Study On The Dispute Of Justice Defence Judicial Determination

Justifiable defense is the legitimate right of Chinese citizens to be protected by law under the condition of unlawful infringement.However,in China,legitimate defense has always faced great difficulties in judicial determination,especially in recent years,"Zhao YU case" and "Kunshan case" which have attracted public concern.In the meantime,the victim's defensive behavior has not been legally recognized as legitimate defense as in the case of society.At present,in China,the judicial determination of legitimate defense is extremely strict.Whether there is a lot of controversy in judicial practice in the formation of legitimate defense,and these disputes have not been fundamentally resolved for many years.In fact,legitimate defense has a certain political color since it was included in the criminal law.Since then,legitimate defense has been involved in criminal convictions,and there is no judicial determination and sentencing for specific situations in the legal provisions.The results have been clearly guided,and thus the judiciary has been cautiously determined and prudently determined,which has led to legitimate disputes in the judicial practice,and this controversy is not only widely exist in the judicial field,but also in the social democracy.Many misunderstandings and dissatisfaction.From this point of view,the issue of legitimate defense disputes is not only a simple judicial issue,but is gradually evolving into a potential contradiction between the social and judicial power organs.If the problem is allowed to develop,the dispute over legitimate defense may be more serious the problem.Based on this,this paper analyses the issue of justifiable defense,mainly studies the main disputes of justifiable defense in judicial practice,and how to improve this controversy at this stage.This article constructs a clear logical analysis,layers of progressive analysis of the specific issues of disputes,starting from the focus of disputes in-depth discussion,focusing on the legitimate defense of the judicial qualitative and sentencing aspects of the main problems faced by the analysis,and pointed out the reasons for its existence.As for the problems existing in the judicature of justifiable defense,the article holds that the main problems existing at present should be solved from the perspectives of identifying conditions of justifiable defense and promulgating judicial interpretations.As for the problems facing the judicial sentencing level of legitimate defense,we should strengthen the impartiality of the ruling by guiding the judicial organs to practice the concept of fair and just discretion and implementing the judicial personnel accountability system.It is hoped that the study of this article will help to promote the gradual settlement of judicial disputes over legitimate defense in China.