Judicial Misinterpretations and Remedial Measures for Legitimate Defense
The current situation of the recognition of justifiable defense in judicial practice is not optimistic.Due to misunderstandings of illegal infringement,incorrect understanding of urgency,excessive emphasis on the principle of weapon equivalence,and a result oriented approach to justifiable defense,justifiable defense is often overemphasized.It is necessary to correct the recognition of justifiable defense,clarify its recognition standards from multiple dimensions such as cause,motive,time,limit,and result,so that this provision in the criminal law will no longer become a"zombie clause",and truly implement the citizen's right to justifiable defense.
justifiable defenseexcessive defensenecessity in defense
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