| After Yu huan’s case in Shandong Province and the anti murder of Kunshan,the recognition of self-defense has attracted much attention of the society.Throughout the judicial practice,the judicial cases of self-defense are faced with the dilemma of inconsistent standards,and different judgments of the same case occur from time to time.The main reason is that the provisions of self-defense in criminal law of our country are too abstract and generalized.Only Article 20 of criminal law provides an abstract expression of "self-defense","excessive defense" and "special defense right" in different levels,but there is no detailed provisions on the standards,concepts and other issues.Therefore,the author thinks it is very important to specify the provisions of self-defense in the criminal law of our country.Through the reflection on the theoretical theory,judgment perspective and the current situation of judicial practice of the necessary limits of self-defense in the criminal law theory of our country,the judgment standard of the necessary limits of self-defense is clear,and the classification of different degrees of legal interests infringement is put forward,To seriously endanger personal safety,general illegal infringement of personal rights,simple invasion of property and residential invasion of the four types of defense standard refinement to apply.Specifically speaking:the violent crime that seriously endangers the personal safety is commensurate with the unlimited right of defense;the general act of illegally infringing the personal rights does not have the special right of defense.If the counterattack at that time is a reasonable need,it is self-defense.If it is not and causes serious injury and death,it should be over defense.For the defense of a simple property crime,it should be forbidden for the defender to use serious violence(lethal violence)against personal safety for defense,while the general defense means that damages personal rights is allowed to use.but it is also necessary to have proportionality,and to act within the necessary limits;the acts of illegally invading the house can be divided into two categories:violent crimes that seriously endanger the personal rights andinterests of the house right and other types of illegal acts.For the former,the perpetrator can be appropriately given unlimited house defense right,while for the latter,the house defense right should be necessary to stop the illegal infringement,and should not exceed the necessary limit. |
