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Imaginary defense case study of Cai Yongjie

Author: XuWei
Tutor: WangYanJun
School: Heilongjiang University
Course: Legal
Keywords: Cai Yongjie Imaginary defense Intentional injury Negligence causingdeath Moral Fairness and justice
CLC: D924
Type: Master's thesis
Year: 2013
Downloads: 10
Quote: 0
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Abstract


In September2011, the Cai Yongjie imaginary defense case as the research object,is discussed from the Angle of theory and practice analysis aspect. Cai Yongjie mistookwhen the robbery happened, based on the subjective intention of kindness to help car tointercept\"robber\", the accident happened result caused him to died, was arrested bythe judicial organs to the crime of deadly, prosecutors in the complaint that intentionalinjury death, according to the law Cai Yongjie could face in prison for more thanteen-year punishment.Cai Yongjie case is a specific case in the legal theory of imaginary defense.Imaginary defense is referred to the behavior of imaginary defense, defending on theviolation does not exist in reality. Cai Yongjie case is introduced in this case, analyzedthe key form of the subjective fault and the responsibility for objective criminal.Imaginary defense is subject to three characteristics which is judgment error, thepurpose of defense, and behavior damaging consequences.The theory of imaginary defense indicates that behavior person’s legal liability, onthe basis of subjective fault angle size, is divided into accidents, criminal negligenceand intentional injury. The author thinks that it is necessary to distinguish imaginarydefense from other ordinary criminal crime. The article through the theoretical analysisand research, case comparison demonstrates the author’s point of view. The subjectivecrime of imaginary defense should be as negligence, the behavior person in the case ofthe imaginary defense should not have intentional subjective state in mind.The author in the article fully discusses the law of Cai Yongjie behavior qualitativefor the crime of causing death. As an old experienced driver, he only intended tointercept the victim, and didn’t want to knock down or hurt the victim. Cai Yongjieshould foresee that if the victim did not stop and continued to run forward, the victimmight be hit by a car, however hadn’t acceptance situation nervous Cai Yongjie want to drive to intercept, Due to the negligence of the subjective, Cai Yongjie did not foresee,and eventually led to a harmful result.Cai Yongjie case occurred at the end of2012to January2013, the Guangzhouintermediate people’s court organizes to hear the case for many times, but as of thisarticle finalized, still has not gotten the last sentence of the trial. According to the author,to understand knowledge, civil compensation of the victims, the defendant has been thecase to court to pay the compensation of nearly six hundred thousand yuan.The author expects that the article can get legal practitioners attention focusing onimaginary defense case. The author believes that national judicial organs will eventuallygive Cai Yongjie, who is an imaginary defense behavior person, an impartial judgement.Through the trial of Cai Yongjie case, it should arouse people’s heroic courage andconfidence! Passing the positive energy! The Cai Yongjie’s imaginary defense casesparked the author to deliberate on law, moral and justice of relevant law.

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