Research On Issues Of The Justifiable Defense

Justifiable defense is a legal circumstance of criminal law, and there area lot of cases in the judicial practice. The definite provisions of the criminallaw, however, did not represent that the effect of the judicial practice is good.In judicial circles, there are different understandings about the boundary ofthe justifiable defense and the content of violation, which make the justifiabledefense system difficult to carry out，and even some non-statutory plots suchas the victim fault are more easier to implement. Starting from a case, theauthor introduces the dispute focus on the use of self-defense system injudicial practice; combined with the legislative purpose and the constitutiverequirements of the system，the author does some theoretical analysis anddemonstration about the system, and discuss some problem about how toidentify the boundary of the defense, violations and other issues concerned,hoping to find some way to resolve the practical problems.The first part: the author analyzes a case that frequently appears injudicial practice, lists the controversy on the case, as well as the judicialjudgement of the case, which embodies the criminal justice practice in Chinaand also find some material for the following analysis.The second part: the author introduces and analyses the legislations onthe limits of self-defense in all countries, and points out the significance of thelegislation in China. The third part: the author explores the judicial determination of thenecessary limits of justifiable defense in China’s criminal law, elaborates theconcept, the nature of the limit of the defense, comparatively analyzes variousacademic views of the theoretical circles on the limit of the defense, putforward the basis for consideration of the necessary limits, then discusses thenature of the unjustifiable defense and the issues of the special defense righton the basis above.The fourth part: the author investigates the difficulties of criminalviolation, elaborates the concept, the features of the criminal violation,emphasizes that in order to recognize the justifiable defense, we need toclear the content and substance of the violation first to. And then the authoranalyzes some theoretical controversial issues from the perspectives oforigins, nature and characteristics of the violation.The fifth part: on the basis of the theoretical analysis above, the authormakes a critical analysis of the cases cited herein and proposes a improvingsuggestion for the defense system.