Abstract:
The existing boundaries of self-defense which is positive coupling increase the burden of defender, reflect a strong concept of state power, These lead to the applicable of the self-defense is so low in the conviction practice. Maybe the reason is public authority pay a lot attention and esteem of the value of law order. Freedom is the core value of the law, order is the basis value of law, Both freedom or order must according to the social situations changes and make the value choose. The boundaries of self-defense need shift urgently especially in the social transition, from positive coupling to adverse list, from utilitarianism to social fairness. So, base on the dynamic balance between freedom and order, make a good law governance, help the national governance capacity and system modernization.