Research On The Right To Defense In The Violent Demolition

Our country is changing rapidly in the new period. The demolition and relocation is a common phenomenon. Violent crimes have become increasingly prominent. In the front of the lack of the law and the transition of the development situation, the criminal law should satisfy the need of the society. The Jian Zhang’s case is very typical. Jian Zhang’s behavior is to safeguard his legitimate rights and interests. But he beyond the limits of necessity, intentionally causing harm result. Jian Zhang imposed light punishment underlines the connotation of the legal protection of private rights in China, has virtually been conducive to the promotion of China’s citizens’rights awareness. The sentence protect the legitimate rights and interests of citizens. In the context of building a harmonious society, the court reduce the social antagonism, turn negative factors into positive ones, and realize the unification of legal effect and social effect.This paper is based on the theory of the criminal law and the analysis of the case. First, it study the qualitative issues of Jian Zhang’s behavior by the inspection of the justifiable defense. Secondly, it discuss Jian Zhang’s defense behavior to research the excessive defense. Again, based on Jian Zhang’s behavior, it investigate the case with the conviction and sentencing, the legal effect and social effect. Finally, we evaluate the case, analysis of the problems of today’s demolition, concern about the simple awareness of the citizens to defend the right to housing, try to find the causes of the demolition of violence and similar cases and reflect the status of justifiable defense system in China.