On The Realistic Dilemma And Perfection Of The System Of Justifiable Defense In China

With the progress of China’s social legal system and the enhancement of citizens’ legal awareness,legitimate defense is increasingly concerned as citizens’ rights.The justifiable defense system is also an important criminal law system in China,and it is also a worldwide criminal law system.However,the provisions of the justifiable defense system vary from country to country.Institutional differences will inevitably affect the identification of justifiable defense in judicial practice.The article is based on the theory of criminal law and judicial practice,drawing on the successful experience of the foreign justifiable defense system,so as to better understand the legislative original meaning of the system of justifiable defense,so as to better perfect our system of justifiable defense.The specific content of the article is divided into five chapters.Chapter 1: a summary of the system of justifiable defense.This paper focuses on the basic connotation,theoretical basis and the regulation of the system of justifiable defense in China’s criminal law in order to understand its nature and the legitimacy of its existence.At the same time,we have a preliminary understanding of the status quo of the legislation of justifiable defense in China.The second chapter: the dilemma of justifiable defense in China.Starting from the typical cases in judicial practice,the paper points out some problems in the present situation of justifiable defense in China.The third chapter: the comparative study and reference significance of the justifiable defense system abroad.The justifiable defense system is an international legal system,which stems from the legal basis and moral basis of the existence of justifiable defense.The essence of justifiable defense is the same,but the regulations of different countries are different.Therefore,it is necessary to make a longitudinal comparison of the provisions of the justifiable defense system in various countries.Comparative analysis is helpful for us to learn from each other’s strengths and weaknesses and Ponder on the perfection of our justifiable defense system.The fourth chapter: the reflection of the justifiable defense system in China.In the judicial practice of our country,the analysis of the existing problems of the justifiable defense,to a certain extent,reflects the shortcomings of the system,so we need to reflect on it.The fifth chapter: the perfection of the system of justifiable defense in China.In view of the shortcomings of our justifiable defense system,we put forward some suggestions for improvement.