On The Judicial Guarantee Of The Right To Justifiable Defense

The right of self-defense,as an important right of citizens to help themselves when they encounter illegal infringement,has fallen into a "deep sleep" situation in recent years' judicial practice.The justifiable defense cases are also widely concerned and even controversial by all walks of life.At the legislative level,legal provisions and judicial interpretations have made relatively perfect provisions on the right of justifiable defense,especially the guidance of the Supreme People's Procuratorate,the Supreme People's court and the Ministry of public security in August 2020,which further clarifies the issues related to justifiable defense.However,there are still many problems related to justifiable defense cases.The reason is that the attitude of the judicial organs towards it is always too conservative,which leads to the strict standards in the past judicial practice.Therefore,we need to improve the right of justifiable defense from the judicial level.The printing and distributing of the 12 th batch of guiding cases of the Supreme People's Procuratorate also shows the attitude of the Supreme People's Procuratorate,that is,"the law cannot give way to lawlessness.".Through the study of these cases,we can see that the common direction of the four cases is to be tolerant of the various standards of the identification of the right of self-defense,not to treat the issue in isolation around the literal interpretation of the legal provisions as in the past,and the attitude towards the defender is no longer completely from the perspective of the rational person after the event,and more consideration is given to the obligee At that time,the right of legitimate defense should be given more space to avoid being infringed by the law.Based on this,this paper starts from the judicial perspective of the right of self-defense.Firstly,through the analysis of the guiding cases,it sorts out the common identification trend,that is,the expansion of the right of self-defense,which is the necessary basis for the "activation" of the system of self-defense.Secondly,it analyzes the theoretical definition of the right of self-defense,so as to better clarify the value of justice and order of the right of self-defense Finally,it puts forward some suggestions for the improvement of the right of self-defense in judicial practice,in order to promote the self-defense system to give full play to the fairness and justice of the law.