Research On The Standard Of Self-defense In Public Security Cases

Today,with the rapid development of socialist modernization and the rule of law,the combination of citizens’ compliance with discipline and law,as well as fair and civilized law enforcement by law enforcement agencies,has led to an increasingly favorable public security environment in China,and the crime rate has been decreasing year by year.Although the incidence of major malignant crimes has been controlled,illegal activities in society have been repeatedly prohibited,which has led to a high frequency of application of the Law of the People’s Republic of China on Public Security Management and Punishment.Despite repeatedly promoting the ’cost of violating the law’,in a complex society,citizens’ legal awareness cannot fully match their own behavior.Public security cases caused by trivial matters or disputes often occur,and in the process of law enforcement,we often hear the voice of ’I am a legitimate defense,why should I be punished’.Public security organs often use the lack of provisions on "legitimate defense" in the Public Security Management Punishment Law as a reason to explain,which leads to the majority of actions taken by both parties in public security cases being recognized as mutual brawl.In recent years,an increasing number of public security cases have been known to the public,pushing the public opinion on the recognition of legitimate defense in public security cases to a new level.It is imperative to clarify the standards for the recognition of legitimate defense in public security cases.Therefore,this article will provide suggestions on the standards for determining legitimate defense in public security cases from the perspectives of legislative status and judicial practice.This article first analyzes the current situation of the application of self-defense in public security cases,and draws out the reasons for the low proportion of self-defense in public security cases in China,so as to find out the difficulties in the application of self-defense in public security cases,and then analyzes and discusses the specific identification standards of self-defense in public security cases,and on this basis,puts forward specific suggestions for the construction of identification standards.The content is mainly divided into the following four parts:The first part mainly analyzes the current situation of the application of self-defense in public security cases.Through the analysis of data and cases,it finds out the current situation of the application of self-defense in public security cases,and then leads to the legal thinking caused by the identification standard of self-defense in public security cases.The second part mainly discusses the legal thinking caused by the current situation of legitimate defense in public security cases,and deeply analyzes the difficulties in the application of legitimate defense in the process of handling public security cases in the practical field,so as to demonstrate the importance of clarifying the standard of legitimate defense in public security cases.The third part aims at these difficulties in the identification standards of justifiable defense in public security cases.By comparing the identification standards of justifiable defense in the field of criminal law,and based on the nature of public security cases,it constructs the identification standard system of justifiable defense in public security cases,and puts forward the important significance of clarifying the identification standards of justifiable defense in public security cases.The fourth part will be based on the practice of justice and law enforcement,combined with the current situation of our society and judicial practice experience,put forward suggestions on the construction of the standard of justifiable defense in public security cases,and look forward to the future.