Judicial Determination Of Special Defense

In 2018,“Yu counter-murder” case aroused widespread concern in the society because of its great controversy in the identification of legitimate self-defense.Kunshan police immediately intervened in the investigation and requested prosecutors to intervene in advance to confirm that Yu Haiming's behavior was legitimate self-defense.However,the boundary of legitimate self-defense has thus initiated profound reflection.According to the criminal law,justifiable defense should not exceed the necessary limit when fighting back against the illegal infringement.Violation,however,often with a sudden,dangerous,in an emergency situation,the parties to avoid nervous,at this time for defense is very difficult to accurately grasp the defense limit,especially in the face of the infringer strong attack,defend people will for the first time by instinct to protect themselves,think it is hard to discern what behavior is in defense within limits.In judicial practice,cases related to the identification of justifiable defense usually have great disputes.This is because the relevant legal provisions related to justifiable defense are too general,and some judges have the idea that compassion for the weak and the dead are the most important.Moreover,the law does not give enough authorization to the right of defense of citizens,which is the right of private relief.Justifiable defense requires the state to grant the monopoly relief right to individuals in the form of law,so that citizens can protect themselves even with their own strength in the emergency state without the opportunity to request public help.However,if the authorization is too large,it may cause social disorder.If the authorization is too small,citizens cannot well protect their legitimate rights and interests,nor can they stop crimes.In practice,difficulty exists in identification of legitimate self-defense.Taking Yu's counter-murder case as an example,this paper probes into the problems of "justifiable self-defense" and several “common cases of improper self-defense" in criminal law,and finally makes a criminal qualitative analysis of this case,and proposes some relevant opinions as a reference for similar cases.This paper is divided into four parts.The first part is the basic information of the case.This part mainly introduces cause of the case,details of the case,different opinions and the focus of the dispute.There are three main different opinions on the characterization of the behavior that caused Liu's death after the counterattack of Liu's infringement: the first opinion holds that Yu Haiming's behavior should be convicted of intentional injury to death or intentional murder;the second opinion holds that Yu Haiming's behavior should be seen as excessive self-defense;the third opinion holds that Yu Haiming's behavior is self-defense.Based on the comprehensive analysis of different opinions,the main disputes in this case are as follows: first,whether Liu's behavior is "murder";second,whether Liu's infringement is "in progress";third,whether Yu Haiming's behavior is legitimate self-defense.The second part is the legal analysis of related issues.This part discusses in detail several key legal issues involved in the case.First,it expounds the overview and boundary of justifiable self-defense in criminal law,and focuses on the special self-defense related to this case.The second is to discuss several common kinds of improper self-defenses,including excessive self-defense,provoking self-defense,imaginative defense and untimely self-defense mentioned in the case analysis.The third part is the analysis and conclusion of this case.Combining the legal analysis of the case,this paper holds that Yu Haiming's self-defense behavior against Liu's "murder" in the case can be seen as legitimate self-defense.The fourth part is the research enlightenment of this case.This part proposes that attention should be paid to the legislative purpose of justifiable defense in judicial practice.The legislative purpose of justifiable defense is to protect legitimate rights and interests,stop illegal infringement in time,and encourage people to fight against illegal crimes.In judicial practice,we should correctly grasp the conditions of justifiable defense.This paper analyzes from three aspects: defense time,defense means,and correctly grasp the boundary between justifiable defense and affray.