An Analysis Of The External Factors In The Determination Of Justifiable Defense

In judicial practice,only a few cases are identified as constituting justifiable defense.By investigating the actual situation of judicial personnel in dealing with justifiable defense cases,it can be found that judicial personnel have to face not only mandatory constraints from legal norms,but also intangible influences from other factors.This article is mainly about the justifiable defence of external factors are studied.The full text is composed of four parts,the first part mainly from the defendant claims that their behaviour is justifiable defence of 205 criminal cases as samples,and the final judgment of the batch of sample case was studied.Based on the analysis of the types of reasons,this paper sums up the main reasons that judicial personnel think the defendant does not constitute self-defense,and finds that some of the reasons are not persuasive or even contradictory.The second part mainly shows and summarizes the current academic research and solutions to the problem of self-defense in judicial practice,but most of these studies only stay in the criminal code to find solutions,and do not pay too much attention to the influencing factors outside the case.On the basis of summing up the existing research,the author puts forward that we should look for the factors that affect the self-defense identification in a broader scope,especially the influence of many factors outside the case on the self-defense identification.The third part mainly from the different angles such as historical tradition,the psychological,social public opinion,criminal policy and the judicial personnel appraisal system,and so on combined with the handling of Yu Haiming and Tangxue's cases of self-defense,this paper analyzes the influence of the factors outside the case on the determination of self-defense,and then reveals that in the process of the determination of the establishment of self-defense,the factors outside the case exert an important influence on the final decision of judicial personnel.The fourth part mainly from the two aspects of protecting people's right to participate in public affairs and reducing the cost of correction of judicial activities,puts forward corresponding countermeasures and suggestions on how to weaken the adverse effects of extrajudicial factors,so as to promote the judicial organs to better perform their duties and guard the defense line of fairness and justice.