Justifiable Defense Judicial Difficult Issues Research

China's judicial organs not only have a negative tendency in the identification of justifiable defense,but also in the specific identification of legitimate defense in the sense of unlawful infringement,unlawful infringement and excessive defense in the process of the criticism of scholars.The unlawful infringement in the sense of justifiable defense has all-directional and multi-level connotation,including not only the unlawful infringement by non-violent means,but also the infringement of freedom,property and other legal interests.For example,the unlawful detention in the case of pleasure constitutes the unlawful infringement in the sense of justifiable defense.In order to prevent the abuse of rights,urgency is necessary in the identification of justifiable defense.To equate violence with urgency is a mechanical and one-sided understanding of urgency.To the judgment of the violation is not subject to form,but should grasp the qualitative judgment standard,actually to legitimate rights and interests of the victim is faced with by the start of the immediate danger as illegal infringement judgment standard,to immediate danger ruled out as a violation of the end time criterion,on this basis,hai-ming yu case when ryu injured ran to the BMW violation is not over,so you can't to the justifiable defense behavior of hamming fracture evaluation.Excessive defense is the unity of excessive behavior and excessive result.In view of the mistake of "emphasizing the result and neglecting the behavior" in current judicial practice,it is suggested that we should pay more attention to excessive behavior,and judge whether the defensive behavior obviously exceeds the necessary limit based on necessity.