"Yu Huan Case" Research

The justifiable defense system is an important system in the criminal law,endowing every citizen with the right of justifiable defense.The system of justifiable defense embodies the protection function in the task of our criminal law,which has rich connotation and often causes disputes in judicial practice.The application of justifiable defense is a difficult point in judicial practice."Yu huan case" is a typical example of the application of justifiable defense system in judicial practice,which has attracted public attention.This case is controversial,and experts and scholars have focused on it.At first,the paper introduces the basic situation of yu huan case and the judgment result,and sorts out the scholars' different viewpoints and controversial points.Then,it is divided into three parts to clarify these focus issues,which are also controversial issues in the justifiable defense system,namely,whether there is illegal infringement and defense urgency in this case,and whether yu huan's defense behavior exceeds the defense limit.Some Suggestions are given in the corresponding chapter.Within the existing legal framework,the scope of unlawful infringement and the determination of urgency can be appropriately relaxed,and the limit of defense can be appropriately relaxed,so as to analyze the limit from the two aspects of defense behavior and defense result.It is hoped that the justifiable defense system can play its due role better.