Review of Defense Facts in Public Security Cases
This article centers on the newly added system of justifiable defense after the revision of the "Law of the People's Republic of China on Administrative Penalties for Public Security", systematically expounding on the background of review, identification standards, practical errors, and key points of review regarding defense facts in public security cases. The article points out that the new law clarifies that justifiable defense is not illegal, emphasizing that "the law cannot compromise with illegality", reversing the previous inertia in identifying "mutual assault". The identification of defense requires comprehensive consideration of the five major elements: the cause, time, object, subjective intention, and limits of defense, combined with analysis of typical cases. At the same time, it points out the misunderstandings in practice such as "vague identification of mutual assault" and "result-oriented approach", proposing to establish a judgment standard of "unity of subjectivity and objectivity", comprehensively review evidence, objectively restore the defense situation, and ensure citizens exercise their defense rights according to law.
References
- Information on: https://law.wkinfo.com.cn Administrative Penalty Case of Guo Moulan v. Binyang County Public Security Bureau (2023) Gui 01 Xing Zhong No. 248
- The Commencement And Identification Of Feng Dianmei's Act Of Implementation - Also Discussing Xiyuan Chunfu's Theory Of Criminal Commencement [J]. Law Forum, 2008, 23(4):7
- He Honghui. On The Termination Time Of Unlawful Infringement In Justifiable Defense: Taking The "Yu Haiming Justifiable Defense Case" As An Example [J]. Journal of Hanshan Normal University, 2020, 41(1):5
- Information on: https://law.wkinfo.com.cn Jiang Qibo, Zhou Jiahai, Yu Haisong, et al. Understanding And Application Of The "Guiding Opinions On The Application Of The Legitimate Defense System In Accordance With The Law" [J]. People's Justice, 2020 (28): 25-35
- Information on: https://law.wkinfo.com.cn Huang v. Siming Branch of Xiamen Public Security Bureau, Xiamen Public Security Bureau Public Security Administration: Public Security Management (Public Security) First Instance Administrative (2019) Min 03 Xing Chu No. 100
- Information on: https://law.wkinfo.com.cn Mr. Zhang v. Public Security Bureau of [specific county], Administrative Penalty Case (2023) LXZ No. 66