The Application Of The System Of Justifiable Defense Studies

The right of justifiable defense is the right of a private aid force that the law gives citizens to protect their own interests in the face of unlawful attack.The criminal law of the PRC,which was amended in 1997,is the current criminal law of our country.The three clauses of article 20 of the criminal law clearly stipulate the conditions for the establishment of justifiable defence and excessive defence.The first justifiable defence;The second excessive defence defense;The third boundless defense,not only provides the legal safeguard for the citizens to exercise the right of self-defense,but also provides the system guidance for judicial organs to decide whether to establish justifiable defense.However,In judicial practice,there are many problems in the application of justifiable defense system.From the study of China's judicial documents network all criminal cases in 2017,criminal suspects and his defenders on the grounds of justifiable defense,defense of judicial precedent,shall be deemed to be justifiable defence case was identified as excessive defense,shall be deemed to be excessive defense case directly to convict sentenced do not show leniency and improper narrowed the scope of justifiable defense system still exists,This is also the main reason for the low identification rate of justifiable defense cases in China's judicial practice.This situation not only violates the original intention of the legislator to set up the system of justifiable defense,but also is not conducive to effectively safeguarding the legitimate interests of citizens.This article is based on a large number of cases,to find out the typical problems in the application of justifiable defense system by judicial organs in practice,and puts forward corresponding countermeasures,So as to provide effective guidance for the correct application of justifiable defense system,so that justifiable defense system is correctly implemented in judicial practice,and citizens' right to justifiable defense is fully guaranteed.