Study On The Limitation Of Special Defense

The establishment of special right of defense has its positive significance and good legislative intention.The legislative intention of special defense is to protect their legitimate rights and interests through self-help relief,and to avoid punishment,and to encourage citizens to stand up against crimes when facing serious violations of personal security.Before the Criminal Law of 1997,the over-principled justifiable defense clause appeared various judicial difficulties and contradictions in the judicial practice.Since the Criminal Law of China in 1997 stipulated the Special Defense System,the special defense has played an important positive role in effectively punishing violent crimes,safeguarding citizenship and interests and maintaining social stability.But in judicial practice,violent crimes still account for a considerable proportion of criminal cases.We frequently see in the news cases of homicide,robbery,rape,kidnapping and other violent crimes that seriously endanger personal safety,it is a serious threat to the people's lives and property security.According to the statistical analysis of the relevant data,the special defense system in China's specific judicial practice has been shelved by the judiciary,in a state of deep sleep.The case of Kunshan Homicide has activated the judicial application of special defense system in our country.We encourage the force of justice to fight against unlawful infringement and apply the special defense boldly,we should also realize that the current special defense system in our country has a great lag,and there are still many problems in the judicial practice.Compared with self-defense,special defense is more dangerous and worse in criminal behavior,so special defense has the right to counterattack the criminal in violent and violent way.But the special defense right is not the infinite defense right,the special defense is limited.In a modern,civilized and rule-by-law Society,the right of defense must be limited and controlled within the legal value of justice and order on the basis of the principle of equal legal interests.The defense limitation of special defense is the key point of special defense system,if it is only based on Article 20,paragraph 3,of the Criminal Law,which is simply the right of special defense,it is difficult to make an accurate grasp and determination of the defense limit of special defense.Based on the theory of Special Defense in China,the author intends to introduce the case of "Kunshan Homicide Case",and analyze in detail the limitation of special defense and the typical problems of special defense in judicial practice,so it puts forward the countermeasures and suggestions to judge the limit of special defense in our country,guides people to exercise the right of special defense more accurately,and instructs judicial personnel to judge the limit of special defense accurately.Let the special defense system play an important role in punishing crimes and protecting human rights in judicial practice.