The Analysis On Li Yingjun Intentional Injury Crime Case

Li Yingjun intentional injury crime case,the prosecution organs,the judiciary and the defendant around the case of the main focus of the dispute,including whether the defendant’s behavior is legitimate defense,the defendant’s behavior is set up defense and the defendant’s behavior is not the existence of defensive nature Set up general intentional injury.The proper defense system has a long history and rich practical and ethical values.China’s criminal law provides proper defense with subjective conditions,causes,object conditions,time conditions and limit conditions five elements.In this case,the defendant’s conduct has the fundamental purpose of legitimate defense,and should not be on the grounds that the victim has intention to defend the intention of the defense,should be sure that the defendant’s behavior has a defensive purpose,and therefore should not be evaluated as not Intentional assault with a defensive nature.Moreover,in the second phase of the victim’s execution of the violation,the defendant is facing a violent crime that seriously endangers the safety of the person,which may be subject to special defense and not limited to general legitimate defense.There is no limit in the case of special defense,there is no need to judge whether it is too,that the defendant constitutes a defensive point of view is not accurate,is wrong to implement the case of special legitimate defense mistakenly believe that only the implementation of general legitimate defense situation.In this case,the defendant subjective defense purpose,with the implementation of special legitimate defense of the conditions,the defense object has always been against the unlawful infringement,the implementation of defense means when the law is still in progress,so meet the implementation of special defense of all conditions,Should be identified as legitimate defense.In addition,the practice of the judiciary on the legitimate defense of the tend to be conservative,in defense intentions,defense time and defense limits and other aspects of the use of more stringent criteria,the status quo should be improved to maintain the legitimate defense of citizens,to encourage citizens bravely Fight against criminal acts.