Research On The Limiting Conditions Of Justifiable Defense

China's legislation on self-defense system has 40 years,and the earliest can be traced back to the end of the 1970 s in the "Criminal Law".In 1997,the promulgation and implementation of the new "Criminal Law" in the first part of the relevant provisions on self-defense made further amendments and improvements.First,in paragraph 3,the wording of a number of terms had been modified by adding the element of special defense to the article and by modifying the expression "causing undue harm beyond the necessary limit",replace the word "exceed" with the word "manifestly exceed" and the word "undue harm" with the word "significant harm".From these amendments,we can feel that the state adopts an attitude of supporting and encouraging citizen's right of self-defense,advocating that citizens should have the courage to resist when being violated by crimes,which can guarantee the exercise of the right of Self-defense.However,from a practical point of view,the judiciary has adopted a very prudent approach in the application of Self-defense,and the phenomenon of not easily identifying self-defense is widespread.It's a common practice to identify the cases as excessive defense or even directly identified as murder and intentional injury which should belong to justifiable defense.So it is not difficult to understand that some people say that the justifiable defense clause is shelved,or even in a long-term dormant state of the "Zombie Clause".In 2017,the media published "Yu Huan Case" under the title of "stabbing a mother in disgrace".In addition to a series of subsequent cases,such as the Kunshan anti-murder case and the Zhao Yu case,the justifiable defense system and cases became the focus of attention of the whole society.In fact,many defenders who were under criminal investigation,detention and request for approval of arrest by the public security organ were convicted of excessive defense after final judgment except the above typical cases.The author believes that the difficulty in the determination of justifiable defense is mostly because of the difficulty in the determination of the limiting conditions.Therefore,how to promote the application of judicial practice to Self-defense,and how to understand and grasp the necessary limit through a clear identification standard,has become an urgent problem in the field of theory and practice.This paper is divided into five parts: the first part introduces the relevantcases,leading to the topics to be discussed.In the second part,the author introduces the related theoretical achievements of the condition of justifiable defense limitation.In the third part,the author sorts out the judgment and finds out the problems in the limitation conditions.The fourth part,based on the problems found in the previous parts,discusses the reasons why it is difficult to determine the limit condition of justifiable defense.In the fifth part,the author puts forward some suggestions,including making clear the concept of the condition of the limit of defense,overcoming the misunderstanding of cognition,considering the factor of defending people when judging the limit conditions.