On Right Of Special Self-defense

Self-defense is an important system in China's Criminal Law. In China's Current Criminal Law, the amendments of self-defense are about the concept of self-defense, the constituent elements of self-defense, and right of special self-defense. As a bright spot in China's current Criminal Law, Item 20, Paragraph 3 causes wide attention and intense discussions. The Study of Right of Special Self-defense is important and profound, but there are also Misunderstandings. So I chose "On Right of Special Self-defense" as the title of the thesis for my master's degree.Paper is divided into an introduction, body, catalogue and list of references. Specifically, the paper's main points can be summarized as follows:1. The nature of Item 20. Item 20, Paragraph 3 is a special legislative provision of self-defense system. Item 20, Paragraph 3 is suggesting provision of Item 20, Paragraph 1 and Paragraph 2. Item 20, Paragraph 3 is important for judicial attention to the special circumstances in self-defense.2. The concept and constituent elements of Item 20, Paragraph 3. Item 20, Paragraph 3 in China's Current Criminal Law defined the concept of "right of special self-defense", so "right of special self-defense" is a good norm. There are the defense motive and defense limits in the constituent elements of Special Self-defense, in addition to the causes of defense, the defense targets and defensive time.3. Legislative Perfection and criminal justice of Item 20, Paragraph 3. Item 20, Paragraph 3 in China's Current Criminal Law is the product basing relatively low level of development of China's criminal condition. Thus, their evaluations muss be based on China's current criminal condition. In my opinion, we should apply Item 20, Paragraph 3 through reasonable explanation and strict application of this article. But when the time is ripe, we could consider repealing this article, in order to further improve China's criminal law.