Author(s)

Pan Chao

Corresponding Author

Pan Chao

Abstract

Our country's legitimate defense is divided into ordinary justifiable defence and Special justifiable defence. According to the normative analysis of the legitimate defense clauses, special legitimate defense is not independent of the general existence of legitimate defense, it also needs to consider the issue of defense limits. Compared with the general legitimate defense, the limit of special legitimate defense appears to be more broad. The "Kunshan murder case" is actually an explanation of the problem of special legitimate defense limits. "Significantly exceeding the necessary limit" becomes an important criterion for judging "excessive defence", and comprehensive judgment should be made from the degree of danger faced by the defender in behavior. In order to activate the gradually rigid and justifiable defense system, judicial practice should establish the core value of protecting individual rights, play the proper function of legitimate defense, demonstrate the rule of law, and safeguard social fairness and justice.

Keywords

Justifiable Defense, Llimit of Defense, Institutional Reflection