Study On The Self-defense In Criminal Law

China has long been a country which made the order as the highest value. Under such a legal culture background, the purpose of criminal law is to be targeted for general prevention and special prevention for the maintenance of social order, while the function of the protection of human rights (or protection of interests) has been severely neglected. There are at least these questions now exsiting on Chinese legistration: First, the confusion of the concepts. In the legal practices, the concepts of self-defence and acts of self-defense often make confusions. Second, the simplification of the relief of victims. public relief is often the single channel and private relief has no legal grounds. Third, the country's compensation mechanism is imperfect for the victims. The benefit of the victims was unable to obtain the earnest protection. Moreover it brought the judicial principle of"take the fact as the basis, take the law as the criterion"into disturbance. Taking this into consideration, this article attempted to construct a self-reliefe behavior system in a broad sense from the angle of How could the victims use their own strength to protect their own benefits.This article is divided into three chapters. Section 1 is a general outline of self-defense. The first section gave out a definition of self-defense. There are all kinds of definition of self-defense in the academia all the time, which are based on the point of view of aggrieved rights. This article discriminates the difference between the definitions, and put forward the theory that the core of the narrow sense of self-defense is to help oneslef's benefits on the basis of agggrieved law benefits. And the article put forward the difference between narrow sense and broad sense of self-defense. The construction of the theory on broad sense of self-defense have great significance that we can put comprehensive treatment to the crime from the angle of criminal integration,and most important we can pay more attetion to the protection of ensurance of human rights by criminal law. Section 2 is the study of validity of the narrow sense of self-defense. The article draw a conclusion from the fitness on law and necessity that narrow sense of self-defense must be brougt in the frame of the criminal laws.In Chapter II , the study is limited on the narrow sense of the acts of self-defense, this chapter do research on the Ontology Research of the acts of self-defense. Section 1 analyzes the elements of the narrow sense of the acts of self-defense. This article borrow ideas from the elements of a the General legal acts which include the intent of self-defense,lawless violations, damaged Law benefit, main body of self-defense, opportunity of self-defense, limit of self-defense,supplementary voluntarily of self-defense etc. Section 2 and 3 use the method of comparative analysis, comparing the self-defense with the similar system in the criminal domain and similar system in the Civil domain.The study are enlarged on broad sense of the self-defense, which is about the study of the legislation. Section 1 use the method of value analysis method, combined with judicial practice to discuss the practical value of the legislation of self-defense. Section 2 use the method of historical analysis to inspect the model of legislation from ancient to modern times, from China to foreign countries and from which abstract several kinds of methods of leading self-defense system into the judicial domain and discusses the reality of legislation in China.