A Study On The Misconceptions Of The Legal Understanding Of Public Security Organs In Handling Cases Involving Legitimate Defence

Justified defense system is an important part of China’s criminal law,is the legal basis for citizens to exercise the right of defense in the face of unlawful aggression,which is irreplaceable in the fight against crime.Public security organs,as the investigative organs of criminal cases,fully and correctly identify legitimate defense at the beginning of criminal justice cases to ensure that the goal of saving judicial resources,protecting citizens’ rights and improving the credibility of public security organs in law enforcement can be achieved.As a people’s police officer,the author,through the analysis of the guiding cases and typical cases issued by the Supreme People’s Procuratorate and the Supreme People’s Court,and the statistics of case processing data from 2019 to 2021 in his public security branch,found that the current situation of public security organs handling cases involving self-defense is not optimistic.An important reason why the public security organs handle cases involving legitimate defense is not optimistic is that there is a legal misunderstanding of the system of legitimate defense.This paper seeks to explore the reasons for the misunderstanding of the law,and focuses on finding a solution path to get out of the misunderstanding of the law.This paper consists of the following three parts,in addition to the introduction and conclusion:The first part is the misconceptions of the public security organs in handling cases involving legitimate defense,mainly in three aspects.The narrow understanding of the"cause of defense" includes the understanding of the scope of "wrongful attack" and the understanding of "urgency";the point understanding of the "defense time The point understanding of "defense time" includes the understanding of "ongoing" and the understanding of "continuity";the sympathetic understanding of "defense limit" includes the understanding of The compassionate understanding of the "limit of defense" includes the understanding of the result of damage and the blind reliance on the "result-only theory".The second part is the reasons for the misunderstanding of the public security organs in handling cases related to self-defense,mainly: the abstract nature of the law and different legal interpreters’ education,experience and other circumstances will appear different theories and views;the public security organs in the process of handling the case,the results of light intention,the behavior of light process and the nature of public security organs is closely related to the imbalance between punishment and protection;coupled with the "strictness" of the requirements of the application of self-defense,the public security organs in handling cases related to self-defense,the misunderstanding of the law,failure to identify the correct comprehensive legitimate defense.The third part is the path for the public security authorities to overcome the misunderstanding of the law in cases involving self-defence,mainly: the right to interpret the law on the premise of evidence and facts and on the basis of justice;the correct application of the conditions for self-defence;the strengthening of internal and external supervision mechanisms,with the internal legal and disciplinary departments of the public security authorities playing a role;external supervision by the procuratorate,the media,the jurisprudence and the parties involved is also essential;and the establishment of the concept of "defender immunity" based on the introduction of the theory of "miscarriage of justice privilege" into the determination of self-defence and the correction of the "result-only theory",so as to promote the development and progress of the self-defence system.