On The Theoretical Foundation And Judicial Implementation Of Self-defense

As an important system of China’s criminal law,justifiable defense system is an effective means for citizens to protect their rights,The system of justifiable defense is conducive to maintaining the stability of social order,maintaining social fairness and justice,and can effectively stop the illegal infringement in a timely manner,which is conducive to protecting citizens’ individual rights,Justifiable defense system has an irreplaceable role and value in the field of modern rule of law.The justifiable defense system has been implemented for many years.However,from the perspective of current judicial practice in China,it is still difficult to avoid becoming zombie clauses.The system of justifiable defense has been widely debated in judicial practice since the establishment of China’s criminal law,and the results of justifiable defense cases have drawn wide attention from the public.Especially,the judgments of "yu huan’s intentional injury case" and "kunshan anti-murder case" in the past two years have aroused heated discussions among the whole people and caused great disputes,The people and even the judicial organs do not have a clear understanding of the boundary between justifiable defense and illegal infringement and even crime,lack a certain grasp of the applicable scale of the justifiable defense theory and system,and there are some differences between the public and the judicial organs,which is not conducive to the establishment of judicial credibility and judicial authority.The author thinks that,apply to a theory of the dispute,largely because of the theory of the nature and content of no profound grasp,therefore,the author tried to jump out of the criminal law of thinking mode,from the theory of the jurisprudence,discusses the essence of the theory of justifiable defense,looking forward to the theory of justifiable defense system provides a new point of view.At present,the research on justifiable defense system in the criminal law field has rich research results and generally has a high research level,but most of them are limited to the discussion on the methodology of criminal law,In addition,the justifiable defense system still has a great controversy.From the fundamental point of view,the system of justifiable defense is actually a question of personal defense right,a game between rights and powers,and a question of interest measurement between the protection of individual rights and the maintenance of law and order.Therefore,the author hopes to conduct a simple analysis and exploration of justifiable defense theory from the perspective of jurisprudence,study the essence and theoretical basis of justifiable defense theory,and discuss the theories of justifiable defense at home and abroad for comparative analysis,hoping to broaden the research thinking of the system of justifiable defense theory.The author apply the theory of justifiable defense a simple comb and cognition,from the perspective of theory,discusses the theory of justifiable defense,according to a some idea,value pursuit,and then analysis the theoretical dilemma of justifiable defense one by one,found the currently applicable to self-defense theory of judicial faces some problems practice,For example,the theoretical disputes between the people and the judicial organs,the current judicial structure itself has some problems,the quality of law enforcement personnel also need to be improved and so on.Then,in view of these problems,the author try to find some solutions that can be applied to resolve the contradiction between the people and the judicial organs,to activate the application of the theory of justifiable defense,to improve the judicial structure,to increase the quality of the staff of the judicial organs and so on.Based on the excellent research results of predecessors,the author of this paper tries to innovate the research paradigm and make up for some blind spots in the existing research results,so as to provide more solutions to the dilemma of the application of justifiable defense theory and system in today’s society,so as to find a way out for the application of justifiable defense theory in China.