Research On Judicature Recognized In Justifiable Defense In China

With the consistent development and complete of our legal system,the consciousness of right of people is awakening gradually,as the means of legitimate interest of people,the development trend of defense power has been paid much attention.At present,when we promote socialist core values,the stipulations on justifiable defense system in “Criminal Law”are completing,which deeply implements the legislative idea encouraging people to battle with crime,how reflecting juridical practice,there is none of good response.In practice,the influenced by the difficulty of the guidance and defense process lacking specific judicial interpretation,it has an over serious situation on justifiable defense.The root of this judicial alienation phenomenon is not the deficiency of the construction of Rechtsdogmatik,but there is problem about theory and methodology of juridical practice when judging justifiable defense.In order to solve this problem,in this thesis,by means of literature research method,empirical analysis method,and comparative study method,it has research on the problems in the judicature recognized justifiable defense,and besides,with the reference to foreign positive experience,it puts forward solutions on the existed problems in the judicature recognized justifiable defense.In this thesis,there are mainly five parts:The first part is introduction,which mainly make clear of the background and significance of selected topic and the research status at home and abroad about justifiable defense,summarizes and organizes the current research result,analyzes the deficiency for the research status about justifiable defense,and also puts forward the research methods,thoughts,and innovations.In the second part,it makes clear the historical development of the system of justifiable defense,so that we can better understand the purpose of legislation and objective of justifiable defense.According to the current legislation,it has analysis on the concept and constitutive requirements of justifiable defense,and precisely understands the basic concept and definition standard of justifiable defense.In the third part,by means of empirical research method,with the reference to the collected written judgment and analyzed data,it analyzes the status on judicature recognized justifiable defense,and on the basis of true cases,it finds the problems in it.In the fourth part,by means of comparative study method,it has analysis on the positive experience in extraterritorial justifiable defense legislation and justice,and with the combination of our China's national situation,it concludes and completes the inspiration from judicature recognized justifiable defense.In the fifth part,as to the problems in the judicature recognized justifiable defense,on the basis of juridical practice,it puts forward feasible advice to complete judicature recognized justifiable defense.