The Problems And Solutions Of Judicial Application Of Chinese Justifiable Defense

Justifiable defense is an important rule in criminal law,which is related to crime and non crime.And it plays an important role of achieving judicial justice and maintaining social stability.So the scholars never stop of researching this system especially its judicial application.These years,news media always report the trial results of justifiable defense cases which cause wide discussion among people.This paper is mainly researching the problems and solutions of judicial application of Chinese justifiable defense.The first chapter of this article mainly sums up the three mistakes in the identification of justifiable defense,which including the more rigorous determination of unlawful infringement,the direct result-oriented identification of the defense,and the difficulties in identifying the establishment of special defenses.These mistakes make it difficult for defenders to obtain fair decisions and at the same time have caused the public to question the fairness of our country.The second chapter of this article is mainly to find out the causes of these mistakes.There are three main reasons.First,there is a clear contradiction between the defender and the victim.Without the reconciliation of the third party,the pressure from both sides is passed on to the judicial referee.Social pressure is too heavy to make it difficult to make fair decisions.Second,once the defensive behavior made victim killed or wounded,the judicial officer will consciously sympathize with the victim and ignore the illegal infringement he had previously committed.Finally,some judges' grasp of legal provisions is quietly simple,so they cannot handle the complicated cases.The third chapter of this article is focus on solving the problems of judicial misapplication in the justifiable defense.There are three ways of solving these problems.First,judges should appropriately relax the identification scope of unlawful infringement,especially if China's illegal infringement determination is too stringent.This can accomplish the criminal law's aim of encouraging citizens to fight bravely against illegal infringement.Second,we should evaluate the necessity of defense firstly when we judge the unjustifiable self-defense.And this evaluation isn't related to the results of defensive behavior.Finally,we should standardize the identification of special defense's causes.The judicial staff in China has always tried to evade the identification of special defenses.Therefore,the identification of normative conditions is conducive to promoting the application of special defense systems.