An Empirical Study On The Determination Of The Limit Of Legitimate Defense

The defense limit is a core content in the system of legitimate defense,and it is also one of the five conditions that must be met in the establishment of legitimate defense,and it is also a controversial issue in judicial practice.The legitimate defense cases encountered in the judicial trial almost all involve the judgment of the defense limit,and the judgment of the defense limit determines the legality and illegality of the Defense Act.In recent years,several cases of legitimate defense in China,such as "Yu Huan intentional injury case" and "Yu Haiming legitimate defense case",have once again pushed the determination of defense limit to the forefront of public opinion,which has aroused widespread concern in the society.There has been no specific criterion for the judgment of the limit of defense,and the theoretical circles are divided,and the judicial circles have their own opinions on it.Therefore,through the method of empirical research,a large number of judicial practice cases for statistics and analysis,from the judgment to refine and summarize,from the perspective of the legislative purpose of the legitimate defense system,to join the individual thinking and judgment,try to put forward a concrete standard for the determination of defense limits,in order to help the judicial practice activities.The full text is divided into four parts.The first part,the introduction part.This paper makes a brief introduction to the significance and research methods of the topic selection,explains the selected sample cases and makes a detailed analysis,and uses the method of data analysis to classify and count the sample cases.The second part,through the data analysis of sample cases,leads to the problems existing in the determination of defense limits in judicial practice at present.The most important of these problems is still the determination of the defense limit by the result of damage alone,and the requirement of the defense limit is too harsh.The third part,according to the problems summed up in the preceding article,carries on the detailed analysis to the cause of the problem,for the later text to make the groundwork.The typical cases in judicial practice are interspersed and demonstrated to strengthen the persuasion of the argument.The Part IV,aiming at the problems raised in the previous article,putsforward the specific criteria for the determination of defense limits,and joins the real cases of judicial practice for example and discussion.It is proposed that the determination of defense limit should be judged synthetically in combination with the specific circumstances of the case,and the judging criteria of the relevant factors to be considered should be analyzed in detail.Part V verifies the judicial applicability of the proposed standards.Taking "Chen Binting intentional injury case" and "Zhang intentional injury case" as examples,this paper analyzes the case by using the specific judgment standard summed up,draws the conclusion and clarifies its own point of view.Part VI,the conclusion part,makes a brief summary of the contents of the preceding article.