Research On The Applicable Predicament And Countermeasures Of Justifiable Defense

With the progress of social legal system,citizens’ sense of self-right has been strengthened.The system of justifiable defense is gradually becoming an important legal system in our country and even in the world.The orderly operation of the justifiable defense system not only involves the sense of social justice,but also is closely related to the judicial credibility of government departments.The difference of system and the present situation of legislation directly determine the level of the execution of justifiable defense system.The formulation of the system of justifiable defense is an inevitable choice of the country’s political trend.Only by correctly handling justifiable defense cases can it be more conducive to national stability and social harmony.However,in practice,the judicial identification of justifiable defense is too cautious,and even sets a high threshold for the establishment of justifiable defense,which directly leads to the judicial organ’s handling of cases like yu huan and deng yujiao’s causing public controversy.Law comes from life,and the public’s questioning of the outcome of the case also directly reflects their questioning of the law,which greatly reduces their respect for the law and even the country.Of course,in practice,we should not blindly cater to the public’s attitude towards justifiable defense,arbitrarily lower or cancel the threshold for the recognition of justifiable defense,and we should still adhere to the position of objectivism in the judicial field.Based on the judicial practice,this paper analyzes the current situation and predicament of the application of justifiable defense system through the collection and sorting of materials,combining with the foreign legal system,and looks for the causes from the two aspects of the definition of concepts and social factors.Finally,it proposes specific applicable countermeasures to improve the judicial practice.The article is divided into four parts.In the first part,from the "yu huan justifiable defense case" with high social attention,the typical cases are combed and analyzed.The main focus of the dispute in the case is whether there is illegal infringement and the defense limit,and then the application of the system of justifiable defense in the current judicial practice is reflected from the focus of the dispute.The second part,based on the current situation of judicial practice,sorts out the current application problems,embodies the application dilemma of justifiable defense in judicial practice,and sums up the main difficulties in two aspects: unclear identification standards and non-standard judicial application.Further analysis of the causes of the dilemma of the application of justifiable defense.From the elements and social factors of the two dimensions of analysis.In judicial practice,due to the insufficient understanding of justifiable defense,the understanding deviation of unlawful infringement,defense intention and defense limit is caused.At the same time,due to the influence of traditional concepts,universal values and the judicial system,they all lead to the dilemma of the application of justifiable defense.The third part makes a comparative study between China and foreign countries on the identification standards of justifiable defense in combination with the above difficulties,absorbs the advantages of the identification of defense standards from outside the region,and tries to rationalize the identification standards.The fourth part,on the basis of clarifying the causes,puts forward countermeasures.From the perspective of internal causes,the definition of illegal infringement should adhere to the principle of objectivism,pay attention to whether legal interests are infringed,and avoid limiting the identification of illegal infringement.For the purpose of defense,the restriction on cognition should be reduced and the additional influence of moral factors should be eliminated.To prevent the defense limit from being divided and measured,we should fully consider the causal relationship between the behavior limit and the result limit,so as to avoid falling into the erroneous zone of "results-only theory".From the perspective of external cause,to cope with the complex and changeable situation in practice,in order to pass the case to clarify related judicial interpretation,guiding concept,to the judicial organs have disputes,timely response and interpretation,improvement of judicial examination system,practice moderation in combination with public opinion,accept social supervision,promote the run in the sun.