The Judicial Application Of Three-class Crime Constitution Theory In Case Of Self-defense

In recent years,justifiable defense cases have been reported frequently,which often cause great disturbance of public opinion.To investigate the objective reasons,it is very different from the results of the cases handled by the judicial organs before and after applying the four elements to handle the cases of this type,even contradictory.For further analysis on the reasons behind,the author selected the controversy in recent years,the larger ZhaoYu justifiable defence case,YuHuan intentional injury,the use of the traditional four elements crime constitution theory into the sin of justifiable defence case analysis,found that because of the four elements is their own insurmountable defects,using the four elements theory alone cannot achieve justifiable defence people from sin;The four elements theory has the confusion of logical level judgment,which is easy to make the judicial officers subjectively guilty,which is not conducive to protecting the rights and interests of the justifiable defense persons.The theoretical content of the four elements is too simple to solve the problem of justifiable defense against people without criminal responsibility.Germany and Japan,which have a close connection with our country,adopt the system of three-class crime theory in the identification of crime.After nearly a hundred years of development,this theory has formed a relatively mature and complete judicial theory system.Is Germany and Japan and other civil law countries,in the judicial practice of the basic theory of crime.At present,Chinese scholars mainly analyze and discuss it from the theoretical level to a certain extent.In the aspect of judicial practice,the author analyzes ZhaoYu's case and YuHuan's case by using the three-class crime theory system as an opportunity,and finds that these problems existing in the application of the four elements can be well solved by the three classes.Specifically,the three classes can realize the crime of justifiable defense in the illegal class,which has theoretical advantages.The three levels can enhance the objective standard of handling cases and limit the arbitrariness of the judges' subjective handling cases.The three levels can break the professional habitual thinking of judicial staff and increase the resistance of "incrimination";The three levels can guarantee the stability and predictability of the results of case handling,reduce public opinion disputes,and achieve the organic unity of the three results of judicial case handling.The three classes can be directly applied in the judicial practice of our country,and there is no obstacle to the application of the law.In the practical field,the application of the three classes in handling cases can realize the accuracy of judicial handling and the protection of the rights and interests of justifiable defenders.At present,from the perspective of promoting the construction of criminal rule of law in China and the need to protect human rights,it is suggested that when handling justifiable defense cases,the four-element theory should be abandoned and the three-layer system should be adopted.