Restudy On The Limitation Of Justifiable Defense

The system of legitimate defense has always attracted much attention in criminal theory and judicial practice,and it is the criterion for the public to evaluate the rationality of law and judicial justice.The continuous progress of the rule of law and the enhancement of citizens’ legal awareness have further raised the attention of legitimate defense as a basic citizen’s right.However,the application rate of legitimate defense is extremely low,and cases where legitimate defense is found to be acquitted are rare.Factors such as the ambiguity of the law,the excessively high defense standards,and the improper influence of public opinion on the judicial system have led to problems in judicial practice,such as result convictions,equivalence requirements for tools,and high requirements for the cognition and means of defenders.The criminal law does not specify the standard for determining the defense limit,causing confusion in the determination of the defense limit.This has caused the judicial authority to wrongly characterize the case of justifiable defense as over-defense or even deny it,and convict and penalize deliberate crimes,which violates the original intention of the legislation and restricts the system of justified defense.Applicable,reflecting that practitioners fail to accurately understand the legislative purpose of the legitimate defense system—encourage citizens to actively fight criminal acts,attach importance to combating criminal crimes,neglect to protect the rights of defenders,and focus on the determination of defense limits from the perspective of general rational people afterwards,Failed to implement the criminal policy of both leniency and strictness in the process of handling the case..The key to accurately identifying legitimate defense lies in accurately defining the limits of defense and clarifying the standards for legitimate defense and excessive defense.To this end,we should examine the relevant theories and doctrines on the limits of legitimate defense of foreign countries and combine with China’s national conditions to clarify the criteria for determining the limits of defense,change the perspective of determination,abandon the wrong tendencies such as "consequence-only" and "tool-only",and clarify the limits of legitimate defense.The basic principles of identification are to unify the identification standards of justified defense limits through the issuance of guiding cases,accurately grasp the elements of identification of defense limits,improve the theoretical level of some case-handling personnel,guide public opinion through case interpretation,and further enhance citizens’ legal awareness.Only in this way can the legitimate defense be accurately identified,the judicial credibility can be improved,and the due role of the legitimate defense system can be brought into play.