Research On The Problems And Countermeasures Of Legitimate Defense System In Judicial Practice

The purpose of this paper is to analyze the existing problems of legitimate defense system in the judicial practice of our country,to analyze the causes of the problems,and to put forward corresponding countermeasures based on the theories of forerunners and the foreign experience.By sampling survey method and the number,rate and impact of legitimate defense and over-defense identified cases in the criminal cases of Guangzhou from 2014 to 2016 as the breakthrough point,the paper is to analyze legitimate defense system in the Criminal law 1997 and Deng Yuhuan Case in the first ten years of this century,Yu Huan Case in the second ten years of this century,and to point out two disadvantages of legitimate defense system in the current judicial practice,which are the too low identified ratio of legitimate defense and over-defense,and the identification of excessive defense bringing out too low positive impact on the cases,and to point out three reasons of the two disadvantages,which are the rough of legislation,the complexion of judicial identification,and the opportunity of identification deviates from impact in the Chain litigation structure.Basing on the above,the paper puts forward the view that perfect the supervision of identification before,in,after the trial in the Procedural law,fix the misunderstanding in the identification from practice,judicial to legislation,to achieve the perfecting goal,from the Procuratorates which have important effect in the front of the Judicial practice,and have duties of the Legal supervision.