On Counter-defense In The Justifiable Defense System

Reverse defense is the reverse transformation of legitimate defense,which refers to the reverse defense act taken by the wrongful infringer to avoid the infringement of the excessive legitimate defense.The universal value of human rights,the original intention of the legitimate defense system,and the objective needs of judicial practice have proved and determined the legitimacy of counter-defense.Since its establishment,the legitimate defense system has been a hot research object in China’s legal circles,and with the continuous enrichment and improvement of the legitimate defense system,some scholars have begun to cover the research on the right of defense to unlawful infringers.The continuous development of human rights theory has made more scholars begin to examine the shortcomings of human rights protection in China’s legitimate defense system,and explore the protection of people’s defense rights in the legitimate defense system,and the system design of counter-defense has been proposed.The right to defense based on human rights theory is a natural human right,which has been widely recognized by countries around the world in contemporary times.However,whether it is legitimate defense or counter-defense,it is fundamentally a defensive act carried out to avoid unlawful infringement,and the law has set the necessary limits for the implementation of the right to defense,and counter-defense should naturally be recognized by law based on the legitimacy of human rights.This article praises the establishment of the right of counter-defense,discusses the legitimacy of its establishment and analyzes the determination of its boundaries.