The Applicable Research Of The Criminal Law In Paragraph 3 Of Article 20

"Deng Yujiao thorn officer case" not only attracted unprecedented attention from the public and press,but also interested criminal law scholars, who differ with each other on whether Deng's act could be justified under paragraph 3, article 20 of China's Criminal Act. This paper explores the reasons why scholars differ with each other and holds that Deng's act could only be justified under paragraph 1, article 20.Part I :This part introduces the facts of the case and the viewpoints of the academia, trying to sum up their perspectives and present the legal issues involved.Part II :This part explores the theories relating to the case from 2 dimensions. First, it discusses the differences between academia and legal practice circle on the clause of special defense. Second, it expounds the interests infringed by the offence of rape, its elements and the connection between rape and special defense under China's Criminal Act.Part III:This part details whether Deng could justify her act by reference to the special defense clause based on the analysis there-above and advances the reasonable approaches to solve the legal puzzles, which consist of 3 dimension. First, it is impossible to ascertain the behavior of Deng and Huang. Second, Deng's act could not be justified under the special defense clause because of the fact that it is impossible to ascertain whether the behavior of Deng and Huang falls into the catagory of the acts that could triggers the special defense. Third, Deng's act falls into the catagory of undue defense.The final part of this paper discusses the inspiration regarding legal interpretation and legislation brought about by the case. It analyses the approaches to interpret Criminal Act and relevant experiences in foreign countries. It also points out the legislative defect of the special defense clause and advances proposals to tackle the similar case in the future.