On The Unlimited Defense

97 years of criminal law established the unlimited defense after Criminal Law theorists caused great repercussions, and there have been some question in the negative point of view, the voices of unlimited defense legislation has brought a certain sound. 97 years since the enactment of criminal law for nearly 10 years, with the theoretical study of the Penal Code, as well as the deepening of judicial practice continue to accumulate, the unlimited defense of the question in the negative and said that the re-examination, the defense of an unlimited future development and improvement of an immeasurable significance .Unlimited defense from the perspective of historical development, for unlimited consideration of the defense to make history, lynching Born While infinitely defense, but with the history of the development of unlimited defense has experienced a sense of the absolute infinite defense relative to the sense of infinite evolution of the defense . Despite today's world, in the criminal law provides for the unlimited defense of the country's defense made limitless variety of conditions, but as a citizen of unlimited defense of a right to self-rescue legislation on the value of existing space and can not be denied.97, China's criminal law has established an unlimited defense, because at that time in the legislative process is to address the requirements of self-defense is not conducive to crack down on crimes to protect the interests of the citizens, for the written expression of regret, not to amend the legislative branch that will not cause Ambiguous, leading to the criminal law of the Penal Code academic Article 20, paragraph 3, the description of the essential character of unlimited defense, the defense constitutes an unlimited, unlimited defense legislation in areas such as technical deficiencies of the controversy. At the same time, as a result of the unlimited defense of the Penal Code academic understanding of the ideological differences, with regard to the retention or abolition of unlimited defense has also attracted a wide range of academic discussion. 97 years since the enactment of criminal law for nearly 10 years, the implementation of unlimited defense did not, as some scholars have predicted as: unlimited defense right people to be abused by the legal collapse of an exaggeration to say that point. The reason: on the one hand, is unlimited because of the defense right that is built on the premise of unlawful infringement, with a certain degree of passive: On the other hand, due to the infinite self-defense due to the characteristics, the defense of people in panic, their behavior More from the defensive instincts.In the infinite around the defense of the legislation argue Defects, for the Criminal Code article 20, paragraph 3 of the vague concept of burden of proof and unknown, made a number of scholars to the point for their constructive comments. I tend to the Criminal Law Article 20, paragraph 3 of the Criminal Code to take as Article 17, paragraph 2, for at least 14 years of age is under 16 years of age of criminal responsibility in the manner outlined its practice. On the one hand, criminal law provisions of this legislation in line with the development trend of technology and at the same time, but also conducive to the understanding of civil and judicial personnel found.