A Study On The Judicial Definition Of Justifiable Defense In A Handplay

As a legitimate cause or illegal obstruction,the justifiable defense is recognized by the legal systems of various countries because it is respected by the civil law system.In order to protect the state,the public interest,the personal rights and property and other rights from the ongoing illegal violations,the actions taken to stop the illegal violations and cause damage to the illegal violations are justifiable defense and it is not criminally responsible.The essence of justifiable defense is that when public relief is difficult to interfere with illegal infringement,the individual uses illegal means to prevent illegal infringement in order to protect legitimate interests.The establishment of justifiable defense is premised on the following five conditions:(1)The objective existence of ongoing illegal violations is a necessary prerequisite for the implementation of justifiable defense;(2)The time for the implementation of justifiable defense must be that the illegal violations are ongoing;(3)The justifiable defense requires the defender to have the meaning of defense;It must be implemented against the perpetrators;(5)The justifiable defense does not significantly exceed the necessary limit.Due to the protection of individual rights and the stability of the legal order and the fact that more and more cases of justifiable defense have received media attention in recent years,justifiable defense has become a topic of public discussion.However,the determination of judicial practice does still have problems such as over-restricting its scope of application,and this is particularly true in the determination of justifiable defense in a fight.Therefore,the author believes that it is necessary to analyze and discuss proper defense under the premise of mutual assault.This article analyzes the current judicial status of the rightful defense determination in the current mutual assault by combining the judicial practice department's determination of relevant cases.The author will discuss whether there is a problem in the judicial practice department when dealing with the cases of justifiable defense in mutual assault and reflect on whether the problem can be solved,and try to return the deviation between justifiable defense and mutual assault.Specifically,this thesis discusses the issues related to proper defense in mutual assault in four parts:Part 1: The connotation and relationship of proper defense in the fight against each other.This part firstly discusses the mutual fight and the justifiable defense separately,and then analyzes and proves that there is an inevitable connection between the two,that is,the possibility of justifiable defense and the mutual fight.Part 2: The judicial status and problems in the determination of justifiable defense in mutual assault.This part combined with the analysis of the relevant cases obtained from the online selection of judgment documents to find out the situation that the judicial practice department recognized as a fight or justifiable defense in the mutual assault,and then deduced the problems in the determination of the justifiable defense in the mutual assault.Part 3: To propose solutions to the issues identified in the justifiable defense in the above-mentioned assaults,such as rethinking the evaluation logic of "results supreme",carefully denying the nature of legitimate defense in the assaults,and reflecting on the logic of "cause is responsible" or "illegal cause"Part 4: Whether it is an individual's rights or the legal order,the status of justifiable defense is important.It is necessary to return the deviated boundary between legitimate defense and mutual assault,so that the legitimate defense rights granted to citizens by the law will be implemented,and avoid becoming "zombie clauses",and become an effective way for individuals to protect their rights and interests.That is,to correctly distinguish a certain act as justifiable defense or assault.