Analysis On The Case Of Intentional Assault By Zhang Et Al

The intentional assault cases of Zhang XX etc could be considered as typical cases to measure whether their acts are over-defense in cases of dismantlement by force.The standers to judge defense limits are theories such as the Theory of Basic Adaptation,Theory of Objective Needs and The Equivalent Theory respectively.Scholars in favor of Theory of Basic Adaptation hold the opinions that as long as we compare nature,approach,intensity and aftermath of defense acts with unlawful infringement respectively,the over-defense will be true out of consistent influence factors of both sides roughly.Theory of Indispensable Needs holds the opinions that we start from the needs of defense acts so as to put whether unlawful infringements are contained effectively into paramount position,as long as the defense acts are seen to be objective needs,these acts will be far away from the over-defense.As third theory,The Equivalent Theory insists that the intensity of defense acts should remain adequate with that of unlawful infringement,whether the defense acts contain unlawful infringement efficiently could be regarded as indispensable needs,which also needs to get in touch with perpetrator's currently objective needs to define limits of the defense acts,the over-defense will be true if failure to satisfy these two terms.The Equivalent Theory accepts key elements of necessary constrain towards perpetrator's defense acts in Theory of Necessity on the one hand and embraces essential and key features of justifiable defense in Theory of Indispensable needs on the other hand?From the Equivalent Theory stand,intentional assault cases of Zhang etc so as to concluded the conclusions that the defensive act of Zhang XX could be said to be justifiable defense out of below defense limits obviously,defensive act of Hou XX obviously exceeded defense limits;defensive acts of Fan XX exceeded defense limits towards Liu XX but didn't exceed necessary limits towards Hu XX.