Analysis Of Wang's Intentional Homicide Cases

With the enhancement of people's legal awareness,in the cases of intentional injury and intentional killing of human beings,people increasingly use justifiable defense as justification.According to the provisions of our criminal law,justifiable defense is to protect legitimate rights and interests from the ongoing infringement,and to prevent unlawful infringement and cause damage.Although the law provides that citizens have the right to defend themselves,the exercise of their rights must be restricted.If a citizen stops an encroachment beyond the limits prescribed by law and causes serious consequences,it is considered as excessive defense,and the defense act will turn from legal to illegal.One of the main points of contention in the case of wang jianhai is whether wang jianhai's behavior is excessive defense.The court of first instance and the court of second instance held that wang jianhai did not have any defense circumstances,and wang jianhai and his defense lawyers believed that wang jianhai's behavior was excessive defense.In the cases of intentional injury and intentional killing of human beings,the two crimes are often confused in judicial practice because they are very similar in objective expression form and the doer is often reluctant to disclose the real purpose of the crime.The objective manifestation of intentional homicide is to take the life of others,while the objective manifestation of intentional injury is to cause physical disability or death of others.The second point of contention in wang'scase is whether wang's act constitutes intentional homicide or intentional injury.The court of first instance,second instance and retrial held that wang jianhai constituted the crime of intentional homicide.Wang jianhai and his defense lawyers proposed that wang jianhai had no intention to kill and that wang jianhai's behavior constituted the crime of intentional injury.This paper argues that wang jianhai is defending the ongoing infringement.Although it causes serious consequences of the death of the infringer,it conforms to the circumstances of special defense.Therefore,wang jianhai's behavior is justifiable defense.It doesn't constitute intentional homicide and it doesn't constitute intentional injury.