A Practical Review Of Self-Defense

Article 20 of the Criminal Law of our country provides for the self-defense system,but the provisions of this article are too general and brief.There are no detailed provisions on the scope and necessary limits of unlawful infringement and the scope of major damage,and the lack of detailed judicial interpretation to supplement,which makes the application of judicial practice has always been a big problem.This leads to the lack of detailed operational standards in judicial practice and the controversial state of these issues in the theory of criminal law.Of course,these problems arise in judicial practice on the one hand because the legislative aspect is too general and lack of detailed judicial understanding.On the other hand,the judicial trial of judges is influenced by many other factors,which also leads to controversy when cases involving self-defense are often involved.This article will take the concrete cases "Yu Huan case","Wang Lang case" and "Yu hai ming case" as examples to analyze the problems existing in China's legitimate defense system and its influence on judicial practice.And the solution to these problems put forward some of their own ideas.This article is divided into five partsThe first part,Introduction In this part,the background,significance and content of this paper are introduced briefly.The second part,The problems existing in the judicial practice of justifiable defense.Taking "Yu Huan case","Wang Lang case" and "Yu Hai ming case" as examples,this part finds out the problems existing in the judicial practice of legitimate defense in China through the analysis of the cases.The third part,Analysis of the reasons for the problems existing in the judicial practice of justifiable defense.This part has carried on the brief analysis to the above question existence reason.The fourth part,Interpretation of Article 20 of the Criminal Law.Aiming at the main problems existing in the judicial practice of justifiable defense,this partinterprets how to correctly understand this article and draws the correct conclusion.The fifth part,Practical countermeasures.In view of some problems existing in the judicial practice of legitimate defense in our country,this part puts forward some ideas of perfecting judicial interpretation and breaking through the restraint of result-only theory as well as improving the professional accomplishment of judges and so on.