Admitted defense is an important means for citizens to perform private relief，It allows illegal infringement to be allowed to be allowed in an exception in emergencies。Generally speaking，Private relief and public forces remedy existing that there is a relationship that eliminates the other，The changes in legitimate defense can reflect the structural relationship and change trend between the two。For legitimate defense，can be interpreted from the following three dimensions。

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Article 20 of my country's Criminal Law stipulates the legitimate defense system。Understand the compliance of the defense behavior itself and the exclusion of defense behavior to establish two paths to establish a crime。

Defense behavior compliance is based on the behavioral regulation function of criminal law，Understand Article 20 as behavioral specifications，It aims to guide and standardize citizens to defend in accordance with the law。Follow this path，Just defense not only requires the defender to have a clear subjective consciousness of "right opponent"，The understanding of objective requirements such as "urgent illegal infringement" and "appropriate defense" must also be centered on the value of positive behavior。This interpretation method is of great significance for encouragement and guiding citizens compliance defense，But it cannot be directly used as a guidance for a legitimate defense case as a judiciary。It should be said，Under what circumstances, behavior is legal，Under what circumstances, behavior constitutes illegal crimes，Two problems that are interconnected bet365 best casino games but cannot be equivalent。Whether the defense behavior constitutes a crime is the only criterion for judgment is the crime establishment element under the legal principles of crime，instead of behavior "Violation of the Provisions on Justice Defense"。

Establishment of defense behavior Establishing crimes, the human rights protection function and legal benefit protection function of the criminal law，Understand Article 20 of the Criminal Law as a referee specification，Aiming to regulate and restrict the right to punishment。Follow this path，Only the act of violations of legal and interest can be determined as a crime，and the defense of defense in the form of guilt，Not only does not have substantial legal and benefits，Instead, it protects superior legal benefits，This is the fundamental reason for the defense that does not constitute a crime。From this，Just defense can dilute or even need defense consciousness。As long as the defenders objectively protect the superior legal benefits and have positive value on the result，It is in line with the purpose of the criminal law，Therefore, exclude the establishment of the crime。Corresponding，The interpretation of objective requirements such as "urgent illegal infringement" and "appropriate defense" should be expanded by the protection of legal benefits，Can't be too harsh to the defender。

Two paths are different from each other，There is a certain contact again。If the defense behavior is completely compliant，Positive value of behavior，So there is no harmful behavior in objectively，Of course, there is no need to exclude the establishment of the crime。On the contrary，If the defense behavior is incomplete compliance，Objectively existing harmful behavior，Only need to determine whether the behavior has a positive value at the level of legal and benefits，Then Bet365 lotto review the crime is established。Visible，On the issue of exclusion of the establishment of the crime，Defense behavior as long as they have active value or one of the positive values ​​in the behavior，You can get a positive conclusion。This is different from affirmed crime，It is affirmed that the crime is established only with behavioral anti -value is not enough，It must also have anti -value on the result。

Behind the two paths is different underlying logic，The functional positioning of them in the standard of criminal law、Applicable community、The legitimacy of behavior has obvious opposition and differences。But because the criminal law specifications are both behavioral specifications，It is a referee specification，Both human rights protection、French benefits protection and behavioral regulations triple functions，These two sets of underlying logic are actually integrated into one，Make legitimate defense a confrontation unity with internal tension。

　Public expectations of legitimate defense

The underlying logic of legitimate defense must be gradually realized through staged criminal policy，and the public expects to play an important role in forming a phased criminal policy。It can be said，The underlying logic of the legitimate defense is transformed into social rules that can solve practical problems，Not an abstract conceptual demonstration process，but a practical process of "crossing the river with stones"。

