Research On The Boundary Of Defense Right

As for the justifiable defense system,the academic circle has long been too keen on the study of criminal dogmatics,and ignored to examine it from the perspective of jurisprudence.Kant’s theory of freedom has injected new life into justifiable defense.Kant,on the basis of sublating Hobbes,Locke and Rousseau’s concept of defense rights based on social contract,proposed that the legitimacy of defense rights is not based on revenge or punishment,but on the maintenance of the right relationship between people and the strong desire to fully protect individual freedom.According to the parallel principle of "quality" and "quantity",the boundary of Kant’s defense right became clear gradually.Kant thinks that although the risk of escaping or giving up defense may be less than that of self-defense,and the result may be better than that of self-defense to protect the infringed legal interests,but its essence is the negation of rights,which will eventually destroy the civilized relationship between people.Therefore,according to Kant’s theory of freedom,in the face of illegal infringement,the defender has no obligation to evade.“Law cannot yield to lawlessness”.In Kant’s eyes,the infringer’s behavior not only damages the infringed legal interests,but also challenges the universal law and the stable free relationship.In order to stop this situation,the defender’s counterattack with violence should be recognized,even if it causes serious damage to the infringer.Based on Kant’s double evaluation standards of "quality" and "quantity",the normative provisions on justifiable defense in China’s criminal law "obviously exceeding the necessary limit" and "causing significant damage" should be understood as a parallel relationship,that is,only when both conditions are met can it constitute excessive defense,and only when either condition is met can it still constitute justifiable defense.However,Kant also stressed that when faced with extremely minor illegal infringement,the defender should be restrained,and the defense behavior that can be implemented should be limited.