Research On The Case Of Zhao Yu's Legitimate Defense

Article 20 of the criminal law of China stipulates the system of justifiable defense.As one of the reasons for elimination of illegality,it is divided into three parts,namely justifiable defense,excessive defense and unjustifiable defense.The purpose of the establishment of defense system is to encourage citizens to have the courage to fight against crimes,which is of great significance in combating crime and protecting property legitimate rights.However,in judicial practice,the wrong demarcation between self-defense,over defense and intentional crime leads to obvious deviation in the implementation of self-defense system,which greatly affects citizens’ behavior to prevent illegal infringement,and even makes the public doubt the credibility of the judicial system.From the perspective of Zhao Yu case,based on the concept,elements and related theories of self-defense system,this paper analyzes the dispute focus of the case.Combined with the current situation of the strict identification of self-defense in judicial practice,and proposes clarifying theoretical errors,introducing the theory of probability of anticipation,the social equivalence theory,improving the judicial interpretation and the case guidance system these four suggestions.In order to provide practical reference for the judicial application,so that the self-defense system can truly promote social fairness and justice,and protect the rights and interests of the people.