A Study On Several Problems Of Judicial Application Of Justifiable Defense ——Taking The Case Of "Intentional Injury Of ZHAO YU" As An Example

Justifiable defense system is the defense of the violation is to give a private aid force key legal measures,Chinese criminal law definitely prescribes that justifiable defence is to protect the lawful rights and interests of defense people from ongoing unlawful infringement,and stop the unlawful infringement,damage to the unlawful invaders,belongs to the justifiable defense.Although China’s criminal law has made clear provisions on the rules and regulations ofjustifiable defense,the specific grasp and recognition of its constitutive elements are not unified,resulting in many difficulties and disputes in judicial practice for the judicial recognition of justifiable defense.How to accurately identify defensive behavior and its defensive limit is very important.Ifjustifiable defense can be correctly applied,it can be used as a weapon to protect the legitimate rights and interests of the defenders from illegal infringement.Taking ZHAO YU justifiable defense case,which was taken as a typical guiding case by the Supreme People’s persecution,as an example,this paper studies and analyzes the difficulties and causes of judicial identification of justifiable defense by integrating the basic theories ofjustifiable defense.According to some deficiencies in the identification of legal system ofjustifiable defense in China,this paper clearly puts forward suggestions to improve the identification standard of justifiable defense,in order to help improve the rules and regulations ofjustifiable defense in China.The first part is the introduction of the case and the difficulties in the determination,which mainly introduces the cases selected and the results of the official determination.The difficulties in the determination of the case are sorted out and a brief statement is made.The following is the legal analysis of the difficulties in the determination of ZHAO YU,which can be roughly divided into the following two aspects.The first aspect is the jurisprudence analysis of the identification of the nature of defense.The second aspect is how to identify significant harm that clearly exceeds necessary limits.Then,based on ZHAO YU,the author analyzes the reasons for the difficulty in the determination of justifiable defense,and finds that there are three problems in the determination of the limit of defense:the logic of "results-only"judgment,the misunderstanding of the concept in judicial practice,and the different standards for the determination of the limit of defense.Finally,the author tries to solve the problems existing in the judicial application process of justifiable defense,The author tries to find out how to correctly use justifiable defense in practice and puts forward some suggestions or effective measures to solve the problem.The measures are generally divided into two levels,The first aspect is the transformation of the thinking ofjustifying justifiable defense,aiming at putting forward suggestions for the accurate application of the system of justifiable defense in judicature.The second aspect is to improve the judicial identification standard of excessive defense in Our country,to accurately identify justifiable defense,enhance judicial credibility,and play the role ofjustifiable defense system to provide certain help.