Analysis Of The Application Of Justifiable Defense In The "Yu Huan" Case

Justifiable defense is one of the important system of criminal law in our country,aimed at encouraging citizens when the legitimate rights and interests suffer violation,the emergency and public power can't arrive in time,positive and brave and ongoing fight lawlessness,deter illegal crime molecules.This article around the “YuHuan” case analysis belongs to the justifiable defense,whether the YuHuan behavior first summed up the case of disputes,such as in the first instance is the main focus of the dispute to the problem of illegal violation of,the judges in violation with "standard" and through own Angle to judge the situation is urgent at that time.Criteria to judge the author thinks that the violation shall be subject to the circumstances rather than the standard,should be based on rational person standard to judge rather than judge standard,only in this way can effectively protect to defend the rights of real people.Focus on the analysis of the related controversy,through the theoretical knowledge and the scholar's point of view,expounded its own view of focus on how to solve the disputes,and qualitative analysis for YuHuan's behavior.In this article,the author's own judicial practice experience and the theory of criminal law study,the combination of passes around the "YuHuan" were analyzed,and the using case type writing mode,analysis of justifiable defense system in the case of application problems,such as the violation of identifying,excessive defense and the special defense of a detailed in this paper.Specifically,this paper is divided into five parts:The first part introduces the real case of the intentional wounding case,summarizes the core controversies in the first and second trials,and focuses on these disputes as the focus of the discussion below.The second part analyzes the controversial focus of the first instance.This case in the illegal violation that is controversial,such as the judges whether the infringement party fails to use tools for the negative at that time,the harm of the illegal violation,can be considered illegal restriction in YuHuan personal freedom behavior of mother and son two people do not have the urgency,whether to judge's cognition,and "standard" as a standard of judging whether has the urgency and so on,the author through the consult relevant knowledge express own opinion;The third part analyzes the dispute focus in second instance.There are two points of contention in this case: one is the determination of special defense,and the other is the determination of whether or not to constitute a defense.In the identification of special defense,some scholars believe that the pleasure behavior belongs to the special defense,to expand the scope of application of the attack in the prerequisite of special defense,to discuss its viewpoint.At the time of the defence,the judges were disputing the consequentialism.After summarizing the viewpointsof relevant scholars,I published my humble opinion.The fourth part for YuHuan behavior qualitative analysis,the defense limit the illegal violation,and special defense based on theoretical analysis,the author thinks that the behavior of the YuHuan belong to the defensive behavior,and belongs to the justifiable defense;Fifth part of conclusion,some of these accordingly and induces the justifiable defense system problems in the judicial practice,the reasons for these problems,and according to related problem put forward their own Suggestions to cope with the situation,and concludes the paper.