On The Special Defense

This paper studies all-snidely the special justifiable defense system prescribed in Article 20, Section 3 in New Criminal Law. Tt is divided into five parts.Part1: a general discussion on right of special defense. This part mainly expounds three questions .The first questions for Article 20, Section, 3 in academic circles, negates other incorrect nominations, expounds the scenting of "special justifiable defense". The second question discussed is the characteristics of special defense. Its characteristics are as follows: firstly it emphasizes the qualifications of limits in the respect of defense; secondly, It stresses the person of personal right in the respect of the object of protection; thirdly. Emphasizes the violent offense of self-defense in the respect of tort in self-defense; fourth, it stresses the indefiniteness of defense of the self-defender in the respect of the limit of self-defense; fifthly, it emphasizes the strictness of subjective in the respect of subjective conditions.Part2:Vslues of the right of special defense are discussed in this part, firstly, it is beneficial to the effective protection of human rights; secondly, it helps to embody the value of justice of Criminal Law, thirdly. It is beneficial to the more effective control of crimes;Part3: conditions for the applications of right of special defense . This part mainly discusses three principle conditions. The first is the basic condition for exercising right of special defense—the existence of specific violent crime injury. It makes an analysis of: physical assault conditions for violent crime which is consider to be the basic condition for special justifiable defense. The second one is the time condition for right of special defense -specific violent crimes being committed. It mainly discusses how to determine the "being" and "ending" time of specific...