On The System Of Special Defense

The system of special defense, which has been the focus of controversy Since establishment was stipulated by Criminal Law 1997.There are important meanings to research this system either in academic of practical field. This thesis, from the Prospects of criminal jurisprudence and judicial practice probes into the history, value of the legislation, concept characters and constitution of the special defense .At the same time, on the basis of the integration of all the special defense system. The paper introduces related legislation in other countries, and points out the differences by comparison the internal legislation .By this paper, the another hopes to promote the development of the research and practice related to special defense. The thesis is divided into five chapters and about sixty- three thousand words.Chapter I retrospect to the history of special defense, and introduces the background and the process of the legislation and the process of the legislation of special defense. This part probes into the coordination of the third clause of article 20 in criminal Law and the system of justified defense, gives remarks of the vale of special defense, and points out that in some time the system of special defense will still contribute some instruction meanings to judicial practice.Chapter n special defines the special defense as the defense acts. Against an on -gong assault, murder, robbery, rape, kidnap and the other any crime of violence that seriously endangers his personal safety, causing injury or death to the perpetrator of the unlawful acts. This part also maintain that beside the characters of justified defense, there are still special characters of special defense.Chapter HI on the ground of the analysis of different opinions over the constitution of special defense, analyses and probes into the constitution of special defense in details which includes premise condition, time condition, object condition as well as subject condition, This part especially probes into the intension of the word of assault which brings about huge controversy.Chapter IV inquires into the defense acts lack of constitution of special defense, which includes defense acts lack of premise condition, defense acts lack of time condition, defense acts lack of subject condition as well as defense acts lack of defense attempt.Chapter V analyses the professional acts carried out by police, and point out the differences and relations between special defense and justified defense. The paper, at the same times, introduces some external legislation about special.Defense, especially the legislation in common law family, and point out the rational places which merit our reference, in compare with internal criminal legislation.