Study On The Special Self-defense Rights

Our country criminal law 20th article 3rd section given the self-defense system to new content, this provision established a special defense right from the beginning of the establishment of criminal law theory ,It has become the focus of controversy. We study it both in theory and in judicial practice are important. This article beginning is the concept of special defense right sort, and historical research, and then focus on specific defense right elements of the principles and application of the analytical, followed by a special defense right against the controversial issues related to interpretation , On the above analysis into account the actual judicial practice, make a number of legislative perfect glimpse of viewpoint.The author give the general theory of special defense as a starting point, especially for the special defense and general defense, when the relationship between a set and then on the special defense of the historical origins of modern development, and on the special defense rights legislation background was investigated, and special defense of fair value, order value and human rights values analyzed. To ensure the reasonable exercise of the special defense, I believe that constitutes a special defense to have the following elements: the subjective element - intent to legal, causes element - a specific crime, the time element - in progress, the object elements - violence against himself.And the various elements were resolved. I believe that applies to special defense, people should strictly observe the applicable principles, and strive to achieve social and criminal protection of human rights function to protect the harmony of the text from the special defense of the applicable limitations, the purpose of defense cooperation, defense very nature, defensive urgency ,four principles are described.In recent years, there are controversy about many of the relevant special defense, the author of the special defense appellation, special defense of that responsibility, the special defense is not a standardized language terms such as "murderers", "seriously jeopardize the personal security" and "violent crime "words of understanding and ability of people without criminal defense issues in particular were discussed. Exist for special defense areas need to be perfect, I made a number of legislative proposals perfect.Special defense clause in the "attack" is ambiguous, "murder, robbery, rape, kidnapping" and other crime, the extent and specific charges of violent crime is not clear, "endanger the safety of other serious crimes of violence," the regulations are not clear, terms of these terms to accurately grasp the spirit of the legislation made under the premise of reasonable limits on their interpretation; No criminal responsibility on the special defense of people who want to combine the subjective psychological defense analyze specific issues. So we can bring into the principle of drawing into retreat.