Study On Affirmation And Presumption Of Self-defense

The paper is divided into three parts , talking about the relevant problems on the affirmation and presumption of self-defense , trying to clarify the view that the affirmation and presumption of self-defense should be on advantage of the defender , to change the judgers'inherent concepts , to improve the defenders'situation in the judicial practice.The first part is about the dispute on the nature of self-defense , which look back on the history of the evolution of self-defense , dealing with the nature of self-defense . It should be the right awarded by the public , which is initiated in human instinct . It is a natural right, but adjusted by society through laws , and thus having the nature of society . It is the unity of natural rights and legal rights. It's legitimacy comes from the natural rights and has gained the social attributions gradually in the following development .The second part is mainly talking about that the standard of self-defense should be on advantage of the defender . It is accepted that the defender should be in a weak position , whose consciousness is normally in a non-rational state and this consciousness can be a defense cause . Speaking from the penalty theory , the standard of self-defense also should be on advantage of defender .The third part is talking about the distribution of the burden of proof and the proof standard for defense limits should be favourable to the defender . It is pointed out the view that the understanding of the necessary limits of self-defense should be based on the behalf of the defender , and expressed the views of burden of proof and the standard of proof on the limits of self-defense.