A Rational Evaluation of Special Self-defence Right
Wang Yujie(Henan Administrative Institute of Politics and Law,Zhengzhou 450002,China)
Compared with the rule about legitimate defence in the criminal code in 1979,a striking change in the criminal code in 1997 is that the special self-defence right is stipulated in the Item 3 of Article 20.It says:"One,who causes the offender's casualty when he defends himself against ongoing violence,murder,robbery,rape,kidnapping or any other violent crime severely endangering one's life,should not bear any criminal responsibility since it doesn't belong to unjustifiable self-defence."This rule changes the legislation layout of China's criminal law on legitimate defence.At the same time,the new rule causes some new problems.The analysis and evaluation of these problems will not only help to enrich and perfect the theories,but also help the judicial practice.
【CateGory Index】： D924.1