Concerning The Limit Of Over-defense

Unjustifiable Self-defense is an important of Justifiable Self-defense,which is also closely related with the establishment of conditions of self-defense problem.And it is related to defensive behavior whether it is a legitimate self-defense or an offense endangering social behavior. Moreover, the defense of cases encountered in the judicial practice, the vast majority are also demanding to determine that it is self-defense or excessive defense. Thus, the correct solution about excessive defense will be conducive to determine whether it is a criminal or un-criminal, crack down on criminals, protect the legitimate rights and interests of the public interest and citizens, to maintain and consolidate the socialist legal system.However, excessive defense in the judicial practice appears a lot of controversy. Although there is a few self-defense cases, but every one of self-defense cases are controversial. Judges often have very different views on the relationship and understanding of the "obvious" meaning of "significantly exceeds the necessary limits" and "to cause significant harm". Accessing the concept from its generation this paper studies the concept, nature and manifestation of unjustifiable self-defense with the stress on the case of Mao so that unjustifiable self-defense can be properly handled in judicial practice and a clear delimitation can be found to differentiate guilt from innocence. As a result,citizens can also properly and actively employ their right of self-defense.This paper is composed of foue parts:The first part, defended overview. This section first shows the value of criminal law to the influence of excessive defense system,and introduces of the concept of excessive defense and the relationship with the justifiable defense. And then it puts forward to these problems existing in the current excessive defense. Some specific cases prove these problems.The second part analyzes the limit of excessive defense stipulated in the current criminal law of our country. This section analyzes the limit of excessive defense carefully,and defines terms of legislation, "significantly more than", "limit necessary”, "significant harm" and so on.Than the relationship of "clearly more than necessary to limit" and "major damage" is analyzed.The third part discusses how to determine the limits of excessive defense in practice. This section is the core and key of the article. By using the basic theory of criminal law and combining the actual situation in judicial practice, the practice that excessive defense factors should be considered on the basis of the comparison of the comprehensive and detailed analysis.The fourth part analyzes the limit under paragraph 3 of article 20 of criminal law. This part first analyzes under paragraph 3 of article 20, and then analyzes the limit...