Xia Junfeng Case Legal Analysis

In recent years, the problem of urban management has been concerned. Urbanmanagement and vendors who make ends meet by tricycle was the relationship betweenmanagers and the managed. However, it falls into antagonism between explusion and escape,management and survival gradually. All kinds of law enforcement of violence andincivilization are exposed by the press in an endless stream. Urban management staff areconsidered to be barbaric and the mobile vendors become the weak. However, public opinionsalways tend to the weak naturally. The case of Xia Junfeng reminds people of the homicidalact as the result of his extreme anger towards the violent law enforcement of city management.On September25,2013, Xia Junfeng was executed by lethal injection. Xia Junfeng insistedthat he is in self-defense before being executed and hoped his wife could continue to appeal.The case of Xia Junfeng is a tragedy, which not only makes Xia Junfeng lost his precious life,but also brings lingering pain for three families. As the end of the Xia Junfeng’s execution, thelegal issues hidden behind in this case that Xia Junfeng’s behavior is considered to be thecrime of intentional homicide or self-defense; Whether the victims should be responsible forthe result and the existence of a crime of passion deserve further discussion.This thesis consists of four parts. The first part is introduction about the topic selectionbackground and significance, research status at home and abroad, research methods andinnovation. The comments on this case at home and abroad and the research situation of lawenforcement of the urban management are simply expounded for the following analysis. Thesecond part is the case review. After introducing the basic facts and the verdict, the focus ofdispute is illustrated, constituting the defendant subjective aspect， whether the victimcommits crime or is in self-defense，the sentencing on Xia Junfeng to apply the death penaltyis proper or not. These issues influence the conviction of this case. The third part is aboutlegal analysis of the case which is divided into two sections. The first section is the convictionproblem analysis of Xia Junfeng, including: whether Xia Junfeng’s behavior constitutes amurder or justifiable defense; In the second section, sentencing issue of Xia Junfeng isanalyzed, combining the regulation of our country current law of sentencing issues to explorewhether the victim fault can influence the sentencing and the crime of passion as thelegitimacy of sentencing plot.The fourth part is about the enlightenment of Xia Junfeng’s case. This part consists of two sections. The first section is the practical significance and beneficial reference brought by thecase, including:whether the fault of self-defense, the case can be applied to the death penaltyand its revelation for the judicial and suggestions to law enforcement of our country urbanmanagement; The second section is about situation of China’s death penalty sentencing andthe thinking of improvement.