Analysis Of Bi Zhongwu's Intentional Injury Case

With the advancement of cases such as Yu huan and Kun shan anti-killing cases,China's Supreme People's Procuratorate has clarified that the protection of legitimate defense benefits is not limited to life and health,but also includes other legitimate rights and interests such as personal freedom and personal dignity.After the result of the victim's serious injury or death,the key point of distinguishing between intentional injury and legitimate defense lies in the factor of whether the perpetrator has subjective defense intention,and the necessity of the subjective defense intention in China's criminal law academics.It is divided into two major schools: defense intentions and defense intentions.On the premise of insisting on the intention of defense,this article focuses on how to identify the subjective defense of the perpetrator from the aspects of defense awareness and defense will.After having the cause,time condition,subjective condition and object condition of the square defense,there is still an obvious necessary limit on the legitimate defense.This paper discusses the definition of the legitimate defense limit when the defense limit is properly said.factor.This paper believes that in defining the limits of defense,a basic principle should be established,that is,the criteria for comprehensively identifying the limits of defense should be combined with the specific circumstances of the case.Specifically,in the case,the dimensions of the unlawful infringement and the dimension of the defender's defense behavior can be used as the two dimensions.The reference factor for defense limits,and not just the result is the sole criterion for defining the limits of defense.