On The Theory And Practice Of Special Defense

Article 20,paragraph 3 of PRC Criminal Law specifically provides for “special defense”.There are many common elements of “special defense” and general justifiable defense,but “special defense” have its own particularity:(a)the unlawful infringement inducing “special defense” must be a violent crime that seriously endangers personal safety;(b)special defense that causes death or injury to the unlawful infringer is not an undue defense.Based on the special value balance orientation,we shall comprehend the essential condition of special defense in a different way,such as the subjective element,the stimulation/cause,the time of unlawful infringement and the self-defense limit.Whether “special defense” can be applied to justify the defenders has become the focus of relevant cases.In recent years,“Kunshan case” is a case in point.The timeliness of defense is highlighted in dispute of this case.The court's final decision affirms the legitimate criteria for “special defense”.