Research On Justifiable Defense Of American Criminal Law

In recent years, with the development of research on Chinese criminal law theories, the academic circles of China make more and more researches on criminal laws of those countries from Civil Law System, such as Germany. However, the research on criminal laws of Common Law System is much less. Moreover, among all criminal law theories, the theory of justifiable defense is deeply related to the culture tradition of a country and closely bound up with the culture background of a nation. Therefore, this thesis makes a systematic analysis, research and comparison on the criminal law theory of America based on this topic, with the expectation to provide relevant materials for China's criminal law academic circles.Centered on the five distinctive criminal laws and the"law considerations-cases & theories", the author tries to sum up the characteristics of American Criminal Law and the point which is able to be drawn on by China.The thesis is divided into four parts except the part of introduction, and has about 47,000 characters in total (including over 5,000 characters of footnotes).The first part of this thesis is an introduction, which introduces and generalizes the nature of American justifiable defense and the role it plays in American criminal laws. Then the author redefines its types. It sets a foundation for the discussion hereunder.The second part of this thesis is the introduction of self-defense. Starting with the introduction to five distinctive criminal laws, the author makes a systemic research on preconditions and requirements of time, necessity, proportionality, defendant and limitation of the constitutive requirements of self defense. Afterwards, the author makes an analysis on several issues of rational standard, imperfect self defense and so on.The third part of this thesis is the introduction of defense of another. Based on five distinctive criminal laws, the author introduces the historical origin of defense of another and the issues of cognitional error in law and abortion.The fourth part of this thesis is the introduction of defense of property and the habitation. Based on five distinctive criminal laws, the author introduces the constitutive requirements of property defense and issues of spring guns.The fifth part of the thesis is the comparison of the system of justifiable defense between China and America. The author makes a comparative research on preconditions and requirements of justifiable defense. Afterwards, the author sums up the characteristics of American Criminal Law and the point which is able to be drawn on by China.