The Analysis Of Zhang Jian Case Of Self-defence

Self-defence system has been prescribed in the the country’s criminal law of1979and1997. It has been supplemented and modified in the latter one. However, there are still a lot of debates over the self-defence system between the theorists and the lawyers which has a direct influence on the defining of the individual cases.The correct defining of self-defence in legal practice helps citizens to be actively involved in the fighting for crime. And the unreasonable defining of the cases may easily arouse controversies which in turn may cause harm to the authority of the law and the credibility of the judiciary. On the basis of the analysis of a specific case, this paper attempts to discuss the scope of unlawful infringement in self-defence, the subjective conditions and necessary limits of self-defence.This paper can be divided into four parts:The first part is the introduction of the case and the focus of the disputes. By analysing the case of Zhang Jian self-defence case, the focus of the disputes is presented, that is, whether Zhang Jian stabbing the officer who is trying to destroy his house illegally have met the cause conditions and the subjective conditions of self-defence and whether it has surpassed some necessary limits.The second part is devoted to the introduction of the concept and its constitutive requirements. By analysing the focus of the disputes over this case, the specific problems over self-defence system has been touched upon. The definition of self-defence, the illegal infringement in self-defence, the subjective conditions and necessary limits of self-defence have been discussed respectively.The third part is the solving of the problems over the case. By analysing this case, the question that whether Zhang Jian’s behaviour has met the certain requirements for self-defence has been answered.The final is devoted to suggestions. Taking the examples of foreign countries, this paper tries to put forward some specific suggestions for the improvement of self-defence system of our country.