The Dilemma And Way Out Of The Determination Of Justifiable Defense

The self defense system has a profound historical origin and plays an important role in China's criminal law system.Self defense is a right of private relief given to citizens by law,which has the characteristics of legitimacy,legality and harmfulness.It plays an important role in highlighting social justice and maintaining social stability.For a long time,there is no consensus on the judgment of illegal infringement and the choice of defense behavior in the theoretical circle of criminal law in China,which leads to a lot of disputes in judicial practice.In judicial practice,due to the problems such as the high standard of self-defense and the wrong mode in the trial,the self-defense is in a dilemma.In order to solve the current dilemma of self-defense,the judicial organ in practice can not blindly cater to the public opinion,excessively relax the standards of self-defense,nor adhere to the past conservative attitude,dogma,rigid implementation of the relevant legal provisions of self-defense.The judicial organ should consider the case from the objective reality,integrate all the subjective and objective factors,and adhere to the principle of seeking truth from facts,so as to achieve the unity of legal effect and social effect.In order to improve the legislation and judicature,we must face up to the theoretical dispute of self-defense,make clear the choice of value position and optimize the standard of judicial identification,so as to further develop the function of self-defense system to promote social justice and maintain social order.