Article 20 of the Criminal Law in my country clearly stipulates the proper defense right of citizens，Fair defense behavior implemented in accordance with the law，Protection of criminal law。August 2020，Supreme People's Court、Supreme People's Procuratorate、Notice of the Ministry of Public Security issued the "Guiding Opinions on Application of the Regardless Defense System in accordance with the law"，The cause of legitimate defense、Time、subjective、Refined with the object and limit。But in judicial practice，In some complex situations，The definition of the nature of behavior still has practical disorder。Especially for the common "both parties" situation for common "both parties"，How should you properly determine the proper defense? This paper argues that，The following three legal standards should be grasped。

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physical conflict caused by folk disputes，Most do not constitute criminal crimes，Usually illegal acts that violate public security management。In the current "Public Security Management Penalty Law"，The applicable clause of the properly mentioned bet365 best casino games defense is not publicly mentioned。But the "Explanation of the Public Security Organs Explanation of the Public Security Management Punishment Law of the People's Republic of China (II)" stipulates that "to prevent illegal infringement in order to avoid violating the infringement of public security management behaviors. Behavior，Not a violation of public security management behaviors。But picking up in advance、Drive to tease others to infringe on yourself，Then acts that infringe on others in the name of preventing illegal infringement，and fighting each other，Public security management punishment should be given。"Although the regulations did not use the text of" legitimate defense "，But in essence, it has affirmed the application of legitimate defense in public security cases。

This article also supports this view，There are four reasons for the following four points。One is that legitimate defense is a legal right，Dedicated by the degree of infringement in public security cases is not high。Second, proper defense is suitable for public security cases，Following people's common sense and logic experience，Have "love、Reasonable、Feasible "public opinion foundation。Third, proper defense is suitable for public security cases，Realization of its institutional significance，Make everyone when everyone faces "illegal"bet365 best casino games ，According to the "law", you can not fear、Protect yourself without worry。Fourth, right defense applies to public security cases，helps to improve the existing system specification system，Improve the level of rule of law for social governance。

Second，Just defense should include aggressive means，It should not be limited to restrictions or restrictions。

Both sides' hands -on limb conflicts include two situations。One is the first attack，The other party did not take offensive means to fight back，Only use constraints or restrictions to fight back (such as holding the opponent's hands and feet or restraint arms); second, one party first attack，The other party also takes punches and kicks，Even the attacking behavior of counterattacks with weapons to fight back。In the first situation，The behavior of the follow -up of the hands can usually be identified as a legitimate defense，The nature of the behavior of the aftergame in the second situation，But the controversy is quite large。

This article thinks，Attack means should also belong to the means of reasonable use of proper defense。First, in the strong anti -limb conflict，Simply adopting avoidance or restraint can not be enough to prevent the occurrence of "personal danger"。Second, the legislative purpose of legitimate defense is to advocate "legal right to be wrong"，Do not exert excessive legal Bet365 lotto review liability on the backbacking side of the infringement。Third, under the premise of "urgency"，If you do not have the conditions to use restrictions,，Any attack can be used legally and reasonably。

Of course，Take offensive means must fit the "Principles of Millets and Threats"。For the back of the back,，As long as it has the intention of curbing illegal violations，Objectively play the effect of curbing and reducing illegal violations，You can take offensive means。Only this，Just the defense system can "protect the back of the attacker" while "detercing the first attacker"，Form "Face illegal attack，Social consensus that resolutely fight back in accordance with the law。

　　Last，The number of "mutual fighting" in physical conflicts is more objective and rational。

In judicial practice，There is a phenomenon that "mutual fighting" is far more than identified "legitimate defense"，Criticize it as a "harmonious mud" with views。This article thinks，Although it is not ruled out that the existence of individual "and thin mud" phenomena in judicial practice，But the number of "mutual beatings" is determined that the number of "mutual beatings" is actually objective and reasonable，blindly attributed to the inertia of judicial staff，It is a prejudice。

physical conflicts caused by contradictions and disputes have specific "behavioral chains" and Bet365 app download "human nature considerations"，In the case of both sides attack，The prerequisite for correcting the legitimate defense is to analyze the entire behavior process。From a behavioral perspective，Conflict generation、The conflict is upgraded to mutual attack，Is an irreversible systematic process。On the one hand，Body conflicts often exist in the stage of "from moving to the hands"。In the behavior chain of the gradual upgrade of both sides，It is difficult to exist to the party of absolute "occupation or infusion"。On the other hand，The intention of using a linguistic provocative hand may have intention to intensify contradictions。In practice case，Through insults and abuse, I deliberately irritate each other，A large existence of the opponent's implementation of the attack behavior。System decryption limb conflict，Be sure to combine live situations，Comprehensive consideration of the insulting content of the dynamic mouth，The impact on the insulted person，Factors such as the action and strike results of the hands -on，To determine the nature and responsibility of the behavior and responsibility of both parties。

From the perspective of human nature，"Return to the teeth，Eye with the Eyes "is a human natural instinct。In the case of provocation or attack by others，Most people will choose the most direct、bet365 live casino games The most powerful way to fight back，and actively seek instant realization of the attack effect，Often ignores the purpose of defense、means and limit。So，In judicial practice，The number of mutual fighting behaviors in physical conflicts caused by civil disputes is indeed more，This phenomenon is in line with the evolution logic and humanity considerations of the behavior chain，It has its objective reasonableness。

Comprehensive，Whether it is criminal or public security cases，All must accurately understand the legislative meaning and composition elements of legislative legislation，Opposition results、The only stable "who is making trouble" and "who hurts who hurts"，Resolutely defend the spirit of the rule of law that "cannot be concession to the law"。For this，The behavioral chain and endogenous logic of the behavior of the contradictions and disputes caused by the contradictions and disputes，Properly determine mutual fighting and legitimate defense，Realize political effects、Harmony and unity of legal effect and social effect。

　(Author is an associate professor at the School of Criminal Justice, Shandong University of Political Science and Law)