Special Defense Theory And Practice

The additional 20-3rd article stipulation drawn up in the revised criminal law causes the strong repercussion. The scholars generally think that it is a legislation of the right of unlimited defense that denies the "imperfect self-defense". So, the advantages, disadvantages of this article and whether it should be abolished are becoming the points at issue. The author thinks the article actually is a supplementary regulation of justifiable defense and a special regulation against justifiable defense of some special crimes. So, we should call "special justifiable defense". Based on it, the author sets forth some opinions on the theory and practice in a systematic and detailed way. The thesis is divided into three parts:The first and second part puts up the term "special justifiable defense" by analyzing the various names of the 20-3rd article stipulation, then discusses in detail the theories about the evolution of the self-defense right, the probe to the value of the self-defense, the nature of special justifiable defense and the requisites to constitute the special justifiable defense.The third part brings exposition to the judicial problems like responsibility of proofs and the special defense against the persons bearing no criminal capacity of responsibility and the transforming crime, expected to push the comprehension and discussion to the legislation.