Based On The Judgment Document, The Research On The Limit Conditions Of My Country's Legitimate Defense

Due to the ambiguity of the 1979 criminal law describing the limits of legitimate defense,it is difficult to identify legitimate defense cases in the judicial practice.Thus,China's criminal law had been amended appropriately in 1997,relaxing the limitation of legitimate defense.However,this situation is hardly improved in reality for a large number of legitimate defense cases have been identified as fighting to deny the premise in the legitimate defense.On the other hand,although the conditions for the establishment of legitimate defense have been met in some cases,many of them are also identified as excessive defense because judges are so strict to judge these cases.Even in reality,there is a widespread inconsistency in the determination result in similar cases.The basic reason for these phenomena lies in the society that the provisions of legitimate defense in our criminal law are too principled to make the limitations of defense clear in judicial practice.Therefore,from the aspect of Yu Huan's case,this paper firstly investigates the judgments on legitimate defense in Henan Province in recent two years,and then summarizes and analyses the criteria for the determination of the limits of legitimate defense in judicial practice.Finally this article puts forward some suggestions..This paper is mainly divided into three parts.The first part is the introduction,which includes the research background,research purpose and significance,research methods,foreign regulations on the limits of legitimate defense,different domestic theories of necessary limits,and the introduction and controversy focus of Yuhuan case.The second part investigates the cases of legitimate defense in Henan Province in recent two years,analyses the reasons for the difficulty to identify legitimate defense in practice and puts some suggestions.The third part provides personal views on how to accurately identify the limits of legitimate defense by investigating the judgment and looking through the literature on the limits of legitimate defense.