Research On Difficult Problems Of Special Defense

In recent years,legitimate defense cases have gradually increased and become a hot topic of controversy.Because many cases involve serious threats to personal safety,they belong to the category of special defense.Taking the classic case of special defense "Tang Xue" as an example,there are three controversial issues in this case.The first is whether the defender has an obligation to evade,the second is whether the defender who has lost the murder weapon can be specially defended,and finally the special defense behavior Do you need equivalence? Aiming at the above problems,and combining the views of all parties,several points are drawn.Although the current legislation does not stipulate the obligation of avoidance,the theory of avoidance should be introduced;the key to whether special defense can be given to the person who has lost the weapon is whether the serious danger of violent crime to personal safety still exists,which requires comprehensive identification from both objective and subjective aspects;Special defensive behavior requires equivalence.In view of the conclusions summarized,the special defense system is further improved in the following aspects: one is the introduction of retreat theory,the second is to regulate the conditions for the establishment of special defense,and the third is to regulate the equivalence of special defense.The above measures help to regulate the application of special defense in judicial practice and improve the special defense system.