The Discussion On Judicature Recognization Of Legitimate Defense

The system of justifiable defense is a key legal measure to provide private remedy for illegal infringement in our country's laws,and it is also a key component of our country's legal system.Article 20 of Penal Code of our country stipulates: "anyone who takes an action to stop an unlawful infringement in order to protect the state,public interests,or his or her own or another person's rights of person,property or other rights from the ongoing unlawful infringement,thus causing damage to the unlawful infringer,is acting in justifiable defense and shall not bear criminal responsibility." Although the system of justifiable defense is clearly stipulated in the penal code of our country,the actual understanding and mastery of its constituent elements are not unified,which leads to many difficulties and disputes over the establishment of justifiable defense in practice.In order to perfect the legal system from the Angle of legislative purpose and legal interest,it is necessary to study the defense time and defense limit of the constitutive elements of justifiable defense.Taking the judicial treatment of the case of killing Liu in Yu Haiming of Kunshan,which has aroused wide concern in the society,as an example,this paper discusses the time standard and limit standard in the judicial recognition of justifiable defense by analyzing the case and combining with the theory of justifiable defense.Based on the shortcomings of the current legal system of justifiable defense in the identification of defense time and defense limit,this paper puts forward some Suggestions to improve the identification standards of justifiable defense time and defense limit,so as to improve the system of justifiable defense in China.