Justifiable Defense Judicial Limits Research

Self defense system is a private relief right given to citizens by criminal law.After the introduction of the criminal law in 1979,China's front-line investigators always hold a conservative attitude towards the application of the system.Citizens dare not defend themselves,let alone act bravely for a just cause,and the social order presents a chaotic situation on the whole.Based on this,when the new criminal law was promulgated in1997,the justifiable defense clause was amended,and a provision on special defense was added.The original intention and direction of this legislation are correct,but in the judicial front line,the application effect is still unsatisfactory.When the defender encounters illegal infringement,he is still timid and dare not use justifiable defense,fearing that once the limit is not grasped properly,it may constitute a crime.Over time,justifiable defense has gradually become a zombie clause.The "Kunshan anti homicide case" in Kunshan,Jiangsu Province,in 2018 aroused strong concern in the academic and judicial circles at that time,and once again aroused hot discussion and discussion among the public.Through case analysis,taking "Kunshan anti homicide case" as the starting point,this paper puts forward the problems in the current determination of justifiable defense,such as the judgment of defense time node,adopting the theory of legal interest infringement threat relief;the standard judgment of defense limit adopts the dualism point of view,using the judgment path of "action" first and "result" later.According to the current dilemma of self-defense,combined with the mainstream theory and domain appearance point,this paper analyzes and demonstrates the above problems,and finally returns to the case,believing that Yu Haiming's behavior belongs to special defense,Yu Hailong's behavior with a machete is "murder",Liu Haiming does not exceed the defense time node and the limit of self-defense,so it should be recognized as self-defense.