Is A Crime Or Courageous

The young men in order to get back the colleagues bicycle which is stolen by the thief, on the way he called the thief stop, but failed, so he waved the belt towards the thief. The thief lost balance and caused himself killed. First instance judge held that yang man guilty of negligence causing death and sentenced to a penalty. The case has aroused strong reaction from users, resulting in the public and the legal profession in sharp opposition on the views of this case. The reason is public and the legal profession has differences in the way of thinking. Thinking of people basic demands reasonable, intuitive, holistic, substantive and rational intelligence; the legal profession who thought the law (criminal law) as the basic demands of legitimacy is based on the specific provisions of the law provided for a technical analytical thinking .The legal profession thinking appears to strictly enforce the law, but if the basic demands of the reasonable left, completely abandoned the holistic thinking and substantive thinking, it is possible to deviate from the spirit of the law. Because the basic demands of the law is reasonable. Modern society requires a rational legislation, to achieve social justice is the core value of the law. But this reasonable demands of the legislation will be subject to a variety of factors, it can not be a perfect performance in the law. These constraints include legal abstraction, fuzzy, hysteresis, and technical oversight legislation, so when the law met real life, it lead all kinds of cases caused by the rationality and legitimacy conflict.The task of the judiciary is to eliminate constraints caused by the legislation in the form of legal and real tension between reasonable. If the reasonable demands of the spirit of the law because of legislative constraints have been covered, then, the judiciary should be removed this masking real insight into the spirit of the law. If the reasonable demands of the spirit of the law because of legislative constraints which are distorted, so that the legal and the conflict between rationality, then, the judiciary should be restored to the original spirit of the law as far as digestion and the tension between the legitimate and reasonable relations, to maximize the realization of the reasonable demands of the law in the case. This is the proper meaning of dynamic justice, public trust is an important condition for the law.Discussion on this case, the party led to the death of thieves, from a technical analysis appears to meet the wrongful death elements of the crime, but in the view of the humility spirit of the modern criminal law , the purpose of punishment, what the law and the legal pursuit of and the social effects. The behavior should not be consider as criminalization , it should be protected and provided affirmation. From the analysis of criminal law, the judiciary can use self-defense theory, probability theory and objective look forward to blame the perpetrator to find the path of out crime. Of course, the best way to solve this problem is legislation, to set the help action as negates the subject of crime, and drawing on foreign criminal theory as expectations and objective blame.