Practices of Justifiable defense in criminal law in China
The legislative value and regulatory logic of China’s justifiable defense system are different from that of foreign countries. To solve Chinese problems, local remedies based on China’s cultural tradition of rule of law should be the primary principle. In the essay, normative logic theories are put forward first as the basis to suggest practical applications for justifiable defense. Based on that, judicial opinions used for judicial practice by China`s Supreme Court are analyzed, which leads to the key part of the essay of detailed five suggestions and explanations of how to make sound justifiable defense judgment, taking factors of cautious attitude, human feelings, positive values guidance into law case handlings.
Key words: Justifiable Defense, Chinese Criminal Law, Judicial application