Research On The Limits Of Justifiable Defense

Defense limit is a core content of the justifiable defense system,and it is also one of the five conditions that must be met to establish justifiable defense.It is also a controversial issue in judicial practice.The justifiable defense cases encountered in judicial trials almost all involve the judgment of the defense limit,which determines the legality and illegality of the defense behavior.In recent years,several domestic justifiable defense cases,such as "Yu Huan intentional injury case" and "Yu Haiming justifiable defense case",have once again pushed the determination of defense limit to the forefront of public opinion,it has aroused widespread concern in the society.There has always been no specific standard for judging the defense limit.There are different opinions in the theoretical circle,and the judicial circles also hold their own opinions on it.Therefore,through the method of empirical research,a large number of judicial practice cases are counted and analyzed,extracted and summarized from the judgment,from the perspective of the legislative purpose of the justifiable defense system,add personal thinking and judgment,and try to put forward a specific standard for the determination of defense limit,hoping to have certain guiding significance for future judicial practice activities.Therefore,this article first analyzes the two cases of current social disputes based on the typical cases of justifiable defense and the focus of disputes,this paper expounds the main controversial issues existing in the identification of justifiable defense limits in China and the causes of the disputes.Secondly,it summarizes the limit conditions of justifiable defense,discusses the connotation of the limit conditions of justifiable scope,and leads to the dilemma of judicial identification of the limit conditions of justifiable defense in our country.Finally,this paper analyzes the misunderstanding of identification of necessary limits in China's justifiable defense,based on the practical problems existing in the identification of defense limits in China's justifiable defense,through the reflection on the current situation of "one size fits all" of the theory,the perspective of judgment and the principle of weapon equivalence in the criminal law theory about the "limit problem" of justifiable defense and putting forward effective rectification ideas,at the same time,for the order problems of "obviously exceeding the necessary limit" and"significant damage",logical analysis and hierarchical construction are carried out,the problem of excessive defense in justifiable defense is not the judgement of "only result theory",but the judgement of rank.The first judgement in the first class is whether justifiable defense is necessary to effectively stop illegal infringement,since it is necessary,it certainly does not exceed the necessary limit obviously,that is,there is no need to judge the second class,that is,"whether to cause significant damage",if the defense behavior of the defender "obviously exceeds thenecessary limit",it needs to enter the second class to judge whether it "causes significant damage",thus making the judgment logic of excessive defense clearer,the specification positioning is clearer.In addition,the author also puts forward an effective measurement method for the internal judgment of "obviously exceeding the necessary limit" and "causing great damage,A reasonable judgment standard is put forward for the criminal law theory and judicial practice,which is convenient for the operation of judicial practice departments and reduces the scope of excessive defense behaviors.