Research On The Identification Standard Of Defense Limit In Judicial Practice

From "ming-liang sun case" in 1984,in 2009 to a "deng",and in recent years,the "made in","Guo Yonghong case","Chen at the case" and so on,it can be seen with the justifiable defense case in real live 1,more and more frequent in this system the important degree is becoming more and more high,in order to protect the citizens’ right to legal aid force 4,regulated the system of justifiable defense in our country,it refers to the citizens in the face of violation cannot get help from the outside world,it is difficult to use the public aid force,in order to protect themselves,others and the society,the legal rights and interests of the country from time to time to use a system.Justifiable defense has five constitutive requirements,and the defense limit condition is the soul core requirement to guarantee its legitimacy,which is of great significance to distinguish between excessive defense and justifiable defense.If the limit of defense is too wide,it is easy to lead to the result of misappropriating the right of justifiable defense,otherwise it is not conducive to the protection of the legitimate rights of citizens,reduce the enthusiasm of citizens to exercise their rights.Therefore,it is necessary and urgent to determine the standard of defense limit correctly.However,from practical cases,it can be seen that judicial practice takes defense result as the identification standard of defense limit,which makes excessive defense identification in practice and too little justifiable defense identification,narrowing the establishment scope of justifiable defense,and also leads to the lack of judicial credibility and social fairness and justice.The fundamental reason for the investigation is that there is no correct understanding of the legal provisions,and it is also related to the one-sided post-judgment path in practice.In addition,the subjective psychology of the judge favoring the concerned and appeasing the public opinion leads to the emergence of such identification standard.This paper studies the identification standard of defense limit in judicial practice,and then has a clearer and deeper understanding of it,so as to better improve the identification standard in judicial practice,which is more or less helpful.First of all,this paper should complete the existing legal provisions on defense limits,and evaluate the theories and theories of our country.In addition,it should“extend” the scope of legal provisions to judicial interpretation.Reanalyze the cases in the practice of the division,so as to find the defense limit identification standards in judicial practice and the problems caused by such standards: analyze the problems in the defense limit identification standards in judicial practice,and explore the underlying reasons;Finally,the judicial practice and the current existing legal system and theory of the phase.To put forward specific and practical Suggestions on how to identify the defense limit in practice,so as to make the system of 1 dang m public security be used scientifically and reasonably in judicial practice.