On the definition of the necessary limits of legitimate defense
School of Law, Henan University
Abstract：The boundary of legitimate defense is in between “legitimate” and “excessive”. The lack of clear definition is a big gap in the law. The definition of the necessary limits of legitimate defense in the criminal law theory circle is inconsistent. In judicial practice, it is often difficult to accurately make the judgments involving the limits of defense behaviors, thus imposing strict restrictions. On the basis of expounding the justification of legitimate defense behavior and its boundary with over-defense, this paper deeply explores the reasons why legitimate defense is difficult to judge in judicial practice, and changes the “result unique theory” at the judicial and legislative levels. Based on the appropriate requirements of the limit of defense behavior and the comprehensive consideration and analysis of the conditions for determining the necessary limits of legitimate defense, it is proposed to establish the early intervention mechanism in procuratorial organs and to exclude administrative interference during judicial trials, promoting the proper use of a legitimate defense and the fair handling of legal cases.