Criminal Law Analysis Of Yu Huan Case

The research on the justifiable defense system has been the focus of the law community.Yu Huan's case triggered a hot debate of the criminal law community on it,chiefly about the identification of the urgency of defense,judgment on “perpetration”in special defense and identification of unjustifiable self-defense.Defense urgency refers to the act of urgent defense in the case of unlawful attack.Its identification should be comprehensively made on the basis of facts rather than consequentialism and corrected by the subjective will of the self-defender.According to the theory of corrective actions,Yu Huan's action for urgent defense could be judged as justifiable defense.The identification of “perpetration” in special defense is of critical importance,which should be made on the principle of unifying subjective and objective factors and comprehensively in terms of subjective fault form,behavioral pattern,consequence and subjective will.According to the “theory of death by serious injury”unifying subjective and objective factors,Du Zhihao's actions were not “perpetration”and Yu Huan's special defense was not justifiable.The identification of unjustifiable self-defense should follow the holistic theory of unifying subjective and objective factors,analyze the difference between the result and nature of defense and those of infringement and make overall judgment of defensive behaviors considering the subjective will of the self-defender.According to the “holistic theory” unifying subjective and objective factors,Yu Huan's action“obviously exceeded the limits of necessity” and “caused serious injury” and therefore should be judged as unjustifiable defense.