The Plight And Resolution Of Judicial Application Of Justifiable Defense

Justifiable defense system is an important system of criminal law in our country,the defense is the nature of the person's defense behavior into the crime or sin have important significance.Justifiable defense system has implemented for many years,however,apply to the justifiable defense judicial disputes still often voices.Justifiable defence case is,as it were,lead public opinion question the result of the judicial authority to judge one of the most types of cases.Due to inherent ethical justifiable defense system,the judicial organs for the types of cases the referee can even become a test of the justice of society.And the type of case facts and legal principles involved are more simple,more dependent on the value judgment,the enthusiasm of people to participate in the question of justifiable defense is generally higher,the justifiable defense cases often reported all led to a larger social impact.However,due to the cautious attitude of judicial organs,and the media and the public for retribution idea advocated more enlarge the scope of justifiable defense,the judgement of justifiable defence case suffered more social question.Investigate its reason,this article view is that one is our country legal science legitimation according to the unclear understanding of justifiable defense.Legitimation of justifiable defense,according to what constitutes the footstone of the theory of justifiable defense,Answer to it,not only determines the answer to all issues concerning the justifiable defense,and determines the justifiable defense in criminal legislation and judicial practice.Second,within the period of social transformation in our country,especially the socialist rule of law in our country is still in the stage,many social reasons also contribute to the difficulty in justifiable defence that important factors.Therefore,further to find the reasons behind the status quo,problems in precision positioning dissolve the status quo is the key to handle justifiable defence case.This article from the legitimation of justifiable defense according to the justifiable defense and the social reason two aspects analysis identified dilemma in the judicial practice and the way to crack.