| The Criminal Law 97 had made a great modification on the system of self-defense legislation, increased the Clause 3 of article 20. However, once the modification, an extensive concern has aroused from the theory fields and the practice fields. Comparing and analyzing the different names called by different scholars, the author considered that the section should be named "Special Defense"just as pondering on the means of the words and the idea of legislation of self-Defense. The Special Defense means the statutory situation that in order to defend oneself or the others against the serious violence crimes which are endangering the body safety, anyone who carried out self-Defense, even if caused the violator dead, need not take any criminal responsibility. Though the application conditions of the Special Defense and the Common Defense have apparent difference, the Special Defense has some equality with the Common one. For when carrying out Special Defense, even if caused the violator dead, is also belong to self-defense, need not take any responsibility, the Special Defense did not exist the excessive one. Combining with the ideology of self-Defense, the foundation of Special Defense can be explained as follows:"the instinct of self-Defense","human rights given by the nature","the right proportion of society". At present in china, the legislation of special Defense is absolutely very significance, however, we should comprehend the conditions of the Special Defense strictly. The Special Defense should only be applicable to the severity violate crimes, among them, committing physical assault should be explained as certain commit the violence that cannot be judged definitely; killing, robbing, rapping and kidnapping should be explained as referring to this four kinds of violence criminal offences which are seriously endangering the human body safety, and as to the other violent crimes which are seriously endangering the human body safety, the article also has given a certain definition.
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