关键词： 正当防卫制度 维稳 刑事政策学 司法纠偏 预防必要性
A Criminal Policy Perspective on Defending Justice Correction
Zhou Xiang, LI Yao
(Zhongnan University of Economics and Law, Wuhan, Hubei 430073)
Abstract: Recently, the judicial application of legitimate defense has aroused great repercussions in society, and it has also attracted scholars to conduct research on this. However, as far as the current research is concerned, there is a problem of insufficient problem-oriented consciousness. It is necessary to clarify the reasons for the deviation of the legitimate defense judicial determination, not only because of the lack of theoretical construction, but also because the actual policy of the judicial practice to adopt "maintenance of stability" as the main idea violates the legitimate foundation of criminal policy. Moreover, legitimate defense has the characteristics of substantiveity and openness. The theoretical construction of doctrine is doomed to achieve its intended purpose, and a breakthrough must be made in criminal policy. In the judicial application of criminal policy, non-preventive factors and civil prevention measures are included in the scope of criminal policy. This must be amended: at the level of judicial concept, it is necessary to establish a judgment mechanism for the prevention of legitimate defense and clarify the norms of criminal policy. Connotation, clarify the content of prevention of legitimate defense and abide by the requirements of modesty; in terms of methodology, carry out corrective attempts based on the necessity of prevention, which can be reformed in the rules of evidence, standards of oversight and preconditions of defense, and follow The prosecutorial case guidance system establishes a deviation reporting system on legitimate defense.
Keywords: justifiable defense system; stable; criminal policy science; judicial correction; prevention necessity