Defense Significance And Defense Rules In Drawing Support From Prior Crime

At the end of August 2018,the video of "Kunshan Chopping Case" caused crazy forwarding on the Internet.As the follow-up behavior,Haiming Yu rebelled against the first infringement,and then killed the behavior of the first infringer,which triggered widespread concern in society.The reason is that these controversies ignore the causal relationship between the first crime and the follow-up behavior,and fall into the "hidden rules" that define the result.Faced with the same predicament,there are morbid reactions and lynchings caused by prior crimes,and follow-up crimes have the first cause of crime.In other words,if the follow-up agent is in the victim's situation of the first-time crime,or has the victimis psychology,the follow-up behavior of the implementation is objectively consistent with the criminal constituent elements,but it is significantly different from the same general criminal behavior regardless of the motivation,process,and result expectation.This paper suggests that this type of litigation subject should be resorted to prior criminal defense,which is the defendant defended against innocence or sin by the existence of the cause of the first crime.By the research of possibility and rules of prior criminal defense,fully understanding the victim's predicament,victim's psychology,and victimization caused by prior crimes,and also considering the possibility of conflicts between more complicated complaints and defenses.All these will help to achieve the refinement and confrontational design of such litigation topics,and then give a sinless or sinful defense for a subsequent possible crime(which may or may not be a crime).By tracking back the theory basis of drawing support from prior criminal defense,this paper explores the special defenses that follow-up offenders can take against several major types of follow-up disputes,and analyzes the burden of proof and defense of relevant special defenses.A brief description of the prohibitive matters,so as to construct specific rules of innocence,guilt,and exemption from the perspective of procedural law,in order to achieve a balance between litigation status and responsibility distribution between the prior criminal and the follow-up offenders.