Research On The Judicial Deviation Of Justifiable Defense

In recent years,due to the frequent occurrence of legitimate defense cases,the legitimate defense system has almost become a very thorny problem in the field of criminal law and legal science.Several major cases,such as the Yu Haiming case in Kunshan,Jiangsu Province,and the Zhao Yu case in 2019,have pushed the judgment of legitimate defense to the core of the storm.At the beginning of the argument,most scholars start from the following problems:one is the establishment of justifiable defense,and the core is the limit of justifiable defense.Most scholars believe that the phenomenon of result theory is widespread in the judicial trial of justifiable defense,which leads to the silence of the justifiable defense system all the time.The second is the justifiable basis of justifiable defense.There are several theories of justifiable defense,like the theory of basic adaptation,the electicism,the essential theroy,even the new theory of personal interest protection and legal corroboration.All of them have been gradually studied and advocated in China.The third problem is the deep legal problems in the case of self-defense,that is the balance between law and justice,as well as morality.The core question is that how to transition to "right based view" in the prevailing "Order standard view".In terms of research methods,most scholars use the method of doctrine of law to study the problems of justifiable defense system,and then a small numberof scholars try to study legitimate defense from an empirical point of view.The influencing factors and the identification path of defense limit have laid a good foundation for the development of legitimate defense system in our country.Under the background of no breakthrough in the study of legal religion and righteousness,empirical research has become a breakthrough in the study of legitimate defense judicial deviation.There are a large number of theoretical articles in academic community,which point out that the reason why legitimate defense cases set off a wave of "justice and injustice" is that there are great differences between judicial organs and ordinary people in their positions,which will be verified and studied in this paper.This paper try to through the design of the questionnaire and the inquiry of a large number of practical cases to explore the problem of the position and the public opinion,and to collect the relevant information through the method of random sampling to confirm the author's hypothesis.The author also thinks that the judicial organs hold the "Order standard view",so the judicial personnel can judge the nature of the case from the view of the over-personal perspective.The view of "standard of interest" has become the point of entry for the people to further pursue justice.Through the empirical study and the analysis of data,we know the views and positions of different subjects in the society.It confirms the foundation of many theories and lays the foundation for the forthcoming judicial interpretation in China.This paper is mainly composed of three parts,the first part is the legalbasis of the self-defense.Through the angle of the legal theory,the self-defense system is analyzed from the philosophical level and the historical level to support the establishment of the self-defense.The second part is the empiracal analysis of the judicial deviation of the self-defense through the collection of a large amount of questionnaire data and case data.The hypothesis of this paper will be proved.whether the self-defense system of our country has the "tension" between the judicial organs and the people,and the reason will be analyzed.This paper also put forward a new thought of the "alleviate the contradiction".The third part is the reason of the judicial deviation of self-defense and the path to resolve it.Based on the results of data analysis,the method and the path of the reform of the self-defense system are put forward by exploring the position difference of the self-defense judgment and the choice of the solution path from the theoretical level.