On The Application Of The Right Of Special Defense In Criminal Law Of The PRC

It is ruled in the Criminal Law of 1997:"The seriously endanger the personal safety and take defensive behavior, resulting in criminal violation of casualties, does not belong to over-defense, not criminally responsible. " Introduced provisions which make a more complete self-defense system, in-terms of the protection of national and civil rights, suppression of crime has played a very important role. But the world is not perfect things, the law is the same. The introduction of a special defense right, causing widespread concern and intense discussion of legal theory, named the determined struggle abolition never stop, study books and papers of the system voluminous. On the basis of existing research, the paper also tried to do some analysis and discussion in order to be able to complete the legislative special protection rights, judicial inspection, practical application to make a modest contribution to promote the special defense power system better able to play a protective people and punish crimes important role.Firstly, from a legal point of view Comments special defense right concepts and theoretical basis that the "special defense right" to define the concept of a more rational; quite dangerous through elaborate on the legal protection of personal rights and interests of the perpetrators of criminal acts and the degree of risk they are inversely related On when the-legal interests violated by crime areas can look forward to the possibility of taking appropriate defense and other content to explore of the special defense right. Second study special defense right applicable conditions, mainly analyzes the objective status of the special defense object behavior, objective behavior awareness and defended when appropriate conditions and results of defense, improve the applicable special defense right. Again, point out flaws special defense right legislation, and special defense right in judicial practice to inspect the application, through the review and analysis of relevant cases, special defense right to study how to better apply to the actual case, and for the future For the application of the special defense power of how to improve offers some superficial reference. Finally, by comparing domestic and related systems, proposed legislation to improve the special...