Discussion On Legal Problems Of Self-defense

The legal defense is an important system in the criminal law, a power entitled to the citizen by the law and is of great significance to mobilizing the masses to fight against the criminal act. In recent years, there are a large number of cases involved in the limit of the legal defense in the practice, such as the citizens are forced to defend themselves when suffering injury with violence, which causes death and the citizens kill the escaping suspect after being robbed, making the legal defense become the focus of public attention. Especially the judiciary differs greatly in the decided results of some cases, making the public more puzzled about how to conduct the legal defense. This phenomenon shows the puzzlement about the legal defense in the practice and reflects that the theory circle still needs to make further deep research on the understanding and application of the constituent elements of the legal defense.In view of the status quo of the judicial practice and theoretical research, this paper selects a case in the judicial practice in which there is a dispute over whether it constitutes the legal defense, researches and analyzes the relevant issues in the legal defense in the form of the case analysis and report and proposes the author’s opinions.This paper consists of five parts with about16,300words.Part One introduces the details of the case, specifically including the summary and basic information of the case.Part Two discusses the focus of the case. According to different opinions of the recognition of the handling departments, the author comes to the controversial focuses, including the effect of the intent of the legal defense on the nature of the act, the standards for the termination of the unlawful infringement, understanding and application of the special defense and the requirements for the evidence recognition of the legal defense.Part Three elaborates the disputes and the controversial opinions. In the handling process of the case, there are mainly different opinions on the four focuses of the case.Part Four comes to the conclusion of the research. This part comes to the conclusion and combining the theory with the understanding and application in the practice and by analyzing and researching the selected case. This part firstly analyzes the concept and legislation of the legal defense, then discusses the following focuses and then comes to the conclusion:1. the conclusion on the subjective aspect of the legal defense: understanding and will are twoorganic factors in the defense intentions，both of which are indispensable in the constitution ofthe legal defense and will is the key to differentiate the legal defense from melee and in thepractice the subjective will of the defender can be judged in combination with the objectiveact of the defender, improving the judicial operability;2, How to recognize the termination ofthe unlawful infringement: whether the urgent danger caused by the unlawful infringement isruled out shall be used as the standards for the judgment over the termination of the unlawfulinfringement and in combination with the case, make analyzes the specific recognition of the’offenders having been controlled in the several circumstances of the termination of theunlawful infringement, propose that the standards for the reco’gnition of the offenders havingbeen controlled shall basically control the act of the offender and the offender has noobjective conditions for further infringement in the social common notion;3. relevant issuesin the limit of the defense: in combination with the case, propose to provide for the damagestop obligation of the defender to avoid the signiifcant harmful results from the minor injury,since in the trial practice, there are many defenders who are imposes penalty owing to theproper defense, causing the misunderstanding of the masses, the provision for the damagestop obligation is more conducive to the implementation of the legal defense system.Part Five is the conclusion. When handling the intentional injury cases especially themelee injury cases, the judicial personnel must make overall inspection over the time, place,motive, purpose, means, method, process, damage and consequence of the case，exclude theconlficting evidence and find the facts of the case so as to provide factual base for the analysisand judgment of the nature of the act.