Research On The Establishment Of Condition Of A Special Defense

Special defense is a defensive right, to prevent the personal right from being seriously jeopardized by the violent crimes, allowing the personal rights although deaths caused by damage to the consequences of criminal behavior, but out of responsibility. The establishment of a special defense must have causes and subjective conditions. The cause of the special conditions of defense is "assault, murder, robbery, rape, kidnapping and other serious crimes of violence endangering personal safety." "Serious" means that the perpetrators of violent crime have the subjective criminal intent and objectively give rise to a immediate danger that cause serious harm consequences. "Personal security" means the right of life, health and body. "Violent crime" means the criminal acts of directly using the violence as a means or indirectly using of some forms of violence against citizen's personal safety and cause serious harm or serious threat. "Attack" is a violent criminal acts of serious jeopardized a personal safety with not obvious subjective intent. "Murder, robbery, rape, kidnapping," refers to the four specific charges, and must be used violent means to reach a serious threat to extent a personal safety of violent crime, under these circumstances, defender can carry out the special defense. Subjective conditions of special defense including the defensive consciousness and defensive purpose. The consciousness of special defense means that defender realized the serious defense of violent crimes are against under way and the personal safety protected by law have being violated, otherwise the act of defender is to stop a serious threat to the personal safety. And also the crime reach the criminal age and have the capability of his acts, under these circumstance against persons on the criminal damage is necessary to stop the illegal infringement. Defensive purpose of special defense must to protect himself or others personal rights, What's more, personal rights should be limited by personal safety. Therefore, the personal rights in here including---the rights of life, health and body---only three types.