| Chinese legitimate defense system has gradually absorbed relevant lessons and experiences from judicial practice,and has been continuously improved.It makes the conviction and sentencing of justifiable defense cases pay more and more attention to social effect in the continuous exploration of judicial practice.This article mainly analyzes and studies the social influencing factors encountered in the judicial practice of Chinese legitimate defense system.In Chinese judicial documents online,through the full-text search of criminal cases related to "justifiable defense",a total of 17,829 related cases were obtained from the documents from 1997 to 2019.By sorting out the relevant data,we can sum up the characteristics of cases involving legitimate defense in judicial practice: low recognition rate of justifiable defense,the judge’s inconsistent view of cognizance of legitimate defense,and the cases concerned are more likely to recognize legitimate defense.Summarize the social influencing factors in some complicated cases.The problems related to justifiable defense cases have been paid more and more attention by the public because of their special personal attributes and the complex situation of the causes of the cases.For some complicated cases involving legitimate defense,ethical,social,psychological and economic factors are indispensable.The intervention of social influencing factors is a trend in judicial practice of justifiable defense cases in China,which may not be a bad influence as long as it is applied properly.Appropriate intervention of social influencing factors is conducive to improving the acceptability of case adjudication results,enhancing the fit between good values and legal concepts,and realizing the unification of legal and social effects.With some typical cases involving justifiable defense,this paper analyzes its practical difficult position.The application of justifiable defense is relatively strict,and the difficult problem of thinking about social effects and justice and efficiency are the difficult position faced by the judicial practice of justifiable defense system in China.The perfect path of judicial practice of Chinese legitimate defense system is more beneficial to the trial of cases involving legitimate defense.In the process of identifying legitimate defense cases,the principle of determination according to law should be adhered to,while reasonable consideration of social influence factors.While considering legal rules,ethical factors should be taken into consideration,which is a manifestation of conformity with our traditional culture.Under the trend of constantly emphasizing the unification of legal and social effects,social factors are worthy of our attention.We use social factors to test whether the qualitative nature of legitimate defense cases is accurate,but at the same time,we should beware of the negative impact of news media.It is also necessary to consider the psychological factors of defending people,but psychological factors are both subjective and perceptual and need to limit their application space.We first ensure that justice will come,and then pursue efficiency.Economic factors need to be considered,but when necessary,it is necessary to make concessions for ethical,social and psychological factors at the substantive level,appropriately coordinate economic factors,and pursue a win-win situation between substantive justice and procedural justice.At the same time,it is also extremely necessary to improve the quality of judges.In the trial process of cases involving legitimate defense,the discretion of judges has played a certain role.Improving the legal quality and technical rationality of judges can improve cases involving legitimate defense.Acceptability and the judicial conscience of the judge will also bring more fair results to the trial of the case. |
