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Why is the Kunshan anti-killing case a legitimate defense?
1, which meets the constitutive requirements of self-defense. In this case, after the traffic accident, Liu Hailong punched and kicked Hamming for no reason, and returned to the car to take out a machete and cut it at Hamming continuously. These acts constitute violent crimes that seriously endanger personal safety. When Hamming's life safety is seriously threatened, it is a defense against the ongoing illegal infringement to grab a machete and fight back.
2. Support of legal provisions. According to the relevant provisions of China's criminal law, the identification of justifiable defense needs to meet the conditions of cause, time, subjectivity and prescription. In the Kunshan incident, Yu Haiming's behavior fully met these conditions.
3. Strictly apply judicial organs. In the course of handling the Kunshan case, the public security organs recognized Haiming's self-defense behavior according to law and revoked it, which reflected the strictness of law application and support for the right of self-defense.
4. It embodies the organic integration of legal sense. The judgment of Kunshan case is not only a strict application of the law, but also an important guide to the social moral system and public order and good customs, which highlights the concept that "justice should not yield to illegality", encourages citizens to be brave and promote social integrity.
5. Clarity of special defense clauses. According to the provisions of the criminal law, taking defensive actions against violent crimes such as beating, killing, robbery, rape and kidnapping that seriously endanger personal safety, resulting in casualties of illegal infringers, is not excessive defense and does not bear criminal responsibility. The Kunshan case fully complies with this provision.
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