On Occasional Defense

Although ocassinal defense is quite a rare thing in our daily life, it is an importantand inevitable issue in theory and practice field. The fact that if we could make a correctdefinition on occasional defense helps no matter on improving relative theories about itin Penal Code, but also on solving problems in practice. Combining Chen’s behavior inthis case, by analysing the concept of accasional defense and its conditions, this essayholds that although apparently occasional defense has a similar effect with self-defenseobjectively, it is not same with self-defense essentially. Besides, occasional defensediffers from self-defense in many ways. Therefore, ocassional defense has no suchfeatures as self-defense posesses. After analysing the case, the writer holds that as a kindof illegal behavior, occasional defense should be punished as accomplished affender.But the fact that the behavior stopped another illegal harm could be the reason of atolerant sentence.