The Dilemma And Outlet Of Judicial Application Of Justifiable Defense In China

Justifiable defense is an important system stipulated in the criminal law of our country.It is a powerful weapon to protect citizens' legitimate rights and interests in the face of illegal infringement.However,in judicial practice,there are many obstacles and theoretical errors in the application of justifiable defense.Yu huan intentional injury case is a typical case.The verdict maintains that yu huan has a defense plot,but at the same time establishes an undue defense.This verdict reflects the public's concern about the case,but there are still disputes about whether huan's behavior is improper in theory and practice.In practice,judicial personnel often deny the establishment of justifiable defense based on the defense results,and fail to confirm the establishment of justifiable defense in a large number of cases,which leads to the expansion of undue application of defense and the narrowing of the space scope of justifiable defense,which is contrary to the original intention of the legislation of justifiable defense.With the continuous improvement of the legal level of human rights,it is necessary to further explore the judicial application of justifiable defense.To this,this article in the Chinese judicial documents online collected in2012-2019,a total of 60 cases for analysis and comparison,to highlight the gap between judicial practice and theory of regulation and problems existed in the practice,this paper,according to the information collected by the justifiable defense judicial application present situation,applicable situation were analyzed,such as its connotation and denotation is necessary to define and clarify the law applicable to the standard of justifiable defense.This paper is mainly composed of three parts.The first part is mainly the description of the current situation of justifiable defense judicial application and the sample analysis of 60 cases,which focuses on the application of justifiable defense by the court and the procuratorate.The second part is to sort out the main problems of justifiable defense in practice and analyze the reasons for its improper application.The third part mainly from the justifiable defense identification standards,judicial application,defense concept and other aspects of the application of "activated" justifiable defense path.In a word,the judicial application of justifiable defense is a difficult legal problem in judicial practice.Through the discussion and research of the above issues,this paper puts forward the path thinking of "activating" justifiable defense,so as torealize the reasonable application of justifiable defense in judicial practice.