The Influence Of Public Opinion On The Identification Of Justifiable Defense

With China's economic and social development,the citizen's legal consciousness gradually improve,in the network information dissemination under the background of fast,the public concern about some controversial cases,when the judicial organs the processing results of the case and the public's cognitive differences,tend to form the surge of public opinion,impact on judicial trial,yuhuan of shandong liaocheng in 2017 and chop down a person of Jiangsu kunshan in 2018,is two public opinion influence the justifiable defense of typical cases,the two cases are subject to public attention,these two cases linked to the key words is the justifiable defense.Judicial practice in China,the justifiable defense system not very ideal,the applicable conditions for justifiable defense for most cases of law qualitative problems,easily denied the existence of unlawful infringement,improper understanding of defense limit,often at the expense of intentional injury,do not belong to the justifiable defense,or belong to the legitimacy of excessive self-defense and has not been effective for approval,the judicial justice cannot be effectively done.With the spread of yuhuan case and kunshan case on the Internet,the criminal law knowledge of justifiable defense has been popularized by the whole people,and justifiable defense has unlimited right of defense.These legal terms often appear in the discussion space of public media.In the case of yuhuan,the first-instance court decided that yu huan's behavior was not defensive in nature and sentenced him to life imprisonment for intentional injury.Once the result was released,it aroused public questioning and discussion.In the kunshan case,the masses overwhelmingly believed that the cyclist yu haiming in the case not only belonged to justifiable defense,but even did harm control for the people.It was a counterattack that had to be made under the circumstances of being chased and hacked with a knife without any reason.The people's understanding of justice is very intuitive,and their response to the disgrace of their mother and to sudden and innocent disasters is absolutely justified in the eyes of the masses.To some extent,the legitimacy of law itself contains the acceptability recognized by the people.If,on the basis of the timely notification of the case by the police,the public opinion still has great opinions on the actions of the judicial organ and the judgment of the court,it is worth thinking about the deficiencies in the qualitative analysis of justifiable defense in theory and the application of justifiable defense in practice.Social public opinion has far-reaching significance for the impact of the two hot social cases of joy case and kunshan case.Compared with many cases that have not received wide attention,public opinion in these two cases promotes the identification of justifiable defense.Although at present the influence of social public opinion to the justifiable defense is limited to the case,do not have universality,but from the deng yujiao case of nine years ago to now in kunshan,even though the cognizance of justifiable defense is still rare in judicial practice,suitable for justifiable defense system still exist many difficulties,but because these two controversial cases,especially in huan case in 2018,the supreme law guiding cases,are pushing for justifiable defense system applicable in the judicial practice in the progress.This paper is divided into three parts.The first part introduces two public opinion influence the justifiable defense of two typical cases,,shandong liaocheng in huan in 2017 and 2018 in kunshan chop down a person,this paper mainly introduces the basic facts of these two cases,the focus of dispute as well as the impact of public opinion on its,on the basis of the analysis of social public opinion can affect the cognizance of justifiable defense in the judicial practice.The second part mainly analyzes the impact of social public opinion on the cognizance of justifiable defense,first studied the impact of public opinion on justifiable defence that space,then the public opinion influence of justifiable defense reason,finally analysis the positive effects of public opinion,the positive impact of social public opinion on the identification of justifiable defense has three aspects: improving the current situation of excessively strict identification of justifiable defense,supervising the trial process of cases,and helping to achieve the social effect of correctly guiding public cognition.On the other hand,the identification of justifiable defense by public opinion has also exerted a certain negative impact,mainly manifested in the irrational public opinion against judicial justice,affecting the judge's correct identification of justifiable defense,undermining procedural justice and weakening judicial authority.The third part puts forward some improvement Suggestions on the negative influence of public opinion on the identification of justifiable defense.Firstly,the legal boundary of justifiable defense should be clarified,secondly,the supervision of judicial trial should be strengthened,and finally,the relationship between judicial trial and public opinion should be coordinated,so as to reduce the negative influence of public opinion on the identification of justifiable defense and promote the positive interaction between public opinion and judicialtrial.