The Judicial Application Of Justifiable Defense Studies

Justifiable defence is a basic legal system of criminal law,this law to give citizens the right to self-defense,its purpose is to encourage citizens to participate in ongoing and punish illegal behavior,in order to protect the public interests and the legitimate rights and interests of citizens in a timely manner.But you know,all right,and the border of it,eventually will abuse of power without boundaries,especially the justifiable defense,such as improper exercise,but will be used as an excuse to crime.But in judicial practice,concluded that there are many legislative hurdles and conception of justifiable defense,error,this article through to the justifiable defense and affrays,accidental imaginary defense,defense and other behavior boundaries and differences,so as to accurately define the connotation and denotation of justifiable defense,to give full play to the purpose of the legal effect of justifiable defense.In order to have a clear understanding about these problems,first of all,the author read a lot of literature,from the academic discussion and understanding of justifiable defense and related problems,further clarify the constitutive requirements of justifiable defense.Secondly,the author based on the judicial practice for the above problem is studied,through judicial cases and theory analysis method,to highlight the gap between judicial practice and theory of regulation and judicial practice of the technical problem existed justifiable defense.Finally,among the progress in the study,also USES the comparative study on this method,through the introduction to foreign legislative achievements,to discover the lack of legislation and improvement direction.Through the above research,the author conclude that the first on the boundaries of justifiable defense and fistfight,can cause "duty",behavior analysis "to" the two standard,therefore,type transformation type of justifiable defense,stirred up the justifiable defense is not justifiable defense.Second,the results from the standpoint of the theory of value,and the occasional defense of justice mainly from "whether subjective has to justify the purpose" and "the result is effective to prevent the occurrence of other illegal infringement" to differentiate the two conditions.Third,the "significant harm","clear",such as defining the concept,clear the limits of necessity of justifiable defense.At last,by comparing with excessive defense of imaginary defense before,to define the imaginary defense and its hypothetical problem of excessive defense.All in all,the judicial cognizance of justifiable defense,is a legal problem in the judicial practice,the author through the study on these problems and thinking,in order to construct the theory frame of justifiable defense in China provide a bit of thinking and inspiration.