The Study Of The Limit Condition Of Justifiable Defense

Theoretical world and practical world have an altercation over the way to understand the necessary limits of Justifiable defense,and the legal system’s application not to be satisfactory.The process of judging excessive defense is judging substantial damage significantly,the author bases on case analysis to study the problem of necessary limits in detail.Furthermore,foreign criminal law can offer to our system draw lessons from very well when we study it from a comparative perspective,and discuss theory of Justification of Self-defense also help us to solve it.The process of judging excessive defense is judging substantial damage significantly,so we need to figure out the meaning of obviously overrun,necessary limits,and substantial damage.Behavior in obvious excess can be cognized from ontology and the aspect of standardization,which means the range is significant and areas of doubt in favor of the defender when we explain it.Necessary limits mean that act of defence should be effective and accurate,and the limit is minimal.And that The minimum is flexible.Substantial damage has two meanings,including consequences of serious injury and death,and including minor injury in particular cases.Generally speaking,act of defender exceeding necessary limit significantly means actual defensive act exceed greatly defender’s minimal effective and accurate act.On the judgement of excessive defence,judiciaries should change their traditional view and tough attitude,and set up correct concept.At the same time,they should consider cases’ details and should not put themselves in an objective perspective completely.They also can learning from the theory of subjective judgement,see things from parties’ perspective e stick to com.And they stick to comprehensive judgment from aspects of unlawful infringement’s and defensive act’s nature,means,extent of injury,and environment.The necessary limits of Justifiable defense are the unity of subjectivity and objectivity and in this criminal policy climate,the application of practice should be tolerant and achieve the unity of law,ethic and human sympathy.