Justifiable Defense Judicial Recognition Exploration

Self-defense is a right that the law of our country gives to the citizen,and it is a kind of private relief right that the citizen can exercise when his own legal rights are infringed.In order to encourage citizens to fight against crimes bravely and safeguard their legitimate rights and interests with legal weapons,the possession of self-defense has been brought into the criminal law of our country,and the relevant system has become more and more perfect.Justifiable defense plays an important role in maintaining the security and stability of the overall social situation,promoting social fairness and justice,and guaranteeing the legitimate rights and interests of the Chinese people.Along with our country legal system gradually mature,our country citizen's right consciousness also enhances along with it.However,in the judicial practice of our country,the development of the system of self-defense has encountered various obstacles.Because in the current law of our country,the provision of self-defense system is relatively vague,its unity and Operability is relatively weak,which leads to judicial personnel in the use of self-defense system in the process,there are certain differences.In addition,some judicial personnel failed to popularize the corresponding legal knowledge in time,and their own understanding of the legal knowledge is still shallow,which leads to some mistakes in the process of handling cases.A series of reasons,resulting in the process of judicial practice in self-defense cases are very rare,even some people think that these issues of self-defense system known as the Zombie Clause.This is not only against the original intention of our legislation,at the same time,it will greatly reduce the authority of the law.For example,a series of cases,such as the case of the mother of disgrace in Shandong,the case of the dragon brother in Kunshan,etc.,have aroused great concern in the society.In order to solve this problem effectively,this paper takes the case of Yu Haiming's self-defense,which has received wide attention from all circles of society,as the starting point of this paper.Then it analyzes the judicial cognizance of self-defense,puts forward the existing problems at the present stage,and gives some reasonable suggestions based on the problems.The introduction of this paper expounds the background and significance of the research,summarizes the current research results of self-defense at home and abroad,the research ideas and methods used in the process of writing the paper,and the innovation of this paper.The second part expounds the case of Kunshan Longge,and introduces the case from the beginning of public security registration to the final disposition of the case.The third part summarizes the dispute focus of the case.On the basis of the second part,the author puts forward three controversial issues of the case,namely,whether the death of the other party caused by the anti-robbery-machete stabbing affects the application of Self-defense,and whether Liu's behavior belongs to "murder";Whether Liu's illegal infringement is "ongoing",and put forward by the case caused by the thinking.The fourth part is the use of criminal law related to the theory of the case focus on the issue of dispute analysis.This paper discusses the principle of determining the necessary limit of self-defense in case focus,the theoretical summary of the ending time in "ongoing" and the concept of "committing a crime",and analyzes them in combination with cases,this paper makes a qualitative analysis of the controversial focus of the case.The fifth part of the case from the perspective of judicial practice to deepen the issues and focus of controversy,put forward how to grasp the existence of illegal infringement in practice,how to grasp the danger of illegal infringement in practice;In practice,how to judge whether the infringement is persistent or not,and put forward some suggestions to make clear the standard of judicial cognizance of justifiable defense.