On The Special Self-defense

The basis of Special Justifiable Defence is the third paragraph of Article 20 of Criminal Law of the PRC, the content being"If a person acts in defence against an ongoing assault, robbery,rape,kidnap or other crime of violence that seriously endangers one's personal safety, thus causing injury or death to the perpetrator of unlawful act ,it is not undue defence,and he shall not bear criminal responsibility".All the arguments of my dissertation are around this stipulation of the Criminal Law.There are five parts in this article.The first part:Different Names of Special Justifiable Defence.The inappropriateness of the name-Unlimited Defence is argued in this part. Other inaccurate names of Paragraph 3 Article 20 of the Criminal law are also denied,whereas the soundness of Special JustifiableDefence is illustrated, the correlation between Special Justifiable Defence and General Justifiable Defence being explained.The second partThe Function of Special Justifiable Defence. Special Justifiable Defence can never undermine the principle that penal punishments must be exercised by the State ,nor can it lead to "private penalty",because it suits the necessitiy of fighting against violent crimes.On the contrary,Special Justifiable Defence can strengthen the function of Criminal law to guarantee human rights and the value of Criminal Law to assure justita ,its social effects being positive.The third part.The essential condition of Special Justitifalbe Defence -the existence of special violent cremes.The definition of Violent Crimes is given in this section .Being the basis of Special Justifiable Defence, Violent Cremes must meet three kinds of conditions simultaneously.The author thanks that negligent violence cannot constisute the foundation of Special Justifiable Defence .The forth part.The Time Opportunity of Exereisign Special Justifiable Defence--the violent crimes must be in the state of on -going .How to determine "the begnning" and "the ending"of violent crimse is discussed here,with the exposition of the impotant role of "Seriously endagering Personal Safety".The fifth part.The Subjective Condition of Special Justifiable Defence.the acts of Defence must be based on the cognition and purpose of Defence.The discussion of this part is on the factors of the Cognition and the Will, the emphasis on the correct cognition of "Violent Perpetrator".