On The Application Of Justifiable Defense Rule In Civil Tort

In recent years,With the rapid development of China's economy and society and the continuous improvement of people's living standards,various social conflicts and disputes have become more diverse,and the people's demands for the rule of law have become more diverse.Especially after the "yu huan murder case","kun shan countermurder case" have been reported by the media,Wide attention from all walks of life,the research on the rules of justifiable defense has been triggered again.In Chinese law,as a kind of exemption from liability,justifiable defense rule has been stipulated in both criminal law and civil law,but a large number of cases and studies are in the field of criminal law,and its application in civil tort has received little attention.There are also differences in understanding between judicial practice and academic circles,resulting in the application of the rule,such as the content of the rule of law is too general,the evidence can not prove the purpose of the claim,the exercise of discretion is not regulated,the standard of determining justifiable defense is too strict.The causes of these malpractices are both theoretical deviation and judicial misuse.China should re-examine and design the choice of legal value of justifiable defense rule in the application of civil tort.On the macro level,through improving the judicial interpretation,improving the idea of handling cases,perfecting the evidence rules,scientific establishment of the judge's guarantee mechanism and the case adjudication mechanism;On the micro level,measures such as perfecting the basic rules,the identification of components,the identification of damage,and the way of assuming responsibility for excessive defense should be adopted,It is necessary to change the phenomenon of "good man punished" and "muddling" in the past trial practice,fully embody the legal value orientation of protecting the legitimate rights and interests of defense persons and punishing illegal ACTS,and achieve a high degree of integration of legal effect and social effect.