What is the defense opinion of self-defense?

If we are threatened, we can defend ourselves. There are two kinds of defense: improper defense and legitimate defense. For a case, if it is self-defense, it is generally a lot of responsibility or no responsibility, so it is very important to distinguish whether it is self-defense. So what is the defense opinion of self-defense? It belongs to self-defense, and the criminal law stipulates that self-defense against violent crimes such as rape and murder does not belong to excessive defense. Therefore, Liu belongs to self-defense entrusted by the defendant Li Moumou in this case and appointed by Zhangye Legal Aid Center. I attended the lawsuit as the defendant's defender. After carefully reading the case file and the court investigation, I now put forward the following defense opinions: The defender believes that the public prosecution agency has clearly identified the facts of this case, the evidence is conclusive, and the procedure is legal, but it has wrongly identified the nature of the defendant's behavior. According to the provisions of Article 20 of the Criminal Law of People's Republic of China (PRC) and Article 128 of the General Principles of Civil Law of People's Republic of China (PRC), the defendant's act of hurting Yang is a typical act of self-defense, and he does not bear criminal and civil responsibilities. Li's behavior should be fully protected by law, while Yang's troublemaking behavior should be condemned by society. Because the case of justifiable defense is complex and of great social significance, the defender sincerely hopes that the court can thoroughly analyze the conditions and social significance of justifiable defense on the basis of ascertaining the facts, correctly understand the legislative spirit of justifiable defense in China's criminal law, and strive to eliminate the interference of the traditional concept of objective imputation consequences formed by the imperfect legal system in China for a long time. From the perspective of maintaining the overall situation of social security and strengthening the construction of the national legal system, closely combining the legal conditions of self-defense, it can help the court to examine and determine the basic nature of the case. Only in this way can we get a fair judgment of the case and receive a positive legal publicity effect. Below, I will explain the specific reasons based on this principle as follows: Article 20 of China's Criminal Law stipulates: "In order to protect the personal, property and other rights of the state, the public, oneself or others from the ongoing illegal infringement, stopping the illegal infringement and causing damage to the illegal infringer belongs to self-defense and does not bear criminal responsibility." "If justifiable defense obviously exceeds the necessary limit and causes great damage, criminal responsibility shall be borne, but the punishment shall be mitigated or exempted." "It is not excessive defense to take defensive actions against violent crimes that seriously endanger personal safety, such as murder, robbery, rape, kidnapping, etc., causing casualties of illegal infringers." According to this regulation, self-defense should meet the following conditions: 1, the infringement suffered by the actor must be illegal, that is, the infringement must be illegal; 2. The rights and interests protected by the actor must be legal, that is, the rights and interests of defense must be legal; 3. Unlawful infringement must be true and ongoing, that is, unlawful infringement must be true and realistic; 4. The defensive behavior must be directed at the infringer himself, that is, the defensive object must be specific; 5, defense can't exceed the necessary limit. According to the facts and evidence of this case, the defender believes that the defendant's behavior fully meets the above legal conditions for the establishment of justifiable defense. In this case, regarding the legality of the defendant's right to defense and the specificity of the defense object, these two conditions are not only very obvious, but also need not be argued. So the defense won't go into details. The court investigation found that the key and controversial issue involved in this case was whether the defendant's behavior met the other three conditions of self-defense. Therefore, the defender mainly stated his defense reasons on these three issues. We need to abide by the above provisions on the question of what is the defense opinion of self-defense. We need to seek truth from facts, be reasonable and well-founded, and have corresponding evidence to prove. Then if the other party says something that makes us angry, we can't show it Make a good impression on the judge and try to defend yourself.