| ABSTRACT This essay contains four parts, which are expounded as the. following approximately 34 thousand words. I The title of article 20 section 3 in the current criminal law of P. R. C. This part introduces and analyses each the five title for the article 20. Section 3 existed in learned society. The author thinks the best title should be unlimited justifiable defence within the special scope. 11 The concept and applied conditions of the unlimited justifiable defence within the special scope. This part is the kernal of the essay. Firstly, according to the provision of article 20. Section 3. I think what the so梒alled unlimited justifiable defence within the special scope should be: when a person is facing an on-going assault, murder, robbery, rape, kidnap or any other crime of violence that seriously endangers his persona] safety, he or she has the right of unlimited justifiable defence against it. Secondly, this part 3 thoroughly analyses the applied conditions of the unl umnited justifiable defence within the special scope. Points out its essential condition opportune condition, target con di tion and subjec ti ye condi tion. Its essential condition must be the actual existing of an on梘oing assaul t, murder, robbery, rape, kidnap or any other crime of violence that seriously endangers one抯 safety. Its opportune condition must be any of these crimes of violence is acting. Its target condition must be the ac ter of the above acting crime. Its subjective condition must be to stop the crime of violence that seriously endangers one抯 persona] safety. hq The relationship between article 20 section 3 and article 20 section 1, 2. The author believes that section 3 is an addendum of section 1, and they not only have connection but also have distinction. The relationship between Section 3 and Section 2is parallel, they are all addenda of Section 1, but they have essential distinction. The former shall not bear criminal responsibility but the latter shall bear criminal responsibility. 11?The legislative comparison, analysis, perfecting 4 of the unlizni ted justifiable defence within the special scope and its value orieation. In this part, I firstly introduce the origin, development and present situation about the legislations for unlimited defence within and outside China, then point out the birth history of our coun try抯 an] iini ted defence within the special scope. Secondly, I think we should give relevant comment for article 20 section 3 and avoid too much praise and too much belittle. I also give some points about perfection in legislation. At last, I thoroughly study the value direction contained in the article 20 section 3 and point out this section is a harmonious unity between consideration to fairness and giving priori ty to order. This section is also the necessary of the socialist market economy. It is also the standard and scale for judging a crime, it is also 慶ommon standard?accepted by the masses. |
