Analysis Of The Special Defense Right From The"Deng Yujiao Case"

Since the establishment of legitimate defence system in the criminal law, to maintain social order, safeguarding citizen’s personal and property safety. However, due to the continuous development of society emerged to solve criminal cases of new situations and new problems and a series of the justifiable defense system is very good in the dispute. So one of the1997new criminal law features is the increase of the special defense right (some scholars called non-excessive defense right or unlimited defense right) regulations. The special defense system is established in paragraph third of its twentieth. Legislator’s intention is to encourage citizens to fight against violent crimes are serious, better protection of the personal rights of citizens. But since has been become the focus of the dispute, experts have written statement where its pros and cons, a judgment from the legislation value, are discussed from the design and interpretation of the law. The case proceed from reality in the research of other people’s help, the special justifiable defense right concept, nature, applicable condition and other aspects to improve the special justifiable defense right to explore and research. The first part:the court verdict "the facts of the case and the court case of Deng Yujiao", according to the acts of the parties in criminal law and the provisions of special defense right comparison leads to the focus of controversy of the case based on the. The second part:the law in this case involves theoretical analysis and put forward their own ideas. The third part:analysis of the special defense provisions of objection, by using the method of position and interpretation of legal interpretation. At the same time combined with specific cases to provoke thought standpoint and method of interpretation of criminal law interpretation of criminal law. The last part of legal interpretation and legislative proposals from the perspective of improving the right of special defense, finally finish thinking and suggestions on rational special defense right, so as to ensure the realization of judicial justice, realize the unity of legal effect and social effect.