Why is Yu Huan's case an excessive defense?

Is it self-defense or excessive defense?

From the analysis of the existing facts and relevant evidence (excluding the factors outside the case), it should be considered as excessive defense, not as justifiable defense, including unlimited defense. The specific analysis is as follows:

Yu Huan gathered a number of usury creditors to extort incomplete legal claims (usury) and illegally restricted the personal freedom of the mother and son for several hours. After the mother and herself suffered great humiliation, they fought back violently under the condition of seeking legal protection, which directly caused the injurer 1 death. Its behavior has the legitimacy of defense, and the premise has the legitimacy of defense purpose.

It should be noted that the illegal behavior of debt collectors has been continuing, because when the police arrived at the scene after the alarm, their state of being restricted from personal freedom did not change and continued, and it was a real-time and urgent defense, not an untimely and urgent defense.

However, its defensive behavior is obviously excessive: using a knife to counter the unarmed aggression of many people; Stabbed four people in a row, directly causing 1 person to die, two seriously injured, and 1 person slightly injured.

For the above factors, we must make a comprehensive analysis before we can draw the conclusion that its defensive behavior obviously exceeds the necessary limit and causes great harm, so it belongs to excessive defense, otherwise it is difficult to draw the conclusion that it is excessive defense from only one or two aspects.

Yu Huan's excessive defense should constitute intentional injury.

First, there is indirect intention in the subjective elements, allowing multiple infringers to have physical injury results (including serious injury and injury death), that is, knowing that their actions will lead to multiple injury results, and letting the results happen;

Second, there are two stages objectively.

In the previous stage, when Yu Huan was illegally infringed, he directly implemented legitimate and legitimate defense (justifiable defense). In the later period, when Yu Huan was defending, his behavior was unrestrained, which directly caused 1 death, 2 serious injuries and 1 minor injuries. Legal acts have also turned into illegal infringement, which constitutes a crime, and he should bear criminal responsibility according to law.

For Yu Huan's excessive defense (which constitutes the crime of intentional injury), the law stipulates that the punishment shall be mitigated or exempted. I think it is more appropriate to apply a mitigated punishment, and sentence it to more than three years 10 years, especially considering the circumstances of the case, especially sentenced to three years' imprisonment and suspended sentence. Of course, you can also apply for exemption from punishment, because you have been locked up for nearly 1 year.

In the end, Yu Huan was sentenced to five years in prison for intentional injury. When the case of 20 16 happened, it had a great impact on society. People sympathize with Yu Huan who saw her mother humiliated, but feel sorry for her intentional injury. At the same time, people are even more angry with loan sharks, illegal debt collectors, and those who trample on the dignity and human rights of others but have no laws.