Special Defense System Research

1. This article is to research the problem of special defensive system, particularly, to make a deep analyses and discussion on value orientation and legislative norm of special defence.2. This article is classified into three sectors, the total words is about 35,000. The first part mainly summarize the problem of value orientation of special defence system. The writer discussed the relationship between punitive rights and defensive rights, defenders' rights and trespassers' rights, furthermore, on the basis of it, they had the further statement to the two sides of value orientation of the legislative background of our country's special defence right and special defence system.3.The second part is to research the legislative norm of special defence system deeply, and to make a clear explanation of the concept, nature and important forming document of special defence especially, to focus on the statement of violent crime which threat human physical security seriously such as homicide, robbery, rape and kidnap, meanwhile, it mainly explain the requirement of body condition, and to have the statement of weak point of this system. This is the most important part of the three.The third part is to discuss the suitable justice problem of special defence system, including the problem of special defence caused by exchange blows, homicide and violent crime caused by civil conflict that threat seriously human physical security whether it can be enforced by special defence or not, and overdefence whether it belongs to illegal assault and whether it can be enforced by special defence for overdefence...