The Exploration Of Special Defensive Rights

The 3rd article ,20^th item of our criminal law stipulates that the defensive behaviors to the violence crimes,for example, doing violence,killing a man ,robbing,raping,kidnapping and other severe violence crimes which effect man safety do not belong to excessive defensive and do not take the responsibility. The regulation of criminal law initiates the forerunner of our special defensive rights legislations,and alters the legislative patterns of justifiable defense.Many scholars criticize the legislation,they consider that the regulation might induce the severer crimes,and propose to delete the regulation.The author names the regulation as special defensive rights,and considers that it is the organic unify of criminal law protection faculty and guarantee faculty,and the supplement to the first article ,20^th item of our criminal law,which is a great advancement of justifiable defense legislation and provides the vigorous law weapon for the struggle of citizens to some specific violence crimes.And the regulation can protect more effectively the life and property profits of citizens,and has the existence values.The article has six chapters,the first chapter is the appellation of special defensive rights.It cancels the limitless words from the appellation,and more and more scholars agree with the special defensive rights gradually.The 2^nd chapter is the historical reformation of special defensive rights.It investigates the origin of special defensive rights from the historical points of internal and external defensive syetem.The 3rd chapter is the legislation study of special defensive.It analyzes the legislation about special defensive from the points of internal and external legislation,and it has the use for reference to our legislation,and analyzes the legislation valuation of our criminal law to special defensive rights.The forth chapter is the general principle which suits special defensive rights.It analyzes the general principles of special defensive rights which shoud be obeyed.The fifth chapter is the comprehension of several law problems which suit special defensive rights.The author expounds his own viewpoints on the dispute part of the clause to strengthen the suit.The sixth chapter is the legislation defections and the perfection suggestions about special defensive rights.The special defensive rights items have some defections and abuses,though it has the existence values.So it is needed to be explained and corrected,which can guide practice better.