Judicial Alienation And Correction Of The Limits Of Justifiable Defense

The establishment of the legitimate defense system is an important right that citizens can take necessary measures to protect their legal rights from infringements in the face of infringements by criminals.Article 20,paragraph 2of my country’s Criminal Law clearly stipulates the necessary limits of defense.The condition of the situation,that is,if the legitimate defense clearly exceeds the necessary limit and causes significant damage,it is an excessive defense.In September 2020,the Supreme People’s Court,the Supreme People’s Procuratorate,and the Ministry of Public Security jointly issued guidance on the application of the legitimate defense system in accordance with the law.As a result,the limit conditions for legitimate defense should have been improved at the legislative and interpretation levels.In the long-term judicial practice,there are still misunderstandings in the application of the law regarding the limits of legitimate defense.This article uses empirical analysis as a means to analyze the impact of defense limits in practice on the outcome of the referee by using data.Guided by the analysis results and data factors,verify the existence and performance of judicial alienation under the limits of legitimate defense in my country and analyze its causes.This article is divided into three parts.The first part uses the method of legal empirical analysis to demonstrate the judicial alienation of the determination of justified defense limit conditions in practice,and analyzes the influence of the defense limit conditions in practice on the judgment results through the use of data.The second part analyzes the performance and causes of judicial alienation of my country’s legitimate defense limit conditions through the guidance of data factors.The current judicial alienation of legitimate defense limit conditions is manifested in three aspects: one is the "consequence theory" based on the judgment;Strictly restrict the escalation of defensive force;the third is the procedural alienation that occurs during the trial of the case.From an external point of view,the problem of determining the limit condition of justified defense lies in the theoretical problem of the basic adaptation theory,must say,and compromise theory,but from an internal point of view,based on the deviation of the limit condition shown in the data analysis in practice,The main reason lies in the misunderstanding of tools,methods,and damage results in practice.The factors in these practices are inseparable from the relevant provisions of the evidence law and other practices.Therefore,this article discusses the factors involved in the analysis of the reasons for the judicial alienation of defense limits.Evidence law and related regulations are analyzed for reasons.Finally,the third part of this article puts forward corresponding correction strategies based on the integration of criminal litigation and reasonable consideration of relevant factors.