An Analysis Of The Legislative Purpose Of The Legitimate Defense System And The Dilemma Of Judicial Determination

Justifiable defense system is an important system in the theory of criminal law in China,and it is also a worldwide legal system.The application of justifiable defense system in judicial practice has always been one of the most controversial issues in China's judicial practice,which has attracted the attention of the public and public opinion.The judgment of the first and second instance of the yu huan case in liaocheng,shandong province in 2016 is quite different from that of the yu haiming anti-murder case in kunshan in August 2018,which once again aroused heated discussions among the public on issues related to justifiable defense and also brought huge tests to the judicial organs.To the problems in the research for justifiable defense system in China,discusses the solution of the judicial dilemma mechanism,this paper want to integrated by using literature analysis,case analysis,comparative analysis and other research methods,the first is through the legislative purpose and value of justifiable defense system,analysis of legitimacy of the existence of justifiable defense system,and then to the supreme people's court released the latest justifiable defense typical cases as the breakthrough point,to the justifiable defense system problems in the process of judicial application is analyzed,finally,based on our country criminal law theory and judicial practice,reflect our justifiable defense system problems when applicable,This paper presents the legislative intention of justifiable defense system and provides useful Suggestions for solving and improving the practical predicament of justifiable defense system.