Study On The Influencing Factors Of Judgement Of Justifiable Defense Cases

In practice,because of the lacking of the provisions of the laws and regulations of justifiable defense and the judicial organs of justifiable defense system "cautious" attitude,the number of justifiable defense case in complex cases accounted for few,considered to be the case is a handful of justifiable defense,even meet defense properties,are also considered to be excessive defense,defense party still need to take responsibility.In recent years,as represented by jiangsu kunshan hai-ming yu case boom and the discussion of the social cause of the typical case of justifiable defense "projects a" trial guidance,justifiable defense related cases showed a trend of fluctuations in growth,the judicial organs for justifiable defense attitudes change,but there is still lack of support,do not have a unified standards,justifiable defense confused with other charges,etc.According to the sorting out of the cases,it is found that the above phenomenon is because the judges are largely affected by other factors in addition to the existing legal provisions when making a judgment on justifiable defense cases.These influencing factors exist even in other cases,but it is these influencing factors that "wake up" the system of justifiable defense after it has "slept" for a long time.They partly come from the judge’s internal free proof and interest measurement,the other part comes from the social moral values and the influence of the state’s attitude toward public relief and private relief.The emergence and exertion of these influencing factors are rooted in the absence of provisions of laws and regulations and judicial fragmentation,leading to the need to use many external factors to assist the judgment,and even only by exerting these influencing factors can the legal intention and response to public opinion be truly achieved.However,these factors are not omnipotence.As uncontrollable and illegitimate factors,their influence on the judgment of justifiable defense cases has both advantages and disadvantages.It needs to be regulated from the two aspects of the increase and refinement of laws and regulations and judicial application.Clear justifiable defence case referee influence factors applicable rules,improve the overall level of the judicial personnel to handle justifiable defence case,and focus on public behavior guide and encourage social justice,let the justifiable defense case referee influence factors and the laws and regulations the benign interaction,make a fair judgment,promote the justifiable defense system to be more perfect,give play to the role of protect citizens’ legitimate rights,help to build just order conforming to the core values of the society,build a harmonious society under the rule of law.