Special Defense Research

This article is about special defense, and adds up to more than 40000 words. This article is made up of preface and text, and preface is about the historical course and its practical meaning. The text consists of three parts.The first part: the basic theory of the special defense. The part mainly discusses three questions: The first is about the basis of policy. The policy is the basic foundation to draft the law, and the nucleus and the sprit of the law. The law is the reflection of the party's policy, and the important tool to realize the policy. In judicial practice, we should object to not only the nihilism of law but also the multiple-use of law, and should integrate the guide of the policy into the action according to the law. The application of the law varies according to the country policy, and the legal prescription of defense varies according to the situation. The second is about essential trait of special defense. What is the essential trait of special defense? Why stipulates the special defense? What is the base of not penalizing special defense? The third is about the value of the special defense. Its essence is to meet the need of keeping order.The second part: research of the special defense. The first is about the range of special defense, and the author puts forward his view. The second is about the intention of special defense. The intention of special defense concludes two parts: the understanding factor and the determination factor. The third part is about the damage of special defense. In this part, the author suggests that we should make some amendments to the rules of Article 20, Section 3 of the criminal law: add urgent condition before the harm as result of illegal violations.The third part: the judicial determination of special defense. Firstly, the author analyzes the link between ordinary defense and special defense. The author draws a conclusion of the requirements of special defense after analyzing the differences. Secondly, the author analyzes the time of special defense. In this part, the author analyzes the time in the base of the some cases. At last, the author analyzes the special defense of the transforming offense. Which transforming offense can be the target of special defense? When we can carry out special defense? These questions happen often and need settlements in practice.