Research On The Application Of My Country's Legitimate Defense Law

The justifiable defense system plays a very important role in the criminal law system in China,and its development and changes reflect the relationship between the individual citizens and the state as a whole as well as the relationship between legislation and judiciary.Justifiable defense was originally a legal right of the citizens which is well known to the public,however,the inadequacy of the application of justifiable defense is obvious and the status quo in judicial practice is not optimistic.Cases related to justifiable defense enter the people's horizons continuously,and some case arouses a strong public opinion and a variety of litigation disputes on the grounds that the court decision seriously exceeds people's expectations and is even beyond the moral level of social acceptance.Therefore,the issue of the application of justifiable defense has also become an importantly hot and difficult issue in the field of criminal law and criminal justice.In February 2017,the first instance decision of intermediate People's Court in Liaocheng city,Shandong Province decided that the defendant Yu Huan was guilty of intentional injury,sentenced him to life imprisonment,deprived him of his political rights for life and attached civil compensation.After the case was appealed,the second instance decision of Higher People's Court in Shandong Province decided that the act of Yu Huan was sentenced to 5-year prison and was mitigated for excessive self-defense."Yu Huan Case" is a typical case of 2017 with regards to the application of justifiable defense.Coincidentally,dating back to 2004,the first case of innocent trial of Hai Dian District People's Court was acquitted-"Wu Jinyan Case",and the case was also very typical and exemplary.These two cases are of great value in further studying the application of justifiable defense.As long as we draw our attention from emotion and theory to the reality,analyze from the perspective of scientific rationality and examine with wise eyes,we can gradually clarify the ideas and methods for the application of justifiable defense.This paper first introduces the basic theory of justifiable defense and introduces the manifestation of justifiable defense according to "Yu Huan Case".Secondly,The paper emphatically analyzes the conditions,composition and principle of the justifiable defense,and paves the way for the correct identification of justifiable defense.Comparing and analyzing other acts easily confused with the justifiable defense,this paper reveals the awkward dilemma of the application of justifiable defense.Thirdly,it introduces "Wu Jinyan Case",focusing on the issue of Wu Jinyan who implemented justifiable defense,and makes a brief comment on the case handling and trial of the judiciary.Finally,combining the criminal legislation and criminal justice practice in our country,it puts forward the path selection of the application of justifiable defense.