Analysis Of Justified Defense Standards

Justifiable defense is not a new subject.As early as China 's first criminal law was promulgated,there is already a rule on justifiable defense.Article 20 of the current criminal law simply and concisely stipulates the scope of application of justifiable defense.However,today's legitimate defense is still the focus of research and attention in academia and judicial practice.On the one hand,although the legislation of legitimate defense is relatively complete,it is too abstract and principled for the specific judicial practice,which makes the determination of legitimate defense in a silent state for a long time.On the other hand,with the progress of the construction of a society ruled by law,typical representative cases were promulgated as guiding cases,and the identification standards of justifiable defense were clarified in a "specific to specific" form,gradually breaking the quiet state of justifiable defense identification.The first part is the introduction,explaining the background and significance of the topic selection and writing.By searching and sorting the literature,the relevant theories and research results of the justification of defense identification are analyzed and their opinions are summarized.The second part analyzes the reasons and performance of the identification of legitimate defense from silence to awakening from a macro perspective.Due to the lack of unified standards and understanding,coupled with social changes and other reasons,the identification of legitimate defense has been in a state of silence for a long time.The successive release of guiding cases has clarified factors such as identification standards,strengthened judicial openness,etc.,reduced the applicable restrictions,and constantly stimulated the awakening of legitimate defense.The third part analyzes the guidance cases issued by the two high schools,and elaborates the specific identification standards of legitimate defense from the two dimensions of legitimacy and defense limit.Among them,legitimacy is the judgment ofwhether the counterattack behavior has defensive nature,including the determination of illegal invasion and defensive intention;the defensive limit is the limit judgment under the premise of defensiveness,which is justification from the behavior and the results A distinction is made between defence and over-defense.The fourth part is the problems that still exist in the justification of defense in practice.The legitimate defense has been in a state of silence for a long time,and it has been a long time,and it is difficult to completely change it in the short term.Relying only on guiding cases has limitations,and the judicial concept has not been effectively changed.There are still repeated and partial restrictions on the determination of legitimate defense..The fifth part is the suggestions for the problems identified.The main analysis is to update the judicial concepts and working methods of legitimate defense in judicial practice.