Study On The Judicial Of Justifiable Defense In Criminal Cases

In addition to numerous malignant crimes,the most able to cause the attention of the whole society,the intense discussion of the law is involved in whether it is a case of self-defense.From the Yuhuan case,Kunshan anti-murder case to the recent hot discussion about the case of a middle school student kicking a dirty boy,the application of justifiable defense in criminal proceedings has always involved the heart of the whole society.The seemingly simple issue of the application of law has risen to the issue of social fairness and justice and even the credibility of judicial organs.Throughout the history of the judicial practice in our country,the concept of self-defense has not been very clear and clear defined.For a long time,the judgment of justifiable defense has shown an attitude of only focusing on the final outcome,which is called "consequentialism".Rigid rigid,this led to the judicial cognizance process combined with the requirements of "procedural justice" in judicial personnel because of unclear definition of justifiable defense so reduced the cognizance of justifiable defense,this situation to a certain extent,improper compressed the civil defense space,lead to civil defense right can not get the correct understanding and protection.By analyzing the concept and characteristics of justifiable defense and the identification theory of justifiable defense,this paper leads to the analysis of the judicial application of justifiable defense in criminal cases,and points out the common misunderstandings in the judicial application,and finally puts forward relevant suggestions to solve the problem.It is of great significance for Chinese citizens to correctly understand and apply their own right of defense in criminal cases,and also to promote the further implementation of the concept of justifiable defense in the process of judicial application.