The scope of application of justifiable defense is clearly defined in ().

1, in order to protect national interests, public interests, personal, property rights and other rights of oneself or others from unlawful infringement, it must be implemented.

2. There must be illegal infringement.

3. It must be an ongoing illegal infringement.

4. It must be aimed at the infringer himself.

5, can not significantly exceed the necessary limit of causing significant damage.

I. Conditions for the establishment of justifiable defense

1, illegal violation of reality. The reason of self-defense must be the objective illegal infringement.

2. The illegal infringement continues.

3. Self-defense requires the defender to have defense consciousness and defense will.

4. justifiable defense can only be directed at the infringer himself.

5. defensive behavior must be carried out within the necessary and reasonable limits, otherwise it will constitute excessive defense.

Second, grasp the boundaries of self-defense:

1. Intensity of unlawful infringement. The intensity of unlawful infringement refers to the unity of the nature of the behavior, the severity of the damage that the behavior has caused to the object, and the means, the nature of the tools and the location of the attack. Justifiable defense against unlawful infringement, if the defense intensity less than or equal to unlawful infringement is not enough to effectively stop unlawful infringement, the defense intensity greater than unlawful infringement may be adopted. Of course, if the defense intensity greater than unlawful infringement is not necessary to stop unlawful infringement, it is beyond the necessary limit of legitimate defense.

2. Priority of illegal infringement. It refers to the urgency of infringement, that is, the degree of danger caused by illegal infringement to the state, social interests, personal and property rights of oneself or others. The priority of unlawful infringement is of great significance for determining the defense limit, especially when the defense intensity is greater than the infringement intensity, and whether it is necessary to stop unlawful infringement should be based on the priority of unlawful infringement.

3. Illegal rights and interests. The rights and interests of unlawful infringement are the rights and interests of legitimate defense protection and one of the factors that determine the necessary limit. Killing the wrongdoer in order to protect the important rights and interests can be considered as necessary to stop the wrongdoer, so it does not exceed the necessary limit of self-defense. In order to protect the rights and interests of minors, even if it can't be protected, it has caused heavy casualties of illegal infringement, which can be considered as exceeding the necessary limit.

Three. Matters needing attention in special justifiable defense:

(1) Special justifiable defense does not apply to non-violent crimes and violent acts as general violations.

(2) Murder, robbery, rape and kidnapping in the regulations are mainly examples of violent crimes, among which "homicide" is limited to intentional homicide. Whether the transformed crime of murder and robbery stipulated in criminal law can be specially defended should be analyzed in detail. The key is whether personal safety is endangered, and we can't draw a conclusion by what kind of charges are finally established.

(3) "Injury crime" refers to a violent crime with unclear boundaries between murder and serious injury.

(4) "Murder" includes legal fiction in criminal law, such as illegal detention, violence causing death, affray, beating, smashing and looting causing death, etc.

(5) "Robbery" includes the crime of robbing guns, ammunition and explosives; Including the situation of transforming a crime afterwards; Not including "robbery with a murder weapon"; If the unlawful infringement has been completed, but the obligee can recover the loss by taking measures, it can be regarded as that the unlawful infringement has not ended, and the obligee can conduct ordinary defense. However, because the high urgency of illegal infringement has been lost and the high threat of violence to the personal safety of defenders has been eliminated, special defense cannot be carried out, otherwise it will be responsible for excessive defense.

(6) "Rape" includes the rape of abducted women in the process of abducting women; Inclusion of rape in the crime of forced prostitution; The wrongdoer must use violence to commit rape, and the defender can carry out special defense. For non-violent rape, the victim is not allowed to exercise special defense rights, such as using power to coerce the victim to commit rape, and the victim cannot exercise special defense rights.

(7) "Kidnapping" includes kidnapping among women and children, that is, kidnapping women and children by violence, coercion or anesthesia for the purpose of selling.

Legal basis:

criminal law

Article 20

In order to protect the state, public interests, personal, property and other rights of oneself or others from ongoing illegal infringement, stopping illegal infringement and causing damage to the illegal infringer, it belongs to self-defense and does not bear criminal responsibility.