On The Limit Condition Of Justifiable Defense

The establishment of justifiable defense system is to let citizens have the right to curb lawlessness and fight against it.The premise of exercising the right of defense is that we must observe the limit of justifiable defense,otherwise there is the possibility of overdefending.Of judicial practice in our country,strict control the limit of justifiable defense has become a common phenomenon,a large number of justifiable defence case reflects the moral requirements for defence standard is too high,excessive,as long as dead as a result,unless a huge public attention,otherwise it is difficult to be judged to be justifiable defence,therefore lead to excessive defense in the judicial practice of the number in the defence case is always high,and even easily think defense criminal responsibility shall be borne by name of intentional killing cime in the criminal law of intentional injury,shall be investigated for their responsibility.Based on this,starting from the guiding cases issued by the supreme people’s procuratorate and the specific cases of excessive defense in practice,this paper focuses on the theoretical practice of justifiable defense limit conditions and relevant provisions of the criminal law.In this paper,the necessity theory is adopted in the theoretical standard of defense against judgment of excessive lawlessness.Illegal judgment method confirmed principle as the basic position,to abandon its interests determine whether for justifiable defense measure,in the judgment of excessive defense logic judgment and behavior person adhere to advance position judgment,the combination of the theory as unreasonable place defense line standard points out existing problems and their reasons,attaches great importance to the final damage as a result,the correct practice and with the push for the results of the wrong direction.It is hoped that the conditions and limits of justifiable defense will be relaxed,citizens will be encouraged to boldly exercise their right of justifiable defense in case of unlawful infringement,and the legal order and dignity of the law will be safeguarded,so as to realize the legislative intention of establishing the right of defense in China.