Research On The Problem Of The Unlawful Infringement Of Justifiable Defense In Yuhuan Case

In our country's criminal law,the proper defense system is a very important system.It encourages citizens to stop illegal activities by taking effective measures to prevent legitimate crimes from being harmed by illegal infringement,and at the same time deter criminals and prevent crimes.Studying legitimate defense can not be separated from the existence of unlawful infringement.In specific cases,only by confirming the presence of illegal infringement can we consider whether or not to establish proper defense.Then we can judge whether there is the possibility of defense or the appropriateness of defense results according to the circumstances.The expression of unlawful infringement in criminal legislation is "an ongoing illegal infringement," and its meaning has not been specifically explained.The provisions on the time of illegal infringement and the limits of defense are too brief and judicial operations are difficult.The courts of the two trials had differences in whether there was any illegal infringement or lack of urgency in the case,so that the final verdict was biased in terms of the application of the law and the conviction and sentencing penalty,which caused the theoretical discussions.The controversial focus of this case on the legitimate infringement of legitimate defense includes: whether there is illegal infringement in the case,whether Du Zhihao and others' actions can be defined as improper infringement in the sense of legitimate defense;in this case,there is no urgency for illegal infringement.How to determine the criteria of urgency;Yu Huan's implementation of the defensive behavior exceeds the limits of defense against violations,this article is based on the analysis of these three controversial focuses,and finally put forward their own recommendations.This article removes the conclusions in four parts.The first part is an introduction.This part includes three aspects.The writer first expounds the background and significance of this topic.The meaning includes both theory and practice.Then it discusses the research status at home and abroad on the main content of the dissertation.Finally,it analyzes the main research methods and innovations of this paper.The second part is about the basic facts of the case and the focus of the dispute.In the introduction section of the case,the author elaborated on the occurrence of the case and the judgment of the court of second instance.Finally,it is a summary of the focus of the dispute.In Yu Huan's case,the focus of the dispute on the identification of illegal infringement includes three aspects: whether the victim's behavior is illegal or not;whether the case has the urgency of illegal infringement;whether Yu Huan's behavior exceeds illegal infringement.The defense limit constitutes a defensive misconduct,and discusses the different views of domestic scholars on the above controversial focus.The third part is the legal analysis of the focus of the dispute.First of all,the author draws lessons from the relevant theories of the theoretical circle to define the meaning and scope of unlawful infringement,and according to the relevant circumstances of the case,it is found that there is an illegal infringement in the sense of legitimate defense in this case.Then,I studied the meaning and criteria of illegal infringement of urgency,and through the analysis of the case,I determined that there was an undue infringement of the case.Finally,it discusses the illegal violation of defense limits,which is also the focus of this case.It is related to Yu Huan's conviction and sentencing.It begins with the basic theory of defense limits,discusses the relevant factors that must be considered in determining the limits of defense,and analyzes the specific circumstances of the case to analyze Yu Huan's Acts are defensive.The fourth part is the reconsideration of the problem of the illegal infringement of legitimate defense.First of all,in terms of the determination of illegal infringement,the author proceeded from the specific rights and interests of illegal infringement and was divided into personal rights and interests,property security rights,rights and interests of personality,other rights and interests,and infringement of rights and interests.Among them,cases of infringement on the dignity of human beings have occurred frequently in recent years.The author did not include them in personal interests or other rights,but separated them for research.Secondly,by using the foreign expectation possibility and social relevancy theories,we distinguish different defense limits according to the severity of illegal infringement of legal interests.Finally,it puts forward proposals for defensive sentencing,and in addition to the law,it should also consider the extent of the victim's fault and the existence of savage crimes to expand the range of relief from liability.