Research On Li's Justifiable Defense Case

The system of justifiable defense is that the penalty power that the state monopolizes itself is properly transferred to the people under certain circumstances and circumstances,so that the objective behavior of violating the law and interests is actually guilty of the objective act that conforms to the elements of crime in form,Which will be conducive to safeguarding the interests of law and safeguarding the stability of legal order.This article focuses on the legitimate defense case of Lee and analyzes the justifiable defense system in China's criminal law.In the present case,whether Li's act constitutes a special defense in justifiable defense,the focus of the dispute mainly lies in whether the unlawful infringement is ended after the hiding person is violated,whether the defender's armed search hunt has the intention of infringing upon the victim and whether the assault caused by the fight during the search constitutes death Special defense three aspects.Through the analysis of the case,the following suggestions for improving the special defense right were put forward: Firstly,the special defense should be further perfected in legislation,removing the expression of "criminal" in the criminal law provisions and further explaining in the judicial interpretation the violence endangering personal safety and " Ongoing ".Second,in the judicial practice,efforts must be made to reverse the concept of judicial personnel and encourage citizens to bravely exercise their special defensive rights so as to fight illegal activities.