On The Judicial Determination Of Defense Limits In Justifiable Defense

Justifiable defense is a right that the law encourages citizens to use to fight against their legitimate rights and interests when they are illegally infringed by others.However,in many legitimate defense cases in judicial practice,the defender caused serious injury or death to the other party due to his defense,and was rarely found acquitted of legitimate defense.The root cause is still that there are many differences in the determination of the limits of justifiable defense.The "Yu Huan case" and "Yu Haiming case" that occurred in previous years have once again made legitimate defense the focus of attention in society and academia.Among them,the case of Yu Haiming was determined to be justified defense.Just five days,it is a significant progress for the recognition and protection of rights for Haiming himself,and the determination of the limits of legitimate defense in my country’s judicial practice.On September 30,2020,the Supreme People’s Court,the Supreme People’s Procuratorate,and the Ministry of Public Security issued the "Guiding Opinions on the Application of the Legitimate Defense System in Law"(hereinafter referred to as the "Guiding Opinions"),further demonstrating the legal protection of citizens’ legitimate defense rights.determination.However,there are still points in the Guiding Opinions that need to be further explained and supplemented.In order to truly solve the problems caused by the identification of defense limits and implement the "Guiding Opinions" into judicial practice,it is still necessary to have a clear understanding of the theoretical roots behind the practical problems and the academic thoughts contained in the "Guiding Opinions".And understanding.Starting from the academic disputes concerning the determination of defense limits caused by the "Yu Huan case" and "Yu Haiming case",this article summarizes and analyzes the relevant theories behind the disputes in my country,and summarizes the types of defense limits that exist in our judicial practice.Finally,in view of the specific problems in practice,the "Guiding Opinions" are used as the basis to propose solutions.In the first part of the thesis,through a simple statement of the facts of the "Yu Huan case" and "Yu Haiming case",the controversial focus of this case is summarized,and by introducing the different viewpoints of the academic circles on this case,the problem to be discussed in this article is drawn,namely,legitimate defense.There are still some doubts about the determination of the limit of defense in the judicial practice.The second part of the thesis summarizes and analyzes the relevant theories related to the determination of the limits of legitimate defense in my country,including the dispute between the ex post standard theory and the prior standard theory,the dispute between monism and dualism,and the dispute between the basic adaptation theory,the necessity theory and the eclectic theory.Get the theoretical roots that influence the determination of defense limits in practice.The third part of the thesis puts forward suggestions for solving the problem of the determination of justifiable defense limits in our judicial practice.By further explaining and supplementing the relatively abstract explanations in the "Guiding Opinions",and on the basis of the "Guiding Opinions" from changing the cognitive concept of legitimate defense behavior,transforming the thinking of defense limits,and accurately understanding the defense limits Three aspects,including the substantive connotation,propose solutions to the problem of determining defense limits.