Analysis Of The Yu Huan Case And Other Justifiable Defense Cases

Justifiable defense is an important system in China’s criminal law,which aims to encourage citizens to do good and fight against illegal infringement.The system of justifiable defense needs to meet the social and political evaluation and legal evaluation.The four cases of yu huan’s intentional injury case,zhu fengshan’s intentional injury case,laiyuan’s anti-killing case and zhao yu’s justifiable defense case all involve controversial issues such as whether the act of the doer is an unlawful infringement,whether the act of the doer exceeds the defense limit,and whether the act of the doer is justifiable defense.In the case of yu huan’s intentional injury and that of zhu fengshan’s intentional injury,the determination of the unlawful infringement is the key.It is generally believed that illegal infringement must meet two conditions simultaneously: one is social harmfulness,the other is urgency of infringement[1].There are differences between objective and subjective wrongfulness in the determination of social harmfulness in the academic circle.Yu huan’s intentional injury case and zhu fengshan’s intentional injury case were identified as defense over the necessary limit,belonging to the defense when the laiyuan anti-killing case and zhao yu case identified as legitimate defense.There is a theoretical divergence between the basic adaptation theory and the objective need theory in the academic circle.However,both of them have their own shortcomings.Combining them for unified compromise is helpful to solve the identification of the necessary limit of justifiable defense.Tong said that in our criminal law constitutes self-defense needs at the same time satisfy the following five conditions: one is only for illegal violation can implement the justifiable defense,the second is only implement the justifiable defense to the unlawful infringer,the third is the violation must be ongoing,four is justifiable defence cannot exceed limits of necessity,five is the defensive behavior is in order to protect the legitimate rights and interests.In the determination of justifiable defense,but there are still some theoretical disputes.In terms of legal provisions,the identification of justifiable defense is not clear,and there is no specific unified standard for the identification of limits,resulting in different judgments of the same case in judicial practice.