Laiyuan anti-killing case refers to a case in Laiyuan County, Hebei Province from 2065438 to 2009, in which a man was injured by many people and fought back with a kitchen knife when the alarm failed, resulting in one death and two injuries. In this case, the victim and his friends violently beat Laiyuan man and threatened to kill him. Laiyuan man defended himself with a kitchen knife to protect himself and his family, causing one death and two injuries. After trial by the court, Laiyuan man was finally acquitted. The case embodies the provisions of Article 20 of China's Criminal Law on justifiable defense, which stipulates: "The defensive acts carried out in emergency avoidance shall not be criminally responsible; Those who exceed the necessary limit and cause serious injury or death shall bear criminal responsibility, except if the circumstances are obviously minor. " In the Laiyuan anti-killing case, the Laiyuan man faced the threat of violence to protect the rights and interests of himself and his family, which was not intentional injury and homicide. Its defensive behavior conforms to the law and belongs to legitimate defensive behavior. The judgment fully shows the characteristics of the socialist legal system, that is, it solves contradictions and disputes according to law and safeguards fairness and justice.
What is the limit of self-defense? Self-defense behavior must meet the following four conditions: 1. Being in a state of illegal infringement; 2. Emergency hedging; 3. Necessary defense; 4. There is no suspicion of excessive defense. The limit of self-defense needs to be determined according to the specific situation. Those who exceed the necessary limit and cause serious injury or death shall bear criminal responsibility.
Self-defense is a criminal responsibility exemption system to protect citizens' personal safety and property safety, which plays a very important role in the construction of socialist rule of law. The self-defense judgment of Laiyuan's anti-homicide case embodies the justice and authority of our laws and shows the achievements of the rule of law construction in Socialism with Chinese characteristics.
Legal basis:
Article 20 of the Criminal Law of People's Republic of China (PRC) does not bear criminal responsibility for defensive acts carried out in emergency avoidance; Those who exceed the necessary limit and cause serious injury or death shall bear criminal responsibility, except those whose circumstances are obviously minor.