Legal basis: Guiding Opinions of the Supreme People's Court, Ministry of Public Security of the Supreme People's Procuratorate on the application of the justifiable defense system according to law I. General requirements.
1. Grasp the spirit of legislation and handle cases strictly and fairly. Self-defense is a right given to citizens by law. We must accurately understand and grasp the legal provisions and legislative spirit of justifiable defense, and resolutely identify those that meet the conditions for the establishment of justifiable defense according to law. It is necessary to effectively prevent the wrong practices of "whoever can make trouble is justified" and "whoever is killed or injured is justified" and resolutely defend the spirit of the rule of law that "the law cannot bow to illegality".
2 based on specific cases, accurately identified according to law. Based on the specific situation of the defender's defense, we should comprehensively consider the whole process of the case and combine the possible reactions of ordinary people in similar situations to accurately grasp the time and limit of defense according to law. It is necessary to give full consideration to the urgency and tension of defenders in the face of illegal infringement, and prevent them from being judged by calm, rational, objective and accurate standards under normal circumstances afterwards.