On the Limits and Conditions of Justifiable Defense
Since the"Yu Huan case"in 2016,there have been different opinions in the field of criminal law theory and practice on the issue of the limit of legitimate defense.Although Yu Huan was ultimately found to have exceeded the limit of legitimate defense,some scholars believe that the conditions for legitimate defense should be appropriately expanded to enable the people to actively exercise their right to defense,protect their legitimate rights and interests,and combat ongoing illegal infringements.Following the"Yu Huan case",the"Yu Haiming case"in 2018 continued this discussion,and a large number of cases began to be recognized as legitimate defense in practice.The author found that the traditional doctrine of the limit of legitimate defense still did not concretize the standard for defense limits.This article will apply constitutional theory knowledge and use the proportionality principle as a test model,combined with specific cases for argumentative analysis,intending to provide a compromise solution that combines theory and practice.
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