Research On Judicial Identification Of Justifiable Defense

The purpose of justifiable defense in the criminal law is to encourage citizens to courageously resist criminal acts,and to demonstrate social fairness and justice.How to accurately grasp the judicial application of justifiable defense,is related to social harmony and stability,and is related to the construction of a society under the rule of law.According to the case of the China Judgments Online and the Peking University Law Network,the judiciary strictly limits the application of justifiable defense,and many cases that should be judged as justifiable defense were convicted as intentional assault.Even if judged to be justifiable defense,the case is also often judged as unjustifiable self-defense because of the consequences of the death of the victim.Therefore,there are very few cases that are judged as innocent because of justifiable defense,and it is more demanding for special defense,the phenomenon of different judgments in similar cases is more prominent.And cases involving justifiable defense are likely to cause widespread social controversy because of the higher social attention,such as Deng Yujiao case,Zhang Dejun case,Yu Huan case,etc.,the public questioned judicial justice because the judgment of the judiciary is unacceptable.According to judicial practice,three similar cases were analyzed to analyze the key issues in the application of justifiable defense,such as illegal infringement,defense intentions,mutual defamation and the boundaries of justifiable defense,defense limits,etc.The specific criteria for the identification of justifiable defense and special defenses are clearly defined,so as to solve the problem of unclear specific criteria for justifiable defense in judicial practice.The judicial recognition criteria for justifiable defense in judicial application should be determined by interpreting its established condition,the court trial work can be guided through the introduction of relevant judicial interpretations or the issuance of guiding cases by the Supreme People's Court,etc.,thus the phenomenon of different judgments in similar cases can be overcome.The judiciary should respond and interpret in a timely manner for cases that have caused great repercussions in the society and are controversial,It will be used as an opportunity to promote the law for citizen,the construction of a society ruled by law will be promoted through judicial disclosure,the research is hoped to be beneficial to the dilemma of judicial application of justifiable defense.