Studies On The Problems Of Infinite Defend Power

After the penal code of 97 years of our country was promulgated, its 20th Section third establishment of commit crime to violence infinite to defend the power, became the focus of the controversy once. The scholars held different views on the new established system. Still some scholars thought what our country established in Section 3 of penal code of 97 were not the infinite defend power, but the proper defend the power under special circumstances .As for the style's ruling the controversy of the concrete form of address of the system also rised after another, there were various assertions such as" have no excessive defend"," have no the degree to defend"," the infinite degree defend"," special defend the power"," defend the power specially".Whether or not new Section 3 of penal code of our country have actually established the infinite defend power? Take this problem, the writer tried to commence from infinite defend the history development and characteristics of the power , through analyzing composition and it's ruling, characteristics, and disclose its essence to the public : l,It is the proper defend power; 2,It is the power defend with limited degree; 3,It is the unilateral and infinite defend power. The fourth of the article is based on it's original meaning of the lawmaking, further analyze its worth mindset.What two parts of the empress of the article firstly pays attention to is several concrete problems that often occur in the judicatory practice medium for the infinite defend power .Such as the problem of how to affirm " commit murder", the problem on whether the person without the pertaining to crime responsibility ability can exercise the infinite defend power or not, the problem about the infinite defend power to offer as proof responsibility etc.. In the end, to how to the perfect the infinite defend power of our country, the writers putforward some lavvmaking suggestions: 1, Section 3 should be modified as: As to the behaviors that really have already been the intentional hurt of endangering the Human body safety seriously and behaviors of killing people, robbing, rape, kidnap the etc. proceeding from the self-defense purpose, or due to the purpose that protects the public Human body safety, the behavior of adopting defending, with a result of the violated person's dead or injure, is proper to defend.2, exchange the sequences of Article 20 in order to resolve the existent logic problem.3, some problems can be resolved through the exaltation to rule over the Class .Or can consult the death penalty to recheck the system, and establish rechecking the system of affirming the infinite defend power.