Dogmatic reflection on the limits of legitimate defense in specific contexts
Due to the general provisions on legitimate defense clauses in the criminal law and the high frequency of defense cases in reality,the issue of the limits of legitimate defense is not only a blind spot and pain point in legislation,but also a focus of judicial controversy.In order to further determine the limiting conditions of legiti-mate defense,it is necessary to make it clear that the basic nature of the right to legitimate defense is the right to active defense,and to take into account different specific contexts such as the identity of the defender,previous behavior,possession of weapons and location as the pointcut and conduct corresponding doctrinal reflections.Spe-cifically,it includes achieving a balance between the possibility of predicting the extent of illegal infringement and defense methods,and making reasonable distinctions between precise defense and general defense,excessive in-tensity and excessive time,emergency defense and non-emergency defense,etc.;at the same time,puts emphasis on the necessity of preventive defense to ultimately lead to a refined doctrinal framing of the limits of defense.
specific contextdefense limitsactive defense rightpreventive defense
NETL
NSTL
万方数据
