The Boundary Between Self-defense And Intentional Injury From The Case Of Intentional Injury In Yu Huan

Like stone hitting water,Yuhuan’s case caused a big stir in the legal academia.To the same case,The high court and the intermediate court given different judgements and made a different punishment.The idea of a crime or not and whether justifiable defense is tenable are at opposite poles.In this article,from two aspects of subjective and objective,we explore the influencing factors that the imparity of justice department on the application of the law.Justifiable defense system,as an very important crime deterrent provisions of criminal law in our country can give play to the role of outlet where is worthy of our thinking,this paper revolves around for huan case involving the legal basis of sufficient demonstration analysis,from the justifiable defense system of legislative intention and specific applicable law,this paper analyses the constitutive requirements of justifiable defense intentional injury cases.In huan the reversal of the case,to the vast majority of judicial cases have a fistfight plot of the defendant and his defenders to justifiable defence as the main opinions of defense,defense,clearly intentional injury and the boundary of the justifiable defense is especially important in today’s judicial environment,especially fistfight behavior cases deliberately harm and justifiable defense exists in the objective behavior of high coincidence,the main content of this paper has the outstanding practical significance.This thesis is just to seize the cases that are easy to ignore and confuse the conclusion of intentional injury of justifiable defense behavior to demonstrate whether there should be defensive intention to judge whether it is justifiable defense or intentional injury;From the perspective of the balance of interests to judge whether the defense is excessive and thus constitutes intentional injury.