Special Defense Of Rational Debate And Improve The Proposal

Criminal law in 1997 increase the regulation of special selfdefense (unlimited self-defense or unrestricted self-defense). The aim of legislation bring into play the enthusiasm of the people when the county can not relieve in time . The people is endowed with the right of self-defense in emergency environment. But ,the regulation of special self-defense include many the values. On the whole , the regulation have shortcomings in value and legislation. The dissertation presents a special approach on the regulation of special selfdefense in the value of legislation the perfect of legislation and the value of orientation .The dissertation is composed of five parts:Part I is an introduction . The introduction clarifies the origin of the regulation of special selfdefense and the value of such research.Part II centres on the background of legislation and the value of legislation in logical thought.Part III analyses the problematical question .The analyses is made up of the name of the regulation of special self defense the understanding of the unlegal encroachment the understanding of the be on the understanding of the safety of the human the understanding of the violent criminal the understanding of the endanger ones life the understanding of the personal right the obiect of special self-defense return self-defense burden of proof. The author thinks it should be called special self-defense .The standard of the unlegal encroachment is the theory of objective. The standard of the be on is the theory of compromised. The safety of the human include life health and the safety of sexes.Violint criminal include both kill rob rape and kidnap. Endanger should be the possibility of the endanger not the result . The object of special ofself-defense include the people of irresponsibility. The object of special of self-defense is not include the unit and the mistake behavior. The defend has the burden of proof in special self-defense.Part IV is a survey of legislation. The regulation of special selfdefense is analysed in the perfect of legislaticn and the shortcomings of legislation. The author thinks should be cancle commit murder and increase the subject subjective purpose the restrict of the the strength of violate the regulation of the counter self-defense.Part V is the end.The point of view is summarizedThe author thinks to cancle the regulation of special self defense.