Research On The Case Of Yu Huan

Yu Huan case,one of the top ten cases in 2017 selected by the Rule of Law Daily,has aroused widespread concern in the community through media reports.In the eyes of all legal persons and even the people of the country,the second instance of Yu Huan case was finally decided on June 23,2017.It has never been considered that Yu Huan acts are defensive in nature,that Yu Huan acts are excessively defensive,that is,from life imprisonment to expiration.Five years' imprisonment reflects the further attention paid by the judicial circles to the legitimate defense system and the further improvement of the legal environment in China.Judgment reform in Yuhuan case is justified by law and reason,which is a milestone in dealing with justifiable defense cases in China.From the perspective of Yuhuang case,this paper analyzes Yuhuang case,combines the concepts and constitutions of justifiable defense and excessive defense,as well as the current situation of over-stringent and conservative identification of justifiable defense in judicial practice,and proposes appropriate relaxation of the origin and urgency of justifiable defense,appropriate relaxation of the limits of defense and improvement.In order to enlighten the judicial practice and realize the significance of the legitimate defense system,three suggestions are put forward on the status of the defense consciousness in the establishment conditions of legitimate defense.