In recent years，With the continuous emergence of hot cases and film and television works，Chinese society continues to pay attention to legitimate defense。From the perspective of public opinion，"Tiandi transmitted by defense cases or film and television works、National Law、Human sentiment "is easy to become the focus of public attention。In the spread of online media，These bet365 best casino games focus is often discussed abstract from specific cases，Discarding opposite views between different communities，The anger psychology generated by the opposition will further drain and strengthen the closure of social information。Public expectations for legitimate defense，It should be distinguished by different communities to grasp。From the perspective of communication theory，The higher the degree of integration of the community，The weaker the inherent opposition to the public's expectations，Vice vice versa。According to the limited size effect，Once the community forms a consensus on public expectations，It is expected that the stability of the content will increase with the increase in the community.。

my country's judicial organs have a strict attitude towards legitimate defense for a long time，The people who are emotionally believed that the case of innocent defense may be guilty。In this context，The public generally looks forward to the establishment of the establishment of legitimate defense in the judicial organs，Requirement of defense compliance。I can't simply negate or affirm the public expectation，But the phenomenon should be seen through the phenomenon，Accurately grasp the intention of the expression。For example，Although the French proverb "does not need to be imposed on illegal concessions" is widely circulated，But people's understanding of this proposition may not be accurate，The person may replace the facts with meaning，Treasure the facts into an incomplete narrative，The conclusion of the preset by giving the "narrative" a certain meaning，To satisfy the inner simple emotion。Despite this，Public expectations still reflect the simplicity of the people in the people，At this stage, criminal policy needs to be fully respecting and satisfied。

　　Possible consensus at the level of action

The possible consensus at the action level is based on action to study and deal with legitimate defense issues，It is different from the underlying logic at the rational level，It is also different from the public expectation at the perceptual level，It is a mobile solution formed after the two collaborative。

As mentioned earlier，The defense system is a oppositional unity of internal tension。If the scope of the judicial organs determines the scope of legitimate defense，Requirements for defense compliance，Of course, it can encourage defense from a personal micro perspective to protect the benefits of the law，But in the macro perspective of society, the "synthetic fallacy error" that may generate excessive expansion of defense rights，Not conducive to behavioral regulations。When the responsibility and risk of the defender are reduced，The responsibilities and risks of illegal infringement have increased，Vice vice versa，Must find a reasonable balance point between the two。In the process of determining the balance point，Reasonable expectations at this stage of the public are important considerations。The choice of abstract discussion balance points is meaningless，The question must be placed in a specific space -time before getting the answer。The expectation of the public at this stage of our country is to expand the scope of the judicial organs to determine the scope of legitimate defense and the requirements for relaxation of defense compliance，This may be able to explain the retreat of the country in the field of rights relief。We should take the country's excessive intervention of rights relief，Leading the rules of the behavior and the weakening of the protection of the legal and benefits，Solution as the current main contradiction。Meeting Bet365 lotto review the public expectations is the key to realizing the inherent unity at this stage。Possible consensus at the action level must be explained by the criminal law to explain the specific implementation。Criminal Law Explanation shaped people's ways to cognition of law and interaction between the two，The common understanding and feelings of the public's interpretation of the criminal law determine the development or death of defense practice，The formation of consensus helps to effectively promote the development and improvement of legitimate defense。

On the one hand，We need to limit the possibility of defense behavior from the perspective of referees。Requirements to fade or abandon defense consciousness appropriately。It will be sufficient to determine that there is a continuous illegal infringement when it is determined that the behavior of the general experience is sufficient，Increased the scope of the determination of urgent illegal violations。The judgment of excessive defense should be centered on the protection of legal benefits，Too much means with the results integrated，Only serious injuries、Death, etc. When the result is too result (at this time, the means must be too should be too)，Only need to identify the defense excessive。On the other hand，We also need to emphasize the importance of compliance from the perspective of behavior specifications。Encourage the defense should try to have a clear defense consciousness beforehand、Defined urgency of illegal infringement、Choose a slight defense method、Reduce too risks, etc.，Avoid the abstract concept of "law should not be concessions"，Instead of replacing the facts with meaning illegal defense。The above two aspects of the claims seem to be contradictory，But it is actually a legitimate defense interpretation bet365 Play online games of the two different areas of judicial trials and laws of general law，Therefore, it can coordinate the internal tension relationship of legitimate defense。

　　(Author is an associate professor at the School of Law School of Beijing School of Materials)