Analysis of the Guiding Opinions on the Application of the Justifiable Defense System According to Law

Abstract

China’s Supreme People’s Court, the Supreme People’s Procuratorate and the Ministry of Public Security on September 3, 2020 jointly issued the “guidance on the application of legitimate self-defense system according to law” (hereinafter referred to as the “Guiding Opinions”), the “Guiding Opinions” of the social four sides in the handling of legitimate self-defense cases in the balance of the situation of each side of the word has played an effective role in determining the score to stop the dispute. However, while refining the conditions of self-defense, there are also problems such as incomplete regulation of the listed factors, and thus in the future, it is necessary to improve the Guidance Opinions, in order to make it more reasonable to serve the practice and the interests of the people.