Secondly,the unreasonable judgment perspective leads to the fact that the judicial practice adopts the way of ex post judgment in judicial practice,which leads to the inconsistency betweenthe judgment rules and the legislative spirit,and the tendency that the judgment focuses on the result of crime.Finally,the fuzziness of the article itself leads to the disunity of the judgment rules,which affects the judgment of the limit standard and the continuity of defense behavior.The fourth part expounds the improvement of judicial practical judgment of the limit standard of excessive defense.To judge the limit standard of excessive defense,we should first make clear the perspective of judgment,that is to say,the judgment shall be based on the prior judgment and the perspective of the defender.Then we should unify the determination standard of defense behavior.Finally,we should further clarify the legal provisions,and define the boundary,relationship and influencing factors of legal elements,so as to facilitate practical judgment.The fifth part is the Conclusion,which summarizes the overall research ideas and main points of this paper,puts forward the shortcomings of the study of this paper,and puts forward the prospects for the future improvement of the limit standard of excessive defense.