On The Limit Conditions Of Justifiable Defense

Justifiable defense system is an important part of our country’s criminal law.On the one hand,in the form of law affirms the justification of the system of justifiable defense and legitimacy,encourage people to actively exercise their right of defense;On the other hand,the abuse of the right of defense will lead to the damage of others’ rights and the destruction of social law and order,The law imposes necessary restrictions on the exercise of the right of defence.Defensive limit is the core content of justifiable defense.The defense limit criterion still has considerable controversy in the academic circles and judicial practice,Therefore,it is necessary to strengthen theoretical research and practical demonstration.Based on our defense limits of legislation regulation,on the basis of an accurate grasp of the legislators’ intention,in-depth analysis of the current judicial application of the existing problems and reason,The useful part of defense limit theory in civil law and common law is appropriately used for reference.Starting from the principle of self-protection and the principle of legal confirmation as the justifications of self-defense,Judicial practice should establish the idea of judging with behavior as the core and starting point,Further clarify the connotation of “obviously exceeding the necessary limit” and “significant damage” and the dialectical relationship between them.In the judgment of defence limits.First of all,we should be guided by the principle of risk sharing and the principle of the unity of subjectivity and objectivity;Then we should take the “dichotomy”,the limits of defensive acts are judged from two perspectives: the necessity of the defender to effectively stop the illegal infringement and the appropriateness of the protection of the rights of the infringe,if the act of defense is excessive;Finally,judge whether the limit of defense result is excessive.When all excessive,constitute the defense limit is excessive,on the contrary,it is not over-defended.