Research On The Application Of Legitimate Defense To Illegal Detention

The crime of illegal detention infringes personal freedom and personal safety,defends against it,and does not bear criminal responsibility for damage to the person who violates the law when it meets the conditions for the establishment of legitimate defense.The defense of illegal detentions does not conflict with the conditions for the establishment of legitimate defense in terms of the interpretation of literature and science and can meet the conditions for its establishment.In theory,the violation of personal freedom by illegal detention is an illegal violation of the premise of legitimate defense;illegal detention restricts personal freedom,accompanied by beating and insulting behaviors.The duration of detention and the accumulation of beating and insulting behaviors are serious The possibility of equivalence of violent crimes that threaten personal safety.At this time,if the defender implements the defense and causes unlawful violations of casualties,he shall not be held criminally responsible and shall be justified defense.The judgment of over-defense relies on the test of the over-defense judgment formula,that is,over-defense = obviously exceeding the necessary limit + causing significant damage.Defensive means and defense results are the relationship between cause and effect.