Analysis Of Yu Huan's Intentional Injury Case

The system of justifiable defense is not only an important reason of preventing illegality,but also an important right of private relief.China's criminal law article 20 made specific provision for justifiable defense system,countries in the form of the legal right of the civil defense,encouraging citizens on violation when attacked illegally dare to fight back,is a citizen cannot receive timely in the face of the violation of national public aid force to protect their own legitimate rights and interests from harm and implementation of a right against behavior,has legitimacy and legality.If an act of defense causes harmful consequences within the limits of defense,it shall not only bear no criminal responsibility,but also be protected by the criminal law.It also acts as a deterrent and warning to criminals.Although our country criminal law made clear provisions for justifiable defense system,but on the condition of justifiable defense set up a more general,fuzzy rules,a lot of problems exist in practice often,combined with the judicial personnel thinking too dogmatic,rigid,so that a lot about the judicial judgment of defense cases suffered from peoples universal question,causing heated debate.As for the intentional injury case of yu huan,which is widely concerned by the society,the court of first instance and the court of second instance have different opinions on the behavior determination of the parties in this case and the application of law,and there is a huge deviation in the judgment of the same case,which has caused fierce discussion in academia and heated discussion among the public.Based on the comprehensive analysis of all the facts of this case,the author concludes that the focus of this case is as follows:whether the insult and illegal detention by du zhihao and others can be identified as an unlawful infringement in the sense of justifiable defense;Whether the act of infringement by du zhihao has realistic urgency;Whether the serious consequences caused by huan's knife resistance meet the limits for the establishment of justifiable defense.This article also takes these three dispute questions as the research object to carry on the research,finally carries on the reflection to the case and puts forward some consummates the justifiable defense system the suggestion.The thesis mainly includes the following parts.The first part is the introduction of the paper,which mainly explains the background of the topic selection,the significance of selecting this case as the research object,the research summary,themain research methods used in the writing process and the innovation of the paper.The second part expounds the case of yu huan intentional injury,the trial situation and the verdict of the court of first instance and the court of second instance.The third part summarizes the dispute focus of the case.On the basis of the court's trial and explanation of the verdict in the second part,it summarizes the dispute focus of the case and obtains three dispute focus of this case,namely,whether there is unlawful infringement in this case;Whether the infringement by du zhihao is urgent or not;Whether yu huan's act of resistance is in line with excessive defense.The fourth part is to use the criminal law theory to analyze the dispute focus of the case.First of all,the author defines the meaning,scope and urgency of unlawful infringement.On the basis of comprehensive analysis of the case and combining with the theory of justifiable defense of criminal law,the author believes that the cause of defense exists in this case.The detainment of the victim not only fully conforms to the premise of justifiable defense,but also has urgency.At last,it analyzes and demonstrates whether yu huan's counterattack meets the limit conditions of establishing justifiable defense.The fifth part is the reflection and suggestion of this case.Firstly,the author makes a deep reflection on the causes of the difficult identification of justifiable defense in judicial practice,and then puts forward corresponding countermeasures and Suggestions on how to correctly grasp and improve the system of justifiable defense in judicial practice.