Empirical Research On Self-defense In Brawl Cases

Criminal cases caused by mutual brawl between the parties are very common in judicial practice.In such cases,the parties often defend themselves on the basis of self-defense,while the judicial organs usually hold that the acts of both parties belong to "brawl",while the parties’ justifiable defence defences are no longer taken into account.In other words,in practice,"brawl" has become the natural reason for the judicial authorities to deny the establishment of self-defense.Judicial organs believe that the main reason for not establishing self-defense in the fight is that both sides of the fight have the intention to actively harm the other and have no defense purpose,so there is no possibility of self-defense.In reality,each other Once an affray causes injury to the other party,the judicial organ will treat it as a crime,neglecting the investigation of the relevant facts that may affect the establishment of self-defense,and is relatively simple and arbitrary in the reasoning of the adjudicative documents.This article holds that the judicial organs have prejudices and misunderstandings about "brawl",that the understanding of "fighting" in practice is too absolute and one-sided,and that judicial practice denies the existence of self-defense in fighting is too simple and rude.It is not conducive to the protection of civil rights and the maintenance of legal order,to a certain extent,led to the failure of legitimate defense legislation.In fact,this paper argues that the establishment of self-defense is not completely excluded in the case of brawl,and there exists between the two.In certain coincidences and conversions are possible.Whether there is defensive plot and possibility in the fight should be analyzed and judged in the light of the actual situation at that time.Therefore,this paper takes the specific adjudication documents of Jiangxi City and County courts as a sample to analyze the running pattern of mutual brawl in judicial practice,with a view to correcting the prejudice and wrong practices of judicial organs for mutual brawl for a long time.To protect the right of the parties to defend themselves in the case of brawl.