A Study On Judicial Practice Of Justifiable Defense In China

China's criminal law clearly stipulates justifiable defense,aiming at fully protecting citizens' right to justifiable defense,encouraging citizens to actively fight against illegal and criminal behaviors,so as to better realize the legislative purpose of punishing crimes and protecting the people.The life of law lies in its implementation,and the implementation of law is also a key link to promote the construction of the rule of law in contemporary China.Judicial practice of justifiable defense,is a collection of a series of law enforcement activities,which refers to is given priority to with the investigation organ,the procuratorial organ and the judicial organ of state organs in the process of dealing with cases involving justifiable defense plot,according to China's criminal law the provisions of article 20,to determine whether a person constitute the justifiable defense,defense behavior whether excessive,whether to bear criminal responsibility,and finally to make legal evaluation on the behavior of the actor.In recent years,with the rapid development of Internet technology and social media,many cases involving justifiable defense plot at the beginning of the crime is paid close attention to by the public.The attitude and measures of the public security bureaus,procuratorates and courts in handling cases of justifiable defense,not only have a stake with the interests of the person acting in self-defense and the unlawful infringer who is harmed,more directly affect the enthusiasm of the masses to fight illegal and criminal behavior.Only by fully responding to the concerns of the people can we "strive to make the people feel fair and just in every judicial case".Based on this,this article takes "A Study on Judicial Practice of Justifiable Defense in China " as the title,in addition to the introduction and conclusion,the full text is divided into three parts to illustrate justifiable defense of the existing problems in the judicial practice in our country,the causes and solutions of problems,trying to justifiable defense clause in our country give full play to their role in the judicial practice to provide theoretical and experience reference.The first part mainly analyzes the existing problems of justifiable defense judicialpractice in China.China's criminal legislation characterizes justifiable defense as legitimate behavior,and gradually expands citizens' right to justifiable defense through the revision of justifiable defense clauses.The legislative trend basically conforms to China's actual national conditions and public opinion,and can meet the objective needs of China's economic and social development at the present stage.However,choose to the Yu Huan case and the Yu Haiming case comparison and analysis,and combined with other cases of typical plot complement,it can be found that when our public security bureaus,procuratorates and courts identify justifiable defense,there are still attach extra restrictions to unlawful infringement,make a split evaluation for defense behavior,exist a moral cleanliness on defense intent,identify excessive defense by only result theory,causes our country justifiable defense case processing results showing a overall situation with different standard and grasp strictly.The second part mainly analyzes the causes of existing problems in China's justifiable defense judicial practice.In the process of identifying justifiable defense,our public security bureaus,procuratorates and courts have problem of its objective conditions mainly because they are restricted by the traditional way of handling cases and influenced by the mechanism of case evaluation,emphasis on punishment over protection,emphasis on cooperation over restriction,lack of protection of legitimate rights and interests of justifiable defenders,especially procedural rights.As for its subjective conditions,mainly because they are limited to the moralism of China's traditional legal culture,which confuses legal judgment with moral evaluation,and confuses justifiable defense with unlawful infringement,fails to fully implement the spirit of "Law cannot yield to lawlessness".As for the reason that the identification of its limit conditions produces problems and only the results can be expected,it is because of the pressure caused by the injuries and deaths of the unlawful infringer,the improper implementation of the stability index,and the blind limitation of the function of judicial practice to stop disputes and to avoid trouble.Due to various reasons,the judicial practice of justifiable defense in China deviates from the legislative intention of justifiable defense clauses and is divorced from the simple justice of the public.Therefore,the purpose of protecting civil rights and maintaining social order by justifiable defense in China's criminal legislation cannot be truly achieved.The third part mainly puts forward some suggestions on how to solve the existing problems in China's justifiable defense judicial practice.In order to fundamentally solve the problems that perplex the judicial practice of justifiable defense in China,we should first improve the basic system of the application of justifiable defense law.At the technical level,the judicial interpretation of justifiable defense clauses in the criminal law should be issued,and the typical cases of justifiable defense should be summarized and sorted to form judicial precedents,so as to unify the identified standards of justifiable defense and guide the difficult handling of justifiable defense.At the institutional level,we should deepen the reform of the judicial system,improve and adjust the internal system of public security bureaus,procuratorates and courts,coordinate and straighten out the relations between public security bureaus,procuratorates and courts,so as to eliminate the institutional obstacles for the bold use of justifiable defense clauses in judicial practice.Secondly,we should ask the civil servants of public security bureaus,procuratorates and courts to handle cases of justifiable defense in detail.On the one hand,we should carry forward the spirit of struggle,enhance our fighting skills,handle justifiable defense cases in strict accordance with the law,protect the legitimate rights and interests of the person acting in self-defense,punish evil and promote righteousness;On the other hand,we should pay attention to social effects,carry out interpretation and reasoning work to solve the aftermath,achieve a satisfactory and proper settlement of individual cases,so as to make the people feel fairness and justice in every judicial case.