Special Defense

A new provision concerning the right of special defense has been added to the amended Criminal Code in 1997,which has aroused controversies among criminal jurists. This article, through the analysis of section 3,article 20 of the new criminal code, deems that the appropriate title for this section is special defense. The writer tried to commence from the history development and characteristics of the right of special defense,through analyzing composition and it's ruling, characteristics, and disclose its essence to the public: 1, It is the proper defend right; 2, It is the defend right with limited degree; 3, It is the unilateral and special defend right. The fifth of the article is based on it's original meaning of the lawmaking, further analyze its worth mindset. What two parts of the last of the article firstly pays attention to is several concrete problems that often occur in the judicatory practice medium for the right of special defense. Such as the problem of how to affirm"commit murder", the problem on whether the person without the pertaining to crime responsibility ability can exercise the right of special defense or not, the problem about the right of special defense to offer as proof responsibility etc. In the end, to how to the perfect the right of special defense of our country, the writers put forward some lawmaking suggestions: l, Section 3 should be modified as: As to the behaviors that really have already been the intentional hurt of endangering the Human body safety seriously and behaviors of killing people, robbing, rape, kidnap etc. proceeding from the self-defense purpose, or due to the purpose that protects the public Human body safety, the behavior of adopting defending, with a result of the violated person's dead or injure, is proper to defend; 2, Exchange the sequences of Article 20 in order to resolve the existent logic problem; 3, Some problems can be resolved through the exaltation to rule over the class, or can consult the death penalty to recheck the system, and establish rechecking the system of affirming the right of special defense.