Research On The Judicial Determination Of Self-defense About Yu Huan

The self-defense system is a legal system with a long history.In the legal system of our country,20th articles of criminal law,128th articles of general principles of civil law and 30th articles of tort law are respectively stipulated in the relevant contents of the system of self-defense.The case of Yu Huan is the typical application of self-defense system in judicial practice.The main controversies in this case are mainly about three aspects:the identification of the nature of Yu Huan's behavior,the identification of defense time and the judgement of defense limits.From the comparison between the first instance and the second instance,the two level court's argument process and conclusion are quite different.The premise of self-defense is the existence of unlawful infringement.As long as there is the damage or threat to the legitimate rights and interests,no matter what kinds of rights or interests of the object of unlawful infringement,the right of defense can be exercised.And the types of rights and interests should not be restricted in the process of judicial determination.The rights and interests of Yu Huan and his mother are subjected to a complex type of infringement,which fully conforms to the precondition of defense.So the act of Yu huan is a justifiable defense rather than an intentional injury.In the defense time,according to the specific situation of this case,the police appearance does not end the act of unlawful infringement,and the unlawful infringement is still under way.In another word,the time point of taking the defense is certainly in accordance with the provisions of the defense time.Because of the emergence of representatives of public authorities,it is a one-sided and certain judgement to deny the urgency of illegal infringement.The identification of defence limits requires the fact of a comprehensive case.Overall,Yu Huan was suffering maltreatment for a long time and witnessed his mother in disgrace.When he faced ele'ven dunners who had triad backgrounds,he made legitimate defence caused a dead two injured,which is reasonable.People cannot judge Yu Huan was overly defensive just from the result,which is also what the judicial ruling should avoid.