被害人暴虐品性证据补强正当防卫的证明研究

A Study of the Proof of Violent-Character Corroborating Evidence of the Victim for Justifiable Defense

防卫意图是证明正当防卫成立的要件之一,也是案件事实认定的难点。运用被害人暴虐品性证据可以补强防卫意图的证明。品性与行为之间具有相关性,所以被告人面对具有暴虐品性的被害人,往往会产生恐惧、紧张、愤怒等情绪。重视对被害人暴虐品性证据的运用,既可以补强证明“不法侵害正在进行”,也可以从防卫意图上解释“防卫行为未明显超过必要限度”,有助于解决司法实践中正当防卫认定中的难题。加强对被害人暴虐品性证据的研究,这既是捍卫“法不能向不法让步”精神的要求,也是对不良品性的贬损,有利于营造惩恶扬善的社会风气。

Defensive intent is one of the elements of the proof that constitutes justifiable defense, and it is also a difficult point in determining the facts of the case. The violent-character evidence can be used to reinforce the proof of defensive intent. There is a kind of relevance between character and behavior, accordingly, and the defendant often has such emotions as fear, nervousness, and anger, when confronted with the victims with the violent character. Attaching importance to the use of the violent-character evidence of the victim can either reinforce the proof of “unlawful infringement in progress” or explain from the perspective of defensive intent that “the defensive conduct has not clearly exceeded the necessary limits”, which is conductive to solving the tough problem in the identification of justifiable defense in judicial practice. Furthering the research into the violent-character evidence of the victim not only helps uphold the spirit of “law should never give way to lawlessness”, but also shows a?contempt?for?the bad character, which is conducive to constructing the social atmosphere of punishing the evil and promoting the goodness.