Thoughts On The Application Of The Limit Conditions Of Justifiable Defense

After sorting and analyzing the cases involving the application of defense limit conditions in the past eight years,the author found that in judicial practice,the tendency of "results only" is very serious,which not only restricts the theory of defense limit conditions to the perfection of the legitimate defense system,but also makes Guiding cases cannot play their role.In judicial practice,there still exist disadvantages such as "armed equivalence theory","post-judgment theory","single condition theory" and other disadvantages that affect the application of defense limits.In order to solve many of the above-mentioned problems,the method to correctly apply the defense limit conditions is: First,for the judgment of excessive defense,the logical sequence of first determining the defense behavior and then considering the defense result should be established.Among them,the defensive behavior limit condition is the main and decisive role,and the defensive result limit condition is the secondary and auxiliary role.Secondly,in determining "obviously exceed the necessary limit","situational theory" should be used as a judgment perspective to consider the limit conditions of defensive behavior.And as to whether the defensive behavior "causes significant damage",it is necessary to prevent the minor injury results from being included,and then it is necessary to not easily make benefits between the results of the damage caused by the defense and the damage caused or possibly caused by the illegal infringement.measure.Finally,the “principle of protection of superior interests” is applied when interest measurement is really needed,but when family members and minor property interests are involved,the principle of protection of superior interests should be restricted by the principle of maintaining legal order.