First of all, is Yu Huan's stabbing and humiliating his mother a legitimate defense? Lawyer Feng Yueping of Beijing Shi Jing Law Firm believes that the fact of illegal infringement is the premise of legitimate defense, and appropriate counterattacks should be given in the process of illegal infringement. In addition, the object of defense should be the illegal infringer. Yu Huan did not belong to the other party who was committing illegal infringement when she assassinated her mother, nor did she threaten the life safety of Huan's mother and son. Although the other party's behavior is bad and outrageous, it is not enough for Yu Huan to kill him.
Excessive defense should be satisfied: objectively, the behavior that obviously exceeds the necessary limit has been carried out, causing great damage to the illegal infringer; Subjectively, it is the defender's laissez-faire or negligence and overconfident attitude towards excessive results. Criminal law theory has different opinions on the form of crime.
Those who insult their mothers use extreme means to insult their happy mothers, restrict their personal freedom, and make them suffer abuse, slap in the face, cover their mouths with shoes and so on. For any child, no one can tolerate this humiliation of his mother. Yu Huan's anger is understandable. However, although the urgency of the illegal infringement of the mother-humiliating person was reduced at that time, it did not rule out the possibility of continuing. Yu Huan's stabbing death constitutes justifiable defense, but in the case of low urgency, Yu Huan stabbed the person who insulted his mother to death, which obviously exceeded the necessary limit of defense, thus constituting excessive defense. According to Article 20 of the Criminal Law, the premise of excessive defense is justifiable defense, and excessive defense should bear criminal responsibility.
As for Yu Huan's life imprisonment for intentional injury in the first instance, it is unacceptable to the public. In the second instance, he was sentenced to five years in prison for excessive defense, which is also widely recognized by the public. Moreover, from the definition of the crime of intentional injury, Yu Huan's behavior does not constitute an important component of the crime of intentional injury. The crime of intentional injury is a subjective intention that directly hopes to cause harm to the victim's health and hopefully the victim will be hurt. Killing her mother in a hurry can't be subjective and intentional, even if it causes the other person to die.
Everyone is happy that Yu Huan is out of prison. It is said that the Yu Huan case is still an important driving force for the determination of self-defense, excessive defense and intentional injury in China, whether it is public opinion correction or misjudgment in the first instance. But the essence of the unification incident is that the huge usury owed by Yu Huan and his mother is the root cause of the tragedy. Even if this matter is over, it is still a legal obligation to repay the debt. Also pay attention to the ways and means of debt collection. The law does not allow debt collectors to threaten and attack debtors through violence.