The Analysis Of Defense Similar Cases Of Entry Infringement In The Deep Of Night Caused By Zhufeng Shan And Others

In recent years,the cases involving self-defense frequently lead to a great discussion in the academic circle of criminal law and public opinion.In reality,it is difficult to identify self-defense as excessive defense,even intentional injury and intentional homicide.In the intentional injury case of Zhu Fengshan,Zhu Fengshan could not bear Qi’s harassment of himself and his family for many times,and stabbed Qi to death by crossing the wall and entering the room at night with a sharp knife;there were similar cases in Laiyuan anti homicide case and Wang Tiezhu and Wang Yucheng’s intentional injury cases,which resulted in defensive behavior caused by illegal invasion at night,and eventually resulted in the death of the infringer.Several cases have the same focus of controversy: 1.Whether the defense behavior exceeds the necessary limit of justifiable defense;2.Whether the special defense right can be implemented;3.What kind of accusation should be made for excessive defense.In order to clarify these controversial points,we should first return to the limit standard of self-defense,which is also the difficulty of self-defense.In addition to the traditional factors such as the intensity of illegal infringement,the legal interests of infringement,the degree of knowledge of defenders and the priority of illegal infringement,we should consider the unity of subjectivity and objectivity and the specific analysis of specific cases.According to the analysis of three sample cases,if a defender wants to exercise the right of special defense,he must satisfy both time premise and intensity premise.While advocating the reasonable application of the right of special defense,we should also avoid "intentional people" abusing the legal provisions to achieve illegal purposes.If the behavior of the defender is not identified as justifiable defense,but considers the circumstances of defense so as to establish excessive defense,then the crime form of indirect intent can be fully considered in conviction,which can best reflect the combination of leniency and strictness in criminal law.In short,due to the unclear legal provisions of self-defense,the judicial identification of self-defense is facing many difficulties.Only by actively exploring the practical path of self-defense,by re examining the legal regulation of self-defense,improving the applicability of the existing system,enhancing the professional quality of judicial personnel,improving the legal professional security,and reasonably guiding public opinion,can we effectively improve the problem of self-defense that is hard to be recognized and dare not be identified.