Research On Justifiable Defense Cases In The Case Of Trespassing On Residential Property

At present,the criminal cases about personal and property safety in the case of illegal invasion of housing emerge in an endless stream.Comparing with the judgment results of 245 justifiable defense cases of trespassing in courts across the country from 2014 to this year,it is found that most courts hold that the defender used excessive defense methods to prevent intruders from entering his house,which was not at the same level as the intruder’s behavior at that time,so he was judged as excessive defense.There are other courts,according to the intention of the defender’s defense,analyze the situation of the case,determine that the defender’s act is not justifiable defense,was convicted of intentional injury.In addition,there are some courts to determine that the defense is justifiable defense,but this is very few.By analyzing three representative sample cases and sorting out the judgment opinions of the court,it is found that the difference in judicial practice mainly lies in whether the defense act is excessive as the standard to judge whether the defender is justifiable defense.In the case of trespass,the control of defense time and the defender’s subjective intention are crucial.In view of the disputes in judicial practice,the judicial organs in each region should clarify the relationship between the crime of illegal invasion of housing and the crime of intentional injury,find the intersection of the two crimes in the actual cases,and make a judgment within the framework of the criminal law.It is impossible to judge a defender’s consciousness of protecting his life and property simply by the "seriousness of his defense act",but also take into account the necessary factors such as defense time and subjective intention.At the same time,it is suggested that the relevant legal departments improve the relevant laws and regulations on residential defense,and endow the defender with certain defense rights.