Research On The Defensive Limits Of Justifiable Defense

China's legal system is constantly developing,and citizens'awareness of the legal system is constantly increasing as well.The right to defense,as a basic right of citizens,is increasingly valued.The boundary between legitimate defense and excessive defense is the core research content of the defense right.As the key to judging legitimate defense and excessive defense,it determines the effect of the actual implementation of it in society.For this reason,the ability to accurately and reasonably define the limits of the right to defense is of great significance to this topic.At present,China's "Criminal Law",Article 20,paragraph 2,has made relevant provisions on the limits of legitimate defense,mainly through "significant harm caused by clearly exceeding the necessary limit".As a result,domestic scholars have certain differences and inconsistencies in terms of understanding the terms"significant harm" and "significantly exceeding".Therefore,this article starts from the legal provisions,combined with case analysis,through the"Kunshan Self-Defense Counterattack Case" and "Mother Dishonor Case" to focus on the current defense theory and the defense boundaries set in practice in China.Defects in this area of the law,and suggestions for improvement are provided by the author.This article will focus on the analysis of the setting of the defense boundary,including the differences and principles between China and Western countries,accurately positioning the defense boundary,and elaborating its importance.By analyzing the settings of defense boundaries and self-defense rights of Germany,the United States,and Japan,taking the essence and removing the dross,combining with China's national conditions,the author put forward his own views while discovering deficiencies.The author defines legal terms such as"significant damage" and "necessary limits" in detail,and demonstrates them through actual cases.At the end of this article,the author further determines how to better use the boundaries of self-defense through the justification of defense standards,principles,and judicial interpretations to help our citizens maintain the right to self-defense while preventing the abuse of that right and effectively protecting the value of the society.