Identification Of The Special Defense In Justifiable Defence

In1997revised the existing Criminal Code provisions of Article20, paragraph3"The ongoing violence, murder, robbery, rape, kidnapping and other serious violent crimes that endanger personal safety, to take defensive behavior, resulting in criminal violation of casualties, does not belong to defensive, not criminally responsible.”Since the advent of the terms, people of this different understanding also generated a lot of controversy, and even how to give it a name. This paper argues that called special defense is more reasonable. In comparison, the first paragraph, if the latter is referred to as a general right to defense, the former can be called the provisions of the special right to defense. Special defense is a special kind of self‐defense, it encourages people to protect their own interests in the face of serious violent crimes, criminal law protection function and the function of safeguarding the organic unity of the value of its existence.However, since the special defense system set up nearly16years, is rarely applied in judicial practice, the people are very strange. The reason is that, theoretically identified for special defense is a bit confusing, many scholars to be deliberately strict restrictions on the limits of the special right to defense, so that it is not applied value; judicial practice, too much emphasis on the State Power negatively towards citizens special Defense Right. The special defense is unique in the criminal law rules, which is different from the other provisions of the criminal law to the crime as the core rules, but as the core of the defense of the rule, it is important to understand and identify the special defense should be used with the other rules of the study criminal law is not the same the idea; special defense rights of citizens, shall comply with the principle of the public generally; concluded by emphasizing the The special defense lynching rights are essentially different, thus contributing to the protection of national authority, to open the way for self‐defense in judicial practice.As a special self‐defense in the face of special defense, both the nature of the self‐defense has its special meaning. Therefore, this paper studied in self‐defense special defense, special defense of the main research special, special defense "violence","violent crime" as well as special defense tense. I hope this can help in our fully rational application of the special defense system.