Legal Analysis Of Yu Huan’s Case

Justifiable defense is an important right to protect the citizen by law,and any citizen can defend the illegal infringement in order to protect the legitimate rights and interests.However,in the judicial practice of our country,there is a problem of "difficult to identify" in the standard of justifiable defense,and it is even more unclear under what circumstances the people can defend themselves.In particular,the criteria for the identification of the causes,time and limits of the justifiable defense are still not unified in theory,which makes it difficult to grasp the standard of justifiable defense in judicial practice.Based on the thinking of Yu Huan’s case,the article discusses the main problems of the judgment of justifiable defense and the existing legal basis in judicial practice,and analyzes the standard of justifiable defense through the existing theories.The causes of disagreement in Yu Huan’s case,for the first is the nature of Yu Huan’s behavior,that is,whether Yu Huan’s behavior is self-defense.This paper will discuss the nature of its behavior from two aspects: the cause and the time condition of legitimate defense.Justifiable defense is caused by unlawful infringement,which should include criminal acts and general illegal acts,and it does not refer to all illegal and criminal acts.It is unlawful to infringe on the characteristics of wrongful,infringing,and realistic urgency.Therefore,only when there are realistic and urgent unlawful infringement,defense personnel can carry out defense behavior.In the determination of the time conditions,we can start with the two aspects of the unlawful infringement of the beginning and the unlawful infringement.By analyzing the beginning and ending time of the illegal infringement,it is determined that Yu Huan’s behavior is a defensive act under the premise that the illegal infringement is being carried out.Secondly,The article analyzes the theory of the self-defense limit in the criminal law of our country on the defense limit of Yu Huan case.At present,the theory of the limit of justifiable defense in our country mainly has the basic adaptation theory,the necessity of saying and the equivalent.According to the current situation of our country’s legislation,to define the necessary limits of legitimate defense accurately,we should take the theory of equivalence as the basis,synthesize the principle of necessary limit and combine the case situation to analyze the intensity,the priority and the rights and interests of the illegal infringement.Based on the analysis of the limitation of justifiable defense and its exclusion,the conclusion that the behavior of Yu Huan belongs to excessive defense and should bear criminal responsibility.The reason why this case has aroused hot discussion,It reflects the dispute between reason and law,public opinion and judicature.At the end of the article,we analyzes the conflict and resolution of jurisprudence and reason and the positive interaction between judicature and public opinion under the background of our country’s special national conditions.Starting from a hot criminal case,if we do not establish an effective channel of communication between the judiciary and the public,the public will feel free to vent their dissatisfaction with the judicial situation,which will have a serious negative impact on the authority of the judiciary.Therefore,we should make a systematic and comprehensive analysis of reason and law,judicature and public opinion in order to achieve the complementary situation between reason and law,public opinion and judicature,to safeguard the legitimate rights and interests of Chinese citizens and to realize the rule of law in our country.