Justifiable Defense Determination In Mutual Fight

The rigidity of the justifiable defense system has become a consensus in academia,and even more so in the case of justifiable defense in the case of mutual beatings.Although the mutual beatings has formed a general view in theory,that is,the mutual beatings is an act of mutual assault committed by the two parties based on the intention of unlawful infringement.Therefore,under the mutual beatings situation,it is usually impossible to establish the justifiable defense,and there are only a few exceptions where there is justification applicable space for defense.However,in judicial practice,there are many misunderstandings and deviations regarding the determination of justifiable defense and mutual beatings: there is an unreasonable increase in the obligation to evade in the establishment conditions,there is the defensiveness of the mutual beatings that denies the act,and excessive demands on the means to adapt and results only theory etc.In fact,the root cause of this phenomenon still lies in the traditional theory itself.The reason why it is difficult to establish justifiable defense in the case of mutual beatings mainly lies in the existence of unlawful infringement intentions and the lack of defensive intent.The concept of mutual beatings can be divided into a narrow concept of mutual beatings and a broad concept of mutual beatings according to subjective differences.The traditional theory of mutual assault is a narrow sense of mutual assault,and the deviation of judicial practice is precisely because of the narrow sense of mutual beatings theory.The narrow concept of mutual beatings itself has theoretical defects,and it is also easy to cause confusion in judicial practice.At the same time,the exceptions listed in traditional theory are more difficult to extend,and "exception" as a very few existence is easy to practice It is ignored in the case,which leads to the determination of legitimate defense under the assault in judicial practice is extremely difficult,and the scope of application is extremely narrow.In the face of the difficulties caused by the traditional theory of mutual beatings on the judicial practice at this stage,it is a new solution to abandon the concept of narrow-type mutual beatings as an evaluation property without changing the theoretical basis,and instead use the descriptive general concept of mutual beatings.The core purpose of introducing the broad concept of mutual beatings is to break the shackles of erroneous thinking in judicial practice,so that the justifiable defense system can be truly liberated from the rigid cage.Under the broad theory of mutual beatings,the establishment of justifiable defense is no longer limited to narrow exceptions,but has become a norm.Since the broad concept of mutual beatings is relatively broad,in order to reduce complexity to complexity,the mutual beatings is divided into pre-agreed and sudden assaults based on whether there is prior agreement.In different situations,the conditions under which the perpetrator has a defensive intent are also different.It is worth noting that,in the context of generalized assault,the determination of justifiable defense cannot be simply a one-size-fits-all approach,but needs to be combined with the background of the case and relevant evidence to analyze the specific issues.