The Theory On The Limits Of Justifiable Defence

The limit of justifiable defense has always been the focus of theoretical research on criminal law.In recent years,with the emergence of some hot cases,the limit of justifiable defense has once again become the focus of theoretical and practical circles.Therefore,this paper will study the relevant theoretical theories and real cases in order to put forward their own views on the limits of justifiable defense.In the first part of the article,through the two facts similar but different processing results of the case,which leads to the consideration of the limits of justifiable defence problem,and specific analysis of the judicial organs of the referee or deal with reason,proposed own view,think two different case processing result is closely related to long different theory.The second part introduces different theories about the limits of justifiable defense and their views.These theories can be divided into two categories in this paper,a class is based on the strength of your defense behavior of three kinds of theories,including the basic corresponding to said,must and will be the first two theory combine to produce appropriate said,and discusses the merits of the three kinds of theories,it is concluded that the three theories are not perfect conclusion to solve the problem of the limit of justifiable defense behavior;The other is the two theories from the perspective of the relationship between defense behavior and damage result,including oneness theory and dualism,both of which subdivide the limit condition into behavior limit and result limit.The difference between them is that the oneness theory believes that the judgment of the limit only needs to judge the damage result,because if the result is too appropriate,the behavior will be too appropriate,while the dualism believes that the behavior limit and the result limit must be judged separately,and only if they are satisfied at the same time can the defense act be considered to exceed the limit condition.After analyzing the two theories,a more reasonable conclusion of dualism is drawn.In the third part of the article,mainly through the study of the relevant judicial documents of excessive defense,and found that the judicial practice to the limit of justifiable defense way "results" only mistake,even defensive behavior is unnecessary judgment are also affected by theory of "only the results,in addition to a handful of the judicial organs for" significant harm "as well as understanding of justifiable defense established condition,there is a problem.In the fourth part,it discusses how to correctly judge the limit of justifiable defense from two aspects of defense behavior and damage result.