On The Dilemma And Resolution Of Confirming Legitimate Self-defense In Judicial Practice

Starting from Deng Yujiao Case to Yu Huan Case till Liu HaiLong Case,the judicial practice of legitimate self-defense is always the focus of the whole society,because the results of these cases not only influence the public sense of justice,but also have huge impact on the reputation of judicial departments.Studying the dilemma of legitimate self-defense in judicial practice is conducive to protecting the regime itself,sweeping away the confusion about the theory of legitimate self-defense,preventing legitimate rights of citizens from being infringed and guarding the prestige of judicial organs as well.However,the threshold of confirming legitimate self-defense in judicial practice is genuinely high.Empirical data demonstrate that most cases involved in legitimate self-defense can not be adjudicated as they are supposed to be,instead,as mutual fight or excessive defense,particularly when there exists serious injury or even death in the case.To study the dilemma and find the solution,this thesis mainly discusses the theoretical conundrum of the limit between legitimate self-defense and mutual fight,legitimate self-defense and excessive defense as well as the misconception of legitimate self-defense in judicial practice by using case-analysis method,empirical method,text-interpretation method and comparative method.After sorting out the predicament that legitimate self-defense can not easily be confirmed in practice,the author analyses the reasons behind it from both angles of theory and practice,which are the imperfect provisions of legitimate self-defense,the unprofessional judicial employees and unreasonable social pressure.Further,considering the environment of judicial organs,this thesis makes up effective and appropriate solutions to the problems,including clarifying the misunderstanding in theory,setting up feasible standards,improving the practice by taking multiple measures and suggesting that the judicial departments should correctly treat public opinions.Only when these actions can be taken can the regime of legitimate self-defense be implemented.