Research On The Application Of Justifiable Defense Justice

The judicial application of justifiable defense system has always been the focus of academic circles.Whether this system can be correctly applied in justice is related to whether the behavior of the defender can constitute justifiable defense and be exempted from criminal responsibility.It plays an important role in safeguarding the legitimate rights and interests of citizens and realizing judicial justice.But in practice,the effect of judicial application of justifiable defense is not ideal“ The focus of controversy in the case of "intentional injury by Yu Haiyi" shows that there are two problems in the judicial application of justifiable defense: first,there are problems in the judicial determination of illegal infringement.Second,there are some problems in the judicial determination of defense limit.In the future,the judicial organ should strengthen the understanding of the influence of the occasion of the illegal infringement on the defense behavior,broaden the scope of the illegal infringement,correctly understand the relevant factors affecting the defense limit,and make a correct judgment on the behavior of the person who implements the defense,so that the legitimate defense system can be correctly applied in judicial practice,To play its due effect.