Study On The Judicial Determination Of Justifiable Defense Limits

The establishment of the system of legitimate defense is a legal means to safeguard its own interests when it is legally infringed by the general public,and it is a benchmark to judge whether the justice is just or not.Although the discussion of self-defense in criminal law circles of our country has never stopped,it is still difficult to grasp the limit of self-defense in judicial practice,which leads to many cases being regarded as excessive defense.In real life,In judicial practice,the facts of cases are similar,but the situation that the results are not consistent is also very common.Although article 20 of the Criminal Code,known as the "sleeping clause ",seems to be gradually active under the release of a series of typical cases,in order to avoid it becoming a " flash in the pan " practice under the focus of public opinion,it is still urgent to refine the rules,establish a more operable limit determination standard,and guide the public to use the right of legitimate defense correctly within the scope of the law.This paper will investigate the judgment of self-defense between 2017 and 2020,analyze the sample cases of revision in the second instance,sum up and analyze the standard of self-defense limit determination in judicial practice,and further interpret the related problems of self-defense in judicial cognizance.At the same time,it also expresses some thoughts and attitudes.This paper is mainly composed of three parts: the first part is mainly to analyze the sample cases of legitimate defense and the present situation of judicial identification.This part is from 2017-2020 all cases involving Article 20 of the Criminal Law selected the first instance judgment is not recognized as self-defense but the second instance as self-defense(or excessive defense)case basic situation to briefly introduce,analyze the sample case basic situation,as well as the problems found.The second part mainly analyzes the problems existing in the judicial identification of the limits of legitimate defense in China.Firstly,the problems existing in judicial identification at present are described,and then the shortcomings found in the sample cases are discussed.The third part mainly puts forward some suggestions.It mainly involves the suggestion of the standard of defense limit determination,the understanding and grasp of "obviously exceeding" and "necessary limit ",and the expectation of the positive effect of juror system and guiding case.