On The Application Of Presumption Rules In Justifiable Defense

Since the Yu-Huan case,how to accurately apply the legitimate defense system has become a hot social issue.Regarding the "zombie clause" dilemma and the "results theory" status quo of the legitimate defense system in practice,many scholars have carried out research from the substantive aspect,focusing on the limits of the legitimate defense system and clarifying the behavior of legitimate defense.Limits and limits of results.However,the dilemma of legitimate defense is ultimately a problem in the determination of the facts of the case,especially after the result of major casualties,the determination of "whether it is clearly beyond the necessary limit" by the relevant departments tends to put the defender at a disadvantage.It can be considered that judicial practice shows excessive reliance on the result limit and neglect of the behavior limit in the judgment of "obviously exceeding the necessary limit",which is in line with the phenomenon of subjective imputation theory that only qualifies cases based on subjective imagination.Therefore,this article is based on a perspective of criminal-civilian intersection,combined with typified thinking,and draws on the experience of applying presumption rules in the field of possession,hoping to introduce presumption rules into legitimate defense in order to have a beneficial impact on both entities and procedures.For the former,the presumption rule has the function of first fixing the facts of the case,which is beneficial to improve the phenomenon of “results only” and promote the transformation of subjective imputation to objective imputation;for the latter,the presumption rule has the function of inverting the burden of proof.,So that the prosecution bears the ultimate adverse consequences.The application of presumption rules in justified defense needs to be constructed from both the entity and the procedure.The former includes three aspects,namely: embodying presumption rules in legislative technology;adopting a proof standard that is beneficial to defenders;and clarifying the subject of application of presumption rules.The latter also includes three aspects,namely: "experience prejudgment" : to establish the principle of presumption of innocence;"fact falsification" : abide by the principle of balance between crime and punishment;"factual consensus" : document "interpretation of the law".