更新时间:2024-09-07
正当防卫制度的案例教学及课程思政拓展
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Law-Related Education for Juveniles   ·   2024年9月7日   ·   2023年 第11期  
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AI 摘要

The combination of the rule of law and the rule of virtue is crucial in promoting the modernization of the national governance system and governance capacity in the new era. The Supreme People's Court and other institutions have issued judicial documents and guidance cases to encourage legitimate defense and protect the legitimate rights and interests of those who act bravely. The introduction of the legitimate defense system in the textbook "Introduction to Law" is relatively simple, but the author believes that this is a good opportunity to expand the ideological and political teaching of the course. The teaching methods include using video case introductions, combining textbook knowledge points to teach the concept and composition of justifiable defense, and witnessing the development of China's justifiable defense system with specific cases.

A Case Study: The Development Path of China's Legitimate Defense System

The "Huang Zhongquan case" demonstrated the limitations of the legitimate defense system in judicial practice and sparked extensive discussions on the legal interpretation principles and application of the legitimate defense right. The revision of the verdict in the "Yu Huan case" through the second instance reflects the application of the justifiable defense clause in judicial practice and the recognition of excessive defense, becoming a landmark case of the rule of law. In the "Yu Haiming case", the timely application of the legitimate defense system by the public security and procuratorial organs has been recognized by society and academia, promoting the transformation of judicial concepts. These cases reflect the progress of China's legitimate defense system in legislation and judicial application, promote the understanding and practice of the rule of law spirit, and provide rich materials for case teaching and ideological and political expansion.

Expansion of Ideological and Political Education: The Rule of Law Function and Social Governance Value of the Legitimate Defense System

The legitimate defense system plays an important role in a rule of law society, and its case teaching and course ideological and political expansion are crucial for understanding the functions of the rule of law and the value of social governance. In recent years, there have been frequent cases of legitimate defense, which have attracted widespread attention from society and reflected the progress of the rule of law. Legitimate defense is not unique to modern or Western cultures. Similar systems and cases already existed in ancient China, such as the provisions in the Tang Code. In recent years, the number of cases where non prosecution decisions are made due to justifiable defense has been increasing year by year, indicating the importance of justifiable defense in judicial practice.

Three concluding remarks

Judicial organs need to safeguard citizens' legitimate defense rights, play the role of institutional rule of law and social governance, and assume the responsibility of advocating justice. The determination of legitimate defense is complex, and judicial personnel need to carefully restore the crime scene and use social experience to make judgments. Teachers should summarize their teaching, assign homework, and recommend learning resources.

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