On The Investigation And Determination Of Legitimate Defense Cases

While the application of righteous defence in judicial practice is quite strict,righteous defence is one of the few causes of exonerations in China's criminal law.The judicial disposal of Yuhuan case happened in the city of Liaocheng and Yuhaiming case happened in the city of Kunshan relieved not only the popular feelings which was caused by the above case in time,but made the theorists and the practitioners have a deeper understanding and consensus on the application of righteous defence.It is difficult to identify what is righteous defence.The difficulty is not noly caused by the divergence of views of righteous defence between the law-executors,but also caused by the weakness of the investigation and evidence collection in righteous defence cases.On the basis of real cases,this article traces the origin,compares the present judicial climate in the vertical dimension,and analyzes the legislative value of righteous defence,the key elements of judicial review,the norms and key points of investigation and evidence collection etc,through suitable methods in the horizontal dimension.This article aslo takes zhao's intentional homicide case as an example and takes 5 essential requirements of righteous defence as the basis of judicial identification,which explores the strategies and implementation programs of the investigation for righteous defence,in order to handle criminal cases with theoretical advantages.