What is the definition of justifiable defense? What is justifiable defense?

For example, if someone wants to hurt you, and you choose to resist, but the other party is too wasteful and is injured, you become overly defensive, and the new guidance makes it clear that the defender cannot be harsh, and is more tolerant of the defender's possible reaction in the face of aggression and pressure, and no longer engages in "whoever is injured is justified".

The following conditions must be met for justifiable defense to be established: 1. Condition of causation. The causal condition of justifiable defense refers to the existence of an unlawful act of aggression that is socially harmful and imminent.

1) There must be an unlawful infringement. (2) Unlawful infringement is not limited to criminal acts. The scope of unlawful infringement should include illegal acts and criminal acts.

3) The unlawful infringement must be real. As for the degree of wrongful infringement, it is usually limited to the wrongful act that is violent, destructive and urgent. '(4) The wrongful offense should normally be committed by a person. ‍‍

The following types of conduct cannot or should not be justified in self-defense: (1) the lawful act cannot be justifiably defended, and the lawful act includes the act of complying with laws and regulations, the act of executing orders, the act of legitimate business, etc.} (2) the counter-defense cannot be exercised against the act of justifiable defense; (3) Failure to exercise legitimate defense against emergency avoidance; (4) Failure to exercise legitimate defense against accidents; (5) It is not appropriate to conduct legitimate defense against excessive defense or risk avoidance; (6) It is not appropriate to exercise legitimate defense against crimes of negligence and omission. Because some of the above-mentioned acts are legitimate and lawful, and some are acts that lack the urgency of the violation, they cannot be the cause of legitimate defense. ‍‍

The issue of changing the scale is the key to judging whether it is justified defense. In the event of danger, we should evaluate whether our act of selling is justified based on the following points:

1.Distinguish between attack and defense: When exercising the right of legitimate defense, it must be carried out under attack, and must not actively infringe on the rights of others. If you actively infringe on the rights of others, then you have lost the right to legitimate defense.

2.Adopt appropriate defensive measures: Acts of legitimate defense should be appropriate and should not exceed the limits they should have, and excessive use of violent means is strictly prohibited. If the behavior is too quiet, it may constitute excessive self-defense and may be punished by law.

3.Necessary defensive behavior: Necessary defensive behavior means that the defensive behavior taken by the attacked party must be necessary and not excessive. The act must be done to protect one's own interests, not to retaliate or punish.

4.Determine whether the attacker is in danger: If the attacker is no longer in danger and the attacked party still takes further defensive actions, it will be considered beyond the scope of legitimate defense, so it is necessary to make a correct judgment about the attacker's behavior.

In general, justifiable defense is a right to protect one's own security and rights and interests, but in practice, it is necessary to abide by certain legal rules. If, in exercising the right of legitimate defence, the person fails to act in accordance with the provisions of the law, he will be punished by law. Therefore, when there is danger, we need to think calmly and take appropriate and reasonable defensive measures to protect our safety and rights and interests.

Just in self-defense,refers to the act taken to stop the unlawful infringement against a person who is in the process of unlawful infringement, causing harm to the unlawful infringer, which is justified defense and does not bear criminal responsibility.

According to Article 20 of the Criminal Law, an act taken to stop an unlawful infringement in order to protect the State, the public interest, the person, property and other rights of oneself or others from an ongoing unlawful infringement and causes damage to the wrongdoer shall be regarded as legitimate self-defense and shall not bear criminal responsibility.

Where legitimate defense clearly exceeds the necessary limit and causes major harm, criminal responsibility shall be borne, but punishment shall be commuted or waived.