论滥用互殴对正当防卫司法适用的影响——基于500份刑事判决文书的分析

On the Influence of Abusing Mutual Affray on Judicial Application of Justifiable Defense——Based on an Analysis of 500 Criminal Sentencing Documents

近年来,一些涉及正当防卫的案件引发舆论热议,在司法实务中互殴概念的不明确以及滥用互殴,导致了很多法律适用及事实认定的错误。应明确界定互殴概念,对互殴类型重新划分,明确互殴适用范围,防止互殴滥用,使得正当防卫制度能更好地打击犯罪,维护社会安定秩序,发挥正当防卫制度应有之义。

In recent years,some cases involving justifiable defense have aroused heated public debate.The ambiguous concept of mutual affray and the abuse of mutual affray in judicial practice have led to many errors in the application of laws and the fact-finding.The concept of mutual affray should be clearly defined;the types of mutual affray should be reclassified;the applicable scope of mutual affray should be clearly defined,and the abuse of mutual affray should be prevented,so that the system of justifiable defense can better fight crimes,maintain social stability and order,and give full play to the due meaning of the system of justifiable defense.