The Constitutionality Of The Special Defense Right

There has been a lot of controversy on special defense right in the criminal law field.These disputes have a profound impact on the academic research on special awareness ofthe right to defense, In view of the special defense right contains a wealth of knowledge ofconstitutional law, I believe that the study will help settle the dispute if we research thespecial defense issues from the point of view of the Constitution. Special defense rightterms show that implement a special defense for the criminal acts of violence that threatenthe right to health, special defense does not exist in the limit of defense, special defensebody includes any citizen. However, These provisions may violate the constitutional rightto life, in violation of the principle of proportionality and the principle of equality.Therefore, the right to life should be first and the idea of equality of the right to life as thekey to solve the special defense right legislation,"Personal safety" should be defined in thesafe range of life, increase the terms of retreat, adjust the position of the over-defense andspecial defense right terms, narrowing the third party defense scope of the subject, in orderto achieve the purpose of the constitutional protection of human rights